H1-Revoke

[Hasansas1 0]

Hello.

My H1 petition (not stamp on visa) was revoked in 2013. I came back to the US in 2014 on student visa and got my H1 petition approved again. now I am traveling to home and want to get my h1 stamped. while filling the DS160, should I answer yes or no to if my visa has ever been revoked? because my h1 petition was revoked and not the visa itself. kind of confused

[Mounat 74]

Hello.

My H1 petition (not stamp on visa) was revoked in 2013. I came back to the US in 2014 on student visa and got my H1 petition approved again. now I am traveling to home and want to get my h1 stamped. while filling the DS160, should I answer yes or no to if my visa has ever been revoked? because my h1 petition was revoked and not the visa itself. kind of confused

You should answer yes. They also have the entry in the system but also the subsequent F and H approvals. It seems the earlier revocation did not negatively impact you but lying about it now is both unnecessary and potentially very dangerous.

[Hasansas1 0]

You should answer yes. They also have the entry in the system but also the subsequent F and H approvals. It seems the earlier revocation did not negatively impact you but lying about it now is both unnecessary and potentially very dangerous.

Thanks for the reply Mounat. I had answered NO because of my genuine misunderstanding as I did not consider approval notice as a valid visa. So I thought revoking of H1 approval notice does not mean revoking of H1 visa.

I have another question if you might be able to help. If you enter the US on advance parole while you were earlier on H1, can you reinstate it back to H1?

Thanks

[Starkilla09 366]

Thanks for the reply Mounat. I had answered NO because of my genuine misunderstanding as I did not consider approval notice as a valid visa. So I thought revoking of H1 approval notice does not mean revoking of H1 visa.

I have another question if you might be able to help. If you enter the US on advance parole while you were earlier on H1, can you reinstate it back to H1?

Thanks

You were right to select "no" in this situation and there's no misrepresentation about it. A visa and a petition are totally 2 separate things; one is an internal affair adjudicated by USCIS and the other a external affair handled by the State Department.

If you enter the U.S. in advance parole while you were on H1B earlier, you can file for an extension but must do so with your original employer though. Once approved you'll no longer be in parolee status.

[Hasansas1 0]

You were right to select "no" in this situation and there's no misrepresentation about it. A visa and a petition are totally 2 separate things; one is an internal affair adjudicated by USCIS and the other a external affair handled by the State Department.

If you enter the U.S. in advance parole while you were on H1B earlier, you can file for an extension but must do so with your original employer though. Once approved you'll no longer be in parolee status.

Thank you for the clarification Starkilla09. Your response has taken my stress significantly down

[Mounat 74]

Thank you for the clarification Starkilla09. Your response has taken my stress significantly down

Perhaps I was confused by your use of the word "revoked."

Petitions are not revoked, they're denied. Only a status or visa you already hold can be revoked.

So what was revoked for you?

[Hasansas1 0]

Perhaps I was confused by your use of the word "revoked."

Petitions are not revoked, they're denied. Only a status or visa you already hold can be revoked.

So what was revoked for you?

I was in H1 status based on my approved petition and it was later revoked. You believe an approved and then revoked petition should also result in an answer "YES" in DS160?

[Mounat 74]

I was in H1 status based on my approved petition and it was later revoked. You believe an approved and then revoked petition should also result in an answer "YES" in DS160?

If your H1 petition was approved then "revoked," what did that do to your H1 status?

If you've already submitted a No in the form, then it's water under the bridge now and you need to deal with the fallout, if any.

[Hasansas1 0]

If your H1 petition was approved then "revoked," what did that do to your H1 status?

If you've already submitted a No in the form, then it's water under the bridge now and you need to deal with the fallout, if any.

it revokes my status.

However the question in DS-160 form is , "Has your US visa ever been cancelled or revoked? "

To my understanding, H1 status with an approved petition is not the same thing as H1 visa that is supposed to be stamped on your passport at a consulate.

And I might be completely wrong, I am just sharing what I find confusing.

[Mounat 74]

it revokes my status.

However the question in DS-160 form is , "Has your US visa ever been cancelled or revoked? "

To my understanding, H1 status with an approved petition is not the same thing as H1 visa that is supposed to be stamped on your passport at a consulate.

And I might be completely wrong, I am just sharing what I find confusing.

I understand your confusion and hopefully you'll get a chance to explain of it raises a concern. Since you've already submitted the form, we're just having an academic discussion right now.

You'll have to wait and see what happens after your form is reviewed. And please report back.

Good luck.

[Hasansas1 0]

I understand your confusion and hopefully you'll get a chance to explain of it raises a concern. Since you've already submitted the form, we're just having an academic discussion right now.

You'll have to wait and see what happens after your form is reviewed. And please report back.

Good luck.

Mounat, I submitted this form 2 years ago and got my F-1 visa approved when I wrote "NO"

Now I was filling the form again for H-1 stamping, and this question came and has made me confused

[Mounat 74]

Mounat, I submitted this form 2 years ago and got my F-1 visa approved when I wrote "NO"

Now I was filling the form again for H-1 stamping, and this question came and has made me confused

Simply put, if you answer yes when you should have answered no it would be far less harmful than answering no when you were expected to declare yes.

Call USCIS to be sure but I would say yes.

[Boiler 45,499]

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