H1B petition going to be revoked, H1B Transfer is possible ? Is it Cap Excempt?

[amitinch1]

Hi,

 

I am new to this forum so please bare me if I would have posted at wrong place. I am from Bangalore,India.

 

Here is my situation :

 

I got approved H1B petition in July-13, with validity till September-2016.

 

I went for Stamping in August-13, where Chennai Consulate has given Blue Slip - 221 G and informed that petition being returned to USCIS for review and possible revocation. Consulate also took the original petition.

 

On September,2014, my employer received NOIR, with some problem with employment.

 

Now employer is not appealing and informed me that they are going to revoke it.

 

Now, I want to understand below :

 

Is it possible to do H1B transfer ?

 

Am I Cap Exempt ?

 

How does this Revocation impact me in future for H1B transfer and stamping.

 

Waiting for experts opinion, this will help me ....

 

Thanks a lot in advance....

 

- Amit

[itsmeusa]

1. You are cap exempt if you satisfy 2 criteria - H1b petition is approved + H1b visa was granted OR COS was approved.

2. If you satisfy the above criteria, revocation would not matter as new H1b employer could always file cap exempt H1 petition for you.

[amitinch1]

1. You are cap exempt if you satisfy 2 criteria - H1b petition is approved + H1b visa was granted OR COS was approved.

2. If you satisfy the above criteria, revocation would not matter as new H1b employer could always file cap exempt H1 petition for you.

 

Hi,

 

As I mentioned I was having Valid approved petition and in Visa interview, I have been given 221g and then NOIR followed by revocation. 

 

What do you mean by H1B visa granted, is it Stamping on passport ?

 

So you mean, in my case I am not eligible for H1 transfer with cap exempt and this NOIR will affect me in future.

[itsmeusa]

Yes, H1b visa granted means H1b visa stamped on passport. 

[itsmeusa]

Also, please read this article on murthy.com

3rd bullet point under Requirements - it has the same wording as I already responded to you. 

 

http://www.murthy.com/worker/h1b-visa-status/

[Bajarang16]

Hi Amit,

 

Could you please let me know your findings on this.I am alos in same situation.I haead mixed thoughts ont hings like few peopple say possible few not?I was so confused.Only difference for both of us still I have not recived decison from USCIS its still under review.I have not yet received NOIR or NOID

 

Thanks,

Bajarang

[amitinch1]

Hi Bajarang,

 

Sorry for late reply...

 

I have not still got clear idea and in confusion only. Few consultant say yes possible and some say no.

 

Currently my status say "Revocation Notice Sent".  Is there any update from your end then please let me know.