H1B revocation

[aKiran09]

I have got approved i797 on mid of 2017 for the 2016 year h1b cap. I went for interview end of 2017. They put my H1b in client review pending status.

Now they send "intent to revoke notice was sent " to petitioner. My petitioner saying that they are asking end client letter and hiring details now.

My petitioner saying it  is not possible now to get letters from client as it is two years delay. 

1.  Can we apply for another employer with same h1b case even if it revoked?

2. Or we need to apply fresh H1b  or we can use cap exemption?

 

[gc485process]

On 11/16/2018 at 12:19 AM, aKiran09 said:

I have got approved i797 on mid of 2017 for the 2016 year h1b cap. I went for interview end of 2017. They put my H1b in client review pending status.

Now they send "intent to revoke notice was sent " to petitioner. My petitioner saying that they are asking end client letter and hiring details now.

My petitioner saying it  is not possible now to get letters from client as it is two years delay. 

1.  Can we apply for another employer with same h1b case even if it revoked?

2. Or we need to apply fresh H1b  or we can use cap exemption?

 

sorry to hear. But it looks like they want to get the client letter details. so something after 1 year . In the event it is revoked only option is file a new h1b . I think you can still get a new h1b under the old quota just that u need a new employer who can file one unless the current employer can show that the position still exists and can provide details. if you are out of US for more than 365 days you can apply for a new H1b under the 2019 quota but that would mean a new different process and yes you need to again be picked up in the random lottery.

[superdude123]

I was in similar situation 4 years back. My new H1B visa stamp was refused at the consulate and petition was revoked by USCIS after it was sent back. But my current employer used the same petition to file cap-exempt status and was approved without any issue. Till now with two different clients and in both the times, I had gone to Chennai consulate stamping without any issue.

Your H1B will fall under the cap-exempt quota as per my example. But different attorneys will interpret in different ways.