Cap exempt processing of a revoked petition

[shwethab]

Hi,

 

I had my H1B approved in 2012. When i went for stamping the consulate issued a 221G and asked for additional docs which we submitted. Later they called me for a reinterview which was more like a counselling and the team there suggested that they are not confident with the company and they revoked the petition. Recently i got to know that this will be still valid.

Lately, when i spoke to that employer, he said that they have got some query and they answered it. He also mentioned that he is waiting for some document, post receiving it , they will reprocess the petition.

 

Can they reprocess the application?

Since its already revoked through that employer, what are the chances of getting a visa when they reprocess? should i again attend an interview?

Can this revoked petition be filed under cap exempt, through a new employer? This is what i mainly wanted to know, so that i can check with my current employer.

 

Thanks

Shwetha

[jairichi]

There is no reprocessing. Employer has to file a cap exempt H1B petition with additional documents to support petition.

[shwethab]

Ok. Thanks for the reply.

This means it is eligible to be processed as a cap exempt from my current employer right?

[jairichi]

Ok. Thanks for the reply.

This means it is eligible to be processed as a cap exempt from my current employer right?

Yes, that is correct.

[shwethab]

In USCIS site, my status is shown as 'post decision activity' with details as below:

On October 18, 2013, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you.

 

this can still be processed as a cap-exempt ?

i  need to checkw ith my current company on this, if this is eligible.

 

Thanks for your advice

[jairichi]

In USCIS site, my status is shown as 'post decision activity' with details as below:

On October 18, 2013, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you.

 

this can still be processed as a cap-exempt ?

i  need to checkw ith my current company on this, if this is eligible.

 

Thanks for your advice

Since you are counted against cap but had issue at the time of interview your future H1B petition is cap exempt. Check with an attorney.