H1B Transfer for an approved and revoked petition

[Shilparawat]

Greetings Murthians! I am here again seeking some guidance. Hope people are generous here and can help me out with my query. 

 

So I worked for an org ABC in India for 4 years. My H1B petition was filed in 2013. It got approved and I was happy. I also have the I797B scanned document for the same having validity till sept 2016. The problem started when the org did not get my case stamped. I was made to wait un-necessarily with the organisation with a hope of getting it stamped once day. Alas it never happened. I left ABC and went on to join another firm. ABC revoked my approved petition and this is what the USCIS website tells me when I view my case.

 

"On January 20, 2014, we revoked the approval of your case, Receipt Number EXXYYYYYYYYYY, and mailed you a revocation notice. It explains the reasons for our action. Please follow the instructions in the notice and submit any requested materials."

 

Now I work with PQR org back in India. My question are as follows:

 

1) Am I CAP exempt.

2) Do I fall into RFE (wondering due to the USCIS website message ...submit any requested materials..)

3) Most importantly, since I joined PQR very recently and assuming if my case is a good transfer case, what technical reasons can I cite to the management team here.

For eg:

1) If my case is an advantage case as compared to a fresh applicant

 

[jairichi]

1. Yes, you are.

2. No.

3. They can file a cap exempt H1B petition anytime and on approval you can immediately enter US with a valid H1B visa and I797.

[pontevecchio]

1. Yes

2. NA to you.

3. Your remit. One cannot help with that. Does PQR have a presence here?

 

Your plus point is that your H1 petition would be not cap subject.

[rahul412]

 

1) Am I CAP exempt.

2) Do I fall into RFE (wondering due to the USCIS website message ...submit any requested materials..)

3) Most importantly, since I joined PQR very recently and assuming if my case is a good transfer case, what technical reasons can I cite to the management team here.

For eg:

1) If my case is an advantage case as compared to a fresh applicant

1. Yes

2. No

3. Filing your H1 is your employer's wish, if he has an requirement in US then he will if not he won't.

[Shilparawat]

Thanx everyone!

 

Thanx Jairichi :-) you never disappoint :)

 

Assuming if I am Cap Exempt, Do I stand at an advantage as compared to fresh and first time applicants. In terms of Petition cost and visa filing would PQR need to spend more on me or a fresh case. Reason for asking this is to present my case to PQR leadership team to pursue my Visa filing. 

[wiweq]

Once H1b is approved, you are cap exempted for 6 years of H1b stay in USA. Visa stamping is irrelevant to cap exemption. You are cap exempted. 

[Markhor]

 My spouse I 140 has been approved in last week of Jan 15 but at the same time H-1B has also has been revoked in first week of Feb.15. Since i am on h 4 therefore I applied F 1 change of status with my spouse and children before the revocation and before approval of I 140. Can we file I-485 now as my Pd is current. Revocation case is updated on net but yet detailed notice not received therefore reason are not known.. what are my options please help me..

[pontevecchio]

@markhor

 

1. Is it EB1?

2. Was a concurrent application for AOS filed for the primary and the family?

[jairichi]

 

Thanx everyone!

 

Thanx Jairichi :-) you never disappoint :)

 

Assuming if I am Cap Exempt, Do I stand at an advantage as compared to fresh and first time applicants. In terms of Petition cost and visa filing would PQR need to spend more on me or a fresh case. Reason for asking this is to present my case to PQR leadership team to pursue my Visa filing. 

 

The advantage you have is being cap exempt i.e. an employer can file a H1B petition anytime and you can start working immediately. H1B filing fee is the same whether cap subject or cap exempt.

[jairichi]

 My spouse I 140 has been approved in last week of Jan 15 but at the same time H-1B has also has been revoked in first week of Feb.15. Since i am on h 4 therefore I applied F 1 change of status with my spouse and children before the revocation and before approval of I 140. Can we file I-485 now as my Pd is current. Revocation case is updated on net but yet detailed notice not received therefore reason are not known.. what are my options please help me..

Reason for H1B revocation?