km.zaveri Posted February 13, 2015 Report Share Posted February 13, 2015 Hi All, I have query regarding H1b cap-exempt filing. One of the previous employers in India (who had parent company in U.S.) has filed H1b petition in April, 2007. My case was selected in lottery and petition got approved, however, my visa stamping was pending and I left the employer in March, 2008. I have never been to U.S. till now and presently working in India only. The petition was valid from 1st October, 2007 to 13th August, 2010. Later the employer had revoked this petition in February, 2009. I found another employer who had filed H1b Petition as Cap-Exempt using above petition in Premium Processing on 30th January, 2015. On 10th February, 2015, case was put into RFE. The RFE talks that since earlier h1b petition has been revoked in February, 2009, this case is not eligible for transfer. Please note that this is RFE not the decision and my employer/attorney is going to respond to that next week. I have been following this group and have got many replies and suggestion that even if the petition is revoked after 1st October of filing year (of-course once it got approved), it will not have impact on current h1 filing transfer as cap-exempt. I want to know how can this be possible. I would like to know your suggestions and views in regard to responding to this situation. Thanks, -K M Link to comment
km.zaveri Posted February 14, 2015 Author Report Share Posted February 14, 2015 Can somebody please reply who is aware of this situation ? Jairichi and other advanced members can you please comment on this ? Thanks, -Karnav. Link to comment
jairichi Posted February 14, 2015 Report Share Posted February 14, 2015 Yes, I am surprised about the RFE from USCIS too. In my opinion it should not be an issue. Talk to an attorney from Murthy law firm. Link to comment
km.zaveri Posted February 15, 2015 Author Report Share Posted February 15, 2015 Thanks Jairichi. Do you mean to say that this RFE should get cleared on positive note ? We have taken consultation from Murthy Law Firm before filing this transfer. Thanks, -Karnav. Link to comment
pontevecchio Posted February 16, 2015 Report Share Posted February 16, 2015 If you were ever in legal H1 status in the USA, you are entitled to the remainder option of the remainder of your 6 years in H1 status. The problem with small companies is that the paperwork is often deficient . In such cases PP is the way to go. Link to comment
km.zaveri Posted February 17, 2015 Author Report Share Posted February 17, 2015 HI, I have not been to U.S. in my lifetime so. I had just h1b approved petition which was supposed to be expired on 13th August, 2010 which was revoked by my earlier employer after almost 1.5 years of its start date. I had even never went to stamping on this petition. Now I had filed H1b transfer as Cap-Exempt on this petition. Do you think this case does not fall into transfer category ? Thanks, -K M Link to comment
ranadhirreddyvp Posted February 21, 2015 Report Share Posted February 21, 2015 K M, What happened with your case ? I have similar problem, curious to know Thanks Ranadhir Link to comment
km.zaveri Posted February 23, 2015 Author Report Share Posted February 23, 2015 HI, My employer is about to submit response to RFE last week or mid of this week. I am waiting for the result. Thanks, -K M Link to comment
ranadhirreddyvp Posted March 11, 2015 Report Share Posted March 11, 2015 Hi KM, Any update on your case? Thanks, Ranadhir Link to comment
km.zaveri Posted March 11, 2015 Author Report Share Posted March 11, 2015 My case is denied. I would suggest do not go with Murthy Lawyer suggestions. -K M. Link to comment
rahul412 Posted March 11, 2015 Report Share Posted March 11, 2015 My case is denied. I would suggest do not go with Murthy Lawyer suggestions. -K M. what's the reason for rejection?? Link to comment
jairichi Posted March 11, 2015 Report Share Posted March 11, 2015 My case is denied. I would suggest do not go with Murthy Lawyer suggestions. -K M. Could you please elaborate your case and the reason mentioned in denial letter. It will help others. Thanks. Link to comment
km.zaveri Posted March 18, 2015 Author Report Share Posted March 18, 2015 They do not consider this case as valid transfer case as previous petition was revoked by original employer. They had revoked it after 1.5 years of approval. Surprisingly on this forums and even consulting Murthy Lawerys, I had not got any negative views on my case, still it has got rejected. Thanks, - K M Link to comment
jairichi Posted March 18, 2015 Report Share Posted March 18, 2015 They do not consider this case as valid transfer case as previous petition was revoked by original employer. They had revoked it after 1.5 years of approval. Surprisingly on this forums and even consulting Murthy Lawerys, I had not got any negative views on my case, still it has got rejected. Thanks, - K M Thanks for the reply. There are two possibilities. (1) Since you never used that approved H1B petition and it was revoked by employer probably the current interpretation of USCIS is that you were never subject to cap as you never got a H1B visa stamped and traveled with that approved petition. (2) It might be an error from the part of USCIS to deny a cap exempt H1B petition. Did your employer/attorney file a MTR? Link to comment
km.zaveri Posted March 19, 2015 Author Report Share Posted March 19, 2015 My Employer is not planning to file MTR, rather they would be filing in lottery in April, 2015. Regarding the possibilities stated by you, I had questioned the same to this forums as well as Murthy lawer, but they all suggested to go for transfer as it is a valid case. Even before denial, USCIS had given RFE regarding the transfer which was responded properly explaining them why it is a valid transfer case. Even my employer had done 2-3 cases exactly same like me with Callifornia Center, where my application was filed and they were successful. I am not sure why they had denied in my case. -K M Link to comment
ranadhirreddyvp Posted March 19, 2015 Report Share Posted March 19, 2015 Thanks for sharing the information KM, really appreciate it. Link to comment
km.zaveri Posted April 16, 2015 Author Report Share Posted April 16, 2015 Hi Jairichi and All, I found another employer who is ready to file cap-exempt H1 on the basis of my earlier petition. (For the quota of April, 2007). As described earlier, in the February, 2015, my another H1 Cap-Exempt application is denied on the basis of original petition. Do you think Cap-Exempt h1 can be approved ? Is it fine to go this way ? -K M Link to comment
LuckyLoser Posted March 1, 2017 Report Share Posted March 1, 2017 Is there any update on your second filing . Is the case was not revoked , will the petition be exempt from cap Link to comment
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