Can previous revoked non-immigrant petition affect IR-1 eligibility?

[EKT 117]

Not sure if anyone can answer this but here goes. My spouse beneficiary worked in the US three times in the mid to late 2000s, the first two times on H-2B visas and the third on a Q1. It was the same position for the same employer, although the Q1 also involved additional training and participating in a cultural exchange program. A few months after the Q-1 petition and visa had been approved and my husband started work in the US, his employer told him that the petition (which was for more than 100 workers, not just him) was undergoing administrative review. Later they were told that USCIS had recommended revoking the petition (based on a determination that the program didn't actually meet the requirements of a Q-1) and his employer was initiating an appeal. By that stage he had nearly finished his contract and was about to leave the US anyway, still within the period of the approved visa in his passport. We found out that the petition was eventually revoked several months after he left the country, although he never received any communication from USCIS regarding his visa which had long since expired. He has been back to the US under the Visa Waiver Program at least 10 times since then and never had an issues.

 

We were upfront about this in his DS-260 and also still had a copy of the approval notice for the petition and a photo of his visa, which we provided to NVC. Does anyone know if/how this might affect his IR-1 application and interview process? There's obviously nothing to hide as he did everything right and in accordance with the terms of the visa he was issued, but technically his Q-1 was revoked. Any insight would be appreciated!

[Timona 4,207]

No effect. 

Carry on.

[EKT 117]

20 minutes ago, Timona said:

No effect. 

Carry on.

Thanks. That's exactly what we hoped but can't help worrying about it in the back of my mind!

[pushbrk 12,901]

4 hours ago, Timona said:

No effect. 

Carry on.

I agree, but USCIS would not communicate about a visa.  USCIS doesn't issue visas.

[EKT 117]

1 hour ago, pushbrk said:

I agree, but USCIS would not communicate about a visa.  USCIS doesn't issue visas.

True. We found it strange that there was no notice from USCIS that the petition had been revoked, but I guess they just notify the petitioner when it's an employer petitioning for multiple workers. I'm not really sure how we ended up with a copy of the petition approval notice but it might have been sent to him to take to the visa interview. Interestingly, the two H-2Bs were stamped with "Cancelled without prejudice" when he left the country but there is nothing on Q-1.