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Ramu Vanga

H1B Revoked/Denied and Cap Exemption

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Hi, I had H1b through Company A, i went to USA though Company A in Mar2014 and that petition is valid till Jan 2019.

Meanwhile in Mar2016 i resigned my job in Company A and i transferred my H1 to Company B in Mar2016. So, company A was revoked my H1 since i resigned in Company A in the month of Apr2016.

But after five months(Aug2016) my H1b petition was revoked because of some fraud happened in Company B. When i know this information from the Employer(Company B) i initiated my H1B transfer to Company C. But due to some RFEs my case was denied and H1 transfer was not happened from Company B to Company C and this H1 Transfer was denied in Dec2016. Immediately i came back to India in Dec2016.

 

So i am planning to do H1 transfer now because i am assuming my H1 will be under Cap Exemption. So can you please let me know whether my H1 will be under Cap Exemption or not so that i will find Job and start initiating the H1 transfer.

 

Thanks.

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If someone's cap-subject H1B is revoked for fraud then the person is subject to the cap again and may also have a fraud finding against them. If an H1B that was cap-exempt was revoked for fraud then the person should still be counted against the cap but he or she may be subject to a fraud finding and have to get a nonimmigrant waiver to qualify for an H1B visa stamp.

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If you are directly/indirectly associated with the fraud, you could have problems getting new petitions/visas approved.

Do you know why exactly your petition was denied? This could lead to better understanding of your situation.

If it was denied not due to any fraud reasons, reasonably you should be cap exempt.

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Hi Attorney_15 and cyberlord, 

Appreciate for your quick answers.

Do you know why exactly your petition was denied? This could lead to better understanding of your situation.:

Ans: This is because of client verification and Company B was not given response for the RFE  "Intended revoke the file". 

fyi, I am attaching the Denial copy(One page related to Cap) and highlighted the Company B name for security purpose.

Please check and let me know how can i go though further. 

 

Deinel Reason.JPG

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This denial notice clearly indicates the reason of your revocation. This notice also indicates that you are no longer cap-exempt. I feel any future applications could also be impacted as you are the beneficiary.

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On 2/24/2020 at 4:39 AM, cyberlord said:

This denial notice clearly indicates the reason of your revocation. This notice also indicates that you are no longer cap-exempt. I feel any future applications could also be impacted as you are the beneficiary.

does this will impact any other type of visa: like H4 visa?

 

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On 3/16/2020 at 11:41 AM, Arun maja said:

does this will impact any other type of visa: like H4 visa?

Possible.

 

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