H-1B Cap Case Approved for Change of Status, Despite Previous H-1B Revocation


Client filed an H-1B for their employee under the Master’s cap. USCIS approved the H-1B, but after having filed a renewal, USCIS determined that the school where the employee graduated from was not accredited. Therefore, USCIS issued a Notice of Intent to Revoke. Meanwhile, the employer filed a new cap subject H-1B, and was selected in the random lottery. Attorney Furqan Azhar filed an H-1B extension using SOC code 15-1199 and an Oct. 1 start date, before USCIS could revoke the previous H-1B. USCIS approved the H-1B with an I-797A, allowing the employee to stay in the U.S. in H-1B status, with a new bachelor’s cap subject H-1B, despite the likely eventual revocation of the original H-1B.

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