Cap Exempted Category

[Bajarang16]

Hi Jairichi,

 

 

My H1B petition went for USCIS review on March 10th from chennai consulate.Some other employer ready file H1 for me?Can my new employer use old petition I mean can he able to file petition under cap exempted category?

 

 

and also I would like to know which one good option like filing H1B with another employer or waiting for USCIS review outcome?

 

 

Thanks a lot in advance

 

Thanks,

Bajarang

[jairichi]

Hi Jairichi,

 

 

My H1B petition went for USCIS review on March 10th from chennai consulate.Some other employer ready file H1 for me?Can my new employer use old petition I mean can he able to file petition under cap exempted category?

 

 

and also I would like to know which one good option like filing H1B with another employer or waiting for USCIS review outcome?

 

 

Thanks a lot in advance

 

Thanks,

Bajarang

Avoid asking me specifically.

Any specific reason to be sent back to USCIS for review?

Yes, your new employer can file a cap exempt H1B petition. Only if we know the reason for review by USCIS we could suggest you something.

[Bajarang16]

Hi,

 

Thanks for your reply.

I have got refusal letter on March 10th 2014.in that they mentioned like this...

 

This office regrets to inform you that it is unable to issue a visa to you because you have been found ineligible for a visa under the following section(s) of the Immigration and Nationality Act(INA).

 

*Section 221(g)of the Act Prohibits the issuance of a Visa to anyone who has failed to present the documents required in connection with the visa application,or who has failed to submit sufficient credible evidence to support the claimed petitionable relationship.The following remarks apply in your case.

 

--Action in your case has been suspended under section 221(g) of the United satates Immigration and nationality Act(INA)Pending  further administrative processing.the petition is being returned to USCIS for review.Upon Completion of the review,review ,USCIS will contact your petitioner.

 

 

    Can you please let me know in this Can I ask my new employer to file my petion again under cap exempted category.or should I wait for USCIS decision.

 

If  suppose USCIS   revoke my petition can I file cap exempted or should I go through cap again.

 

Can you please let me know on this It will be great help for me?

 

Thanks,

Bajarang

[jairichi]

Hi,

 

Thanks for your reply.

I have got refusal letter on March 10th 2014.in that they mentioned like this...

 

This office regrets to inform you that it is unable to issue a visa to you because you have been found ineligible for a visa under the following section(s) of the Immigration and Nationality Act(INA).

 

*Section 221(g)of the Act Prohibits the issuance of a Visa to anyone who has failed to present the documents required in connection with the visa application,or who has failed to submit sufficient credible evidence to support the claimed petitionable relationship.The following remarks apply in your case.

 

--Action in your case has been suspended under section 221(g) of the United satates Immigration and nationality Act(INA)Pending  further administrative processing.the petition is being returned to USCIS for review.Upon Completion of the review,review ,USCIS will contact your petitioner.

 

 

    Can you please let me know in this Can I ask my new employer to file my petion again under cap exempted category.or should I wait for USCIS decision.

 

If  suppose USCIS   revoke my petition can I file cap exempted or should I go through cap again.

 

Can you please let me know on this It will be great help for me?

 

Thanks,

Bajarang

What additional documents were requested to support your visa application? Was it provided by you or your employer? Your employer would be contacted by USCIS. Hope employer answers.

Yes, a new employer can file a cap exempt H1B petition.

[s.arunsrinivas]

Hello Bajarang16,

 

I too received a refusal letter with the same content last week. Did you receive a rejection letter after this or is your application still pending review? 

 

Could you please help with clarifying the Qs - can another employer file a new H1B petition cap exempted? Can L1 or b1 be done in parallel? Will this rejection affect other application (H1 or L1) ??

 

Please help.

 

Thanks

Arun

[Bajarang16]

Hi Arun,

 

My application is pending still.I don't think this is a problem to any other visa.I gone to B1 interview and I have gone through it.

Sorry for late reply

 

 

Thanks,

Bajarang