E-Paper
H-1B visa revoked despite no ‘serious’ violation of laws: Here's what went wrong
An H-1B visa was revoked due to non-payment of a $600 traffic fine, not serious legal issues.
A social media post discussing a case of H-1B visa revocation has been shared across NRI channels. The revocation was not attributed to any "serious" legal breach, but rather to the non-payment of a $600 traffic fine by the deadline.
The post on LinkedIn advised NRIs living in the US on H-1B visas to consider traffic violations seriously, as they can lead to visa revocation. It mentioned that the person was cognizant of the traffic violation and appeared at his first court hearing when the judge levied the $600 fine.
“Unfortunately, he later moved to a new apartment, missed the notice, and failed to pay by the deadline. The case information was shared with the DHS, and his visa was eventually revoked. He said he deeply regrets not paying the $600 fine on time,” the post read.
Social media users expressed that the man was entirely to blame, as he attended court and was aware of the fine, yet he simply 'forgot' to pay it. Many commenters pointed out that his visa ought to have been revoked, considering that a $600 traffic fine is substantial and may show a history of multiple traffic violations.
H-1B revoked: What does it mean?
An H-1B revocation occurs when your employer decides or is compelled to retract your H-1B petition. This situation can arise either prior to your receipt of the H-1B visa or while you are already in H-1B status.
Typically, an employer may opt to discontinue the immigration process before it is completed and withdraw the petition, or the employer may go out of business, necessitating the withdrawal. Additionally, if you are terminated or laid off, your petition will be rescinded. Given the potential serious implications, including the risk of being deemed out of status, it is crucial to understand the process of H-1B revocation.
How long are you permitted to remain in the U.S. if your visa is revoked?
There is a 60-day grace period that allows you to stay in the U.S. following the termination of your employment.
What occurs if an H-1B visa is revoked?
According to the final rule published in the Federal Register, H-1B employees whose visas have been revoked or who have been laid off are granted a 60-day grace period. You must take action to resolve your situation before the conclusion of this period. If you do not hold a valid U.S. visa by the end of these 60 days, you will be deemed "out of status."
It is crucial to consult with your immigration attorney promptly after an H-1B layoff or revocation to identify the most appropriate course of action for your circumstances.
