H1b Granted After Application Was Revoked

Hi,

I have a peculiar situation, Any information is highly appreciated.

My Employer for L1- H1 COS in Apr 2008. It was selected in the lottery. But my employer revoked the petition in June 2008.

But he received a approval notice in Oct 2008. And he wants me to work for him.

1. Is my H1 still valid or will ti be revoked in future?

2. will the last action rule apply here and my h1 remain valid?

3. what are the other options if i need to start working for my employer.

Any reply is highly appreciated.

Thanks

1. I would expect it to be revoked in the future. I expect that the USCIS processed the H1B application in advance of processing the revocation.

2. You said that this was a change of status, so I would expect the last action rule to apply to take you out of L1 status, but as previously discussed I expect that your H1 will be revoked per your employer's petition for revocation. If my inferences are correct, your H1 would "remain good" only until the revocation is processed.

3. For reasons previously discussed, your options appear quite limited, so I suggest consulting an immigration lawyer. The revocation will not restore you to L1 status, and you appear to be presently working for your L1 employer without valid authorization.