H1B Base petition revoked, Amendment NOID - B2 COS options?

USA H1B
, , ,
1

Hi Everyone,

I came to the US on H1b visa in March 2023 and applied for Amendment/Transfer in August 2023 under premium processing.

Aug 3 : File reached service center
Aug 11 : Base petition status changed to “Revocation Notice was sent” [employer has not shared the notice - could be because of multiple applications]
Aug 15 : Amendment status changed to “Notice of USCIS notice was mailed”

image
image696×750 159 KB

What options do I have now?

  • Can I change to a different employer now?
  • Can I switch to B1 or F1 to maintain the status? [I have a B1/B2 visa valid till Dec 2025 in my old passport.] - In this case am I eligible for B2 COS ?
  • Do I have any option to remain in the US legally without leaving now?
2

You can file B2 COS and stay in the US.
F1 is also an option.

Your H1B amendment will most probably be denied as base petition has been revoked.

I do not think that filing H1B transfer will be helpful either.

1 Like
3

Thanks @anil_am22 for your response.
Will it be a problem in future if I chose B2 COS and stay back and explore further options [like day1 cpt/ next year H1b] ?
Or as per the notice, is it advisable to leave the country?

4

Did you receive NOIR before the revocation notice was sent?

5

There is no clear answer to this as the officer who looks at the data makes the decision at that time.

Legally, staying in the US on B2 is allowed. The interpretation is different though by USCIS, DHS and CBP.

In the end, it may all work fine but some people face trouble too.
So, you will have to decide how much risk you can take to wait and file H1B again next year.

I believe that going via F1 is a better route.

6

Thanks Anil.
During my search in exploring the options these days, I got the same info after checking several portals.
You made it clear in one single post. Hope it will help others who are looking for these answers.

7

Mine is direct revocation. But for few others with the same employer, they got NOIR first.

8

Hi Anil,
I am in the same boat, I have received NOIR from my H1B base petition, but my amendment was approved later. The employer did not share the notice as the employment was terminated by them. Do you have any ideas why this happens? Is it the same officer who reviewed my H1B petition and amendment?

9

ask your base petitioner to withdraw the application if he has chance.

10

@h1bcheck can you share the final decision