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amitinch1

Am I Cap Exempt or not. Employer has withdrawn H1B petition after receiving NOIR.

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Hi Experts, 

I am from India & I need help. My case details- 

1. I got approved H1B petition in July-13. 

2. I went for Stamping, I got 221 G and took the original petition. 

3. On September,2014, my employer received NOIR, with some problem with employment(In-house project, small office). 

4. Now employer is revoking the petition. As he says chances are less for appealing and getting approval. 

5. Also employer says that I am cap exempt, as “we have withdrawn petition to be safe side rather than USCIS revoking it.” 

Now I need to understand whether I am cap exempt or not ? What is actual difference between Employer Withdrawing Petition(which also cause revocation only) and USCIS revoking it ? How does it impact an individual ? This was the first time H1B and never been to US.

 

Amit

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Hi Experts, 

I am from India & I need help. My case details- 

1. I got approved H1B petition in July-13. 

2. I went for Stamping, I got 221 G and took the original petition. 

3. On September,2014, my employer received NOIR, with some problem with employment(In-house project, small office). 

4. Now employer is revoking the petition. As he says chances are less for appealing and getting approval. 

5. Also employer says that I am cap exempt, as “we have withdrawn petition to be safe side rather than USCIS revoking it.” 

Now I need to understand whether I am cap exempt or not ? What is actual difference between Employer Withdrawing Petition(which also cause revocation only) and USCIS revoking it ? How does it impact an individual ? This was the first time H1B and never been to US.

 

Amit

You are cap Exempt.

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On 2/6/2015 at 9:34 AM, amitinch1 said:

Hi Experts, 

I am from India & I need help. My case details- 

1. I got approved H1B petition in July-13. 

2. I went for Stamping, I got 221 G and took the original petition. 

3. On September,2014, my employer received NOIR, with some problem with employment(In-house project, small office). 

4. Now employer is revoking the petition. As he says chances are less for appealing and getting approval. 

5. Also employer says that I am cap exempt, as “we have withdrawn petition to be safe side rather than USCIS revoking it.” 

Now I need to understand whether I am cap exempt or not ? What is actual difference between Employer Withdrawing Petition(which also cause revocation only) and USCIS revoking it ? How does it impact an individual ? This was the first time H1B and never been to US.

 

Amit

Amit, I'm in the same situation as you. My employer received NOIR last week for 2012 petition and planning on requesting withdrawal now. Can you please let me know what happened in your case?

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Hello,

I’ve been on H-1B with company A and I’ve moved to Company B and currently working with Company B. I have an approved H-1B petition from Company B, with a valid I-94 and I also got my visa stamped with Company B’s petition. There was a Notice Of Intent to Revoke issued on Company A’s petition much later after I’ve moved to company B. I’m assuming there was site visit to Company A, as I was not working at Company A and they didn’t withdraw my petition from USCIS this notice was sent. USCIS hasn’t denied or revoked my petition from Company A yet, it’s still in NOIR state since past 8 months as my employer is not willing to reply to NOIR and not willing to provide me details of why there was NOIR.


1. Would my current H1-B with Company B get impacted? As It was counted as CAP Except petition based on my previous approval?

Could you please let me know.

Thank you.

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