kritya192 Posted June 24, 2014 Report Share Posted June 24, 2014 Hi, I am holding an approval notice which got approved back in October 2012. This was raised in my previous company B. I didn't go for stamping and after few months left the company B. Company B revoked the approval notice. So i never travelled on that approval notice. As per the dates mentioned on it, it has NOT expired yet. Now, In my new company A. Can i use the previous petition number to get cap exempt. Or, USCIS will reject my application, reasoning that i never travelled on my earlier petition? Regards Link to comment
jairichi Posted June 24, 2014 Report Share Posted June 24, 2014 Yes, you new H1B petition with employer A will be considered as cap exempt. No issues. Link to comment
JoeF Posted June 24, 2014 Report Share Posted June 24, 2014 A new employer can file an H1 at any time without the cap. Not traveling is irrelevant, revocation of the old H1 is irrelevant. But, in which status are you now? If you are out of status, a new H1 would not be approved as COS. Link to comment
kritya192 Posted June 25, 2014 Author Report Share Posted June 25, 2014 Hi, I see the below test in uscis.gov, when i check My Case Status @ https://egov.uscis.gov/cris/Dashboard/CaseStatus.do On January 21, 2013, the previous decision made on your case was revoked and we mailed you a notice explaining the decision. If you have not received the notice within 14 days of the date above, please call customer service at 1-800-375-5283 for further assistance. If you move, please use our Change of Address online tool to update your case with your new address. I can only make ot of this is that my petition got revoked. That is it. How can i derive or find out that if i am "out of status"? Link to comment
jairichi Posted June 25, 2014 Report Share Posted June 25, 2014 Hi, I see the below test in uscis.gov, when i check My Case Status @ https://egov.uscis.gov/cris/Dashboard/CaseStatus.do On January 21, 2013, the previous decision made on your case was revoked and we mailed you a notice explaining the decision. If you have not received the notice within 14 days of the date above, please call customer service at 1-800-375-5283 for further assistance. If you move, please use our Change of Address online tool to update your case with your new address. I can only make ot of this is that my petition got revoked. That is it. How can i derive or find out that if i am "out of status"? Since you are not currently in US on H1B status you are not out of status. Link to comment
JoeF Posted June 25, 2014 Report Share Posted June 25, 2014 If you are not working, nor have filed a change of status to some other status, e.g., H4, you are out of status. Link to comment
kritya192 Posted June 26, 2014 Author Report Share Posted June 26, 2014 @jairichi & JoeF : The attorney team of company A has filed the new application @Vermont Service Center with cap exempt and i have the new petition number with me. But, they have mentioned that there is a risk that USCIS may reject my application as i did not travel on my previous petition; and it never got activated. Such decisions are majorly coming out of California Service Center. I just want to know the probability of getting approved. Attorney team says that they have got success in past in similar scenarios, but they are uncertain about the current situation. Link to comment
kritya192 Posted June 27, 2014 Author Report Share Posted June 27, 2014 Please help with a reply!! Link to comment
t75 Posted June 27, 2014 Report Share Posted June 27, 2014 If the attorneys don't know, why would you expect a forum to be more informed? Link to comment
jairichi Posted June 27, 2014 Report Share Posted June 27, 2014 @jairichi & JoeF : The attorney team of company A has filed the new application @Vermont Service Center with cap exempt and i have the new petition number with me. But, they have mentioned that there is a risk that USCIS may reject my application as i did not travel on my previous petition; and it never got activated. Such decisions are majorly coming out of California Service Center. I just want to know the probability of getting approved. Attorney team says that they have got success in past in similar scenarios, but they are uncertain about the current situation. Attorney has told you about the possible outcome and so I have nothing to add. Link to comment
kritya192 Posted June 28, 2014 Author Report Share Posted June 28, 2014 @t75: I thought there could be someone in the forum who went through the same situation. Attorneys are trying to play safe. Link to comment
JoeF Posted June 29, 2014 Report Share Posted June 29, 2014 @t75: I thought there could be someone in the forum who went through the same situation. Attorneys are trying to play safe. There is a risk. But Murthy lawyers have stated that they have been successful in such situations. Link to comment
kritya192 Posted July 7, 2014 Author Report Share Posted July 7, 2014 Hello All, My petition just got approved. Thanks All. So it is possible. :) Link to comment
jairichi Posted July 7, 2014 Report Share Posted July 7, 2014 Hello All, My petition just got approved. Thanks All. So it is possible. :) Good to know. Your update will be an example for others who are in a similar situation like yours. Link to comment
kritya192 Posted July 8, 2014 Author Report Share Posted July 8, 2014 Hey, My petition after getting approved and in POST DECISION ACTIVITY moved back to DECISION, but it is showing that the petition has been approved. But why did it move back. Should i be concerned? Link to comment
t75 Posted July 8, 2014 Report Share Posted July 8, 2014 What does the attorney say? For very case specific questions, a forum is not a reliable source of information. It is better to give no advice than wrong advice. Link to comment
kritya192 Posted July 12, 2014 Author Report Share Posted July 12, 2014 Hey, My petition after getting approved and in POST DECISION ACTIVITY moved back to DECISION, but it is showing that the petition has been approved. But why did it move back. Should i be concerned? Hi All, Finally the approval notice has arrived. Link to comment
jairichi Posted July 12, 2014 Report Share Posted July 12, 2014 Hi All, Finally the approval notice has arrived. Good to know that. Link to comment
skumar2010 Posted August 8, 2017 Report Share Posted August 8, 2017 Is this applicable now ? in Same situation I am Is there any possibility of activating revoked petition. Link to comment
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