Urgent: H1B petition was revoked, my employer filed H1B amendment and its approved. Am I eligible for stamping with new amended petition?


rpachenge

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Hi Team,

 

My H1B petition revoked due to for not filing H1B amendment by my employer. After the petition revoked, my employer filed for H1B amendment and its approved. In mean time, during H1B amendment processing, I have relocated to India and working from India office.

My question is,

can I go for stamping with H1B amended aproved petition?

Is it valid petition to take with for stamping ?

Will there be any scrutinity on revoked petition ?

Will there be any chances of denying the stamping?

 

Reply really appreciated.

 

Thank you

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Thank you Jairichi.

 

I have checked with my employer, amended petition is still in approved state.

 

During stamping, consulate for sure will ask the question why my petition got revoked.

Ans will be

" my client location changed but employer flied only LCA before changing to new client. But he missed to file H1B amendment." -- will this answer is sufficient. Please advice me for best answer.

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Thank you Jairichi.

I have checked with my employer, amended petition is still in approved state.

During stamping, consulate for sure will ask the question why my petition got revoked.

Ans will be

" my client location changed but employer flied only LCA before changing to new client. But he missed to file H1B amendment." -- will this answer is sufficient. Please advice me for best answer.

That is good. If that is the truth it is fine.
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Hi all,

Good day!

Below is friends complex situation.

1. Got my first h1 approval (I-797B, eac-aa) on aug 2012. Didnt have client letter so couldnt go for stamping.

2. When i got my client letter my employer filed ameded petition since it had location change also. Got my petition approved (I-797B, eac-bb)but RFE for stamping. Eventually due to delay my client took some one else on my position. When uscis verified with my client he refused and verification turned negative as a misrepresentation.

3. Then i got a new employer , new location and a new client so. My employer filled another amended petition requesting CONSULAR PROCESSING. but i got my approval with I-797A (eac-cc) instead of I-797b. Went for stamping and got my h1stamped for the first time.

I have the below queries,

1. Am i exempt to cap since i have both i-797b now revoked?

2. Can i work under i-797a and valid I-94 though my parent I-797B's are revoked?

3. Am I eligible to apply for a transfer to new employer? Or there is a very high chance that my transfer petition may be rejected due to no valid I-797b. ?

Please let us know your suggestion and comments.

Regards,

Santhosh.

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Hi all,

Good day!

Below is friends complex situation.

1. Got my first h1 approval (I-797B, eac-aa) on aug 2012. Didnt have client letter so couldnt go for stamping.

2. When i got my client letter my employer filed ameded petition since it had location change also. Got my petition approved (I-797B, eac-bb)but RFE for stamping. Eventually due to delay my client took some one else on my position. When uscis verified with my client he refused and verification turned negative as a misrepresentation.

3. Then i got a new employer , new location and a new client so. My employer filled another amended petition requesting CONSULAR PROCESSING. but i got my approval with I-797A (eac-cc) instead of I-797b. Went for stamping and got my h1stamped for the first time.

I have the below queries,

1. Am i exempt to cap since i have both i-797b now revoked?

2. Can i work under i-797a and valid I-94 though my parent I-797B's are revoked?

3. Am I eligible to apply for a transfer to new employer? Or there is a very high chance that my transfer petition may be rejected due to no valid I-797b. ?

Please let us know your suggestion and comments.

Regards,

Santhosh.

1. Yes.

2. Yes.

3. Yes, you can. Stay away from consultants.

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