H1B revoked by USCIS under fraud and for COS/Transfer petition received Intent to Deny saying not CAP Exempt

sriksy

By sriksy,
in H1B : General

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sriksy Newbie

sriksy

Posted
Posted

Looks for help/options to come out of this situation:

In FY 2014 H1B get filed by company called AA, get stamped and entered into USA in March, 2015. In Nov 09, 2016 H1B get revoked with finding of fraud. Reason for revoke : Company AA submitted fraud MSA and Statement of Work, while filing H1B petition in FY 2014 and that been identified by USCIS audit in 2016.

In August, 2016 get transferred/Change of Status to company called BB, now for transfer petition received Notice of Intent to Deny saying that:

++++++++++++ 

As Company AA’s petition, was subject to the numerical limitations for FY 2014, the revocation  with a finding of fraud abrogates the beneficiary's current H-1B nonimmigrant classification and removes the beneficiary's CAP Exemption based on this approval. As such, the petition currently under review, does not appear to qualify of CAP Exempt based on the revoked approval of Company AA’s under fraud.

You may submit any document to establish that your petition is not subject to the H-1B numerical limitations. Otherwise, your petition will be denied because USCUS has already reached the numerical limitations for FY 2016.

 ++++++++++++

 I would like discuss/know, do we have any options to consider under cap for this situation ?

 And I have 2008 H1B Approved petition, which is not utilized (just approved, not even been get visa stamping). And also having approved I-140 from AA. 

 Do we have any possibility, based on 2008 H1B petition or/and approved I140, can we request consider under cap ? 

 OR Do we have other options ?

Thanks for your time

ramu_vgr Newbie

ramu_vgr

Posted
Posted

Same situation here. Do we have any chance to get back Non Cap option again?

Because of my earlier company fraud my current H1 transfer denied and my H1 benefits taken back and cacelled Cap Excemption.

  • 1 year later...
NotAnAttorney Advanced Member

NotAnAttorney

Posted
Posted
On 11/29/2016 at 8:27 AM, sriksy said:

Looks for help/options to come out of this situation:

In FY 2014 H1B get filed by company called AA, get stamped and entered into USA in March, 2015. In Nov 09, 2016 H1B get revoked with finding of fraud. Reason for revoke : Company AA submitted fraud MSA and Statement of Work, while filing H1B petition in FY 2014 and that been identified by USCIS audit in 2016.

In August, 2016 get transferred/Change of Status to company called BB, now for transfer petition received Notice of Intent to Deny saying that:

++++++++++++ 

As Company AA’s petition, was subject to the numerical limitations for FY 2014, the revocation  with a finding of fraud abrogates the beneficiary's current H-1B nonimmigrant classification and removes the beneficiary's CAP Exemption based on this approval. As such, the petition currently under review, does not appear to qualify of CAP Exempt based on the revoked approval of Company AA’s under fraud.

You may submit any document to establish that your petition is not subject to the H-1B numerical limitations. Otherwise, your petition will be denied because USCUS has already reached the numerical limitations for FY 2016.

 ++++++++++++

 I would like discuss/know, do we have any options to consider under cap for this situation ?

 And I have 2008 H1B Approved petition, which is not utilized (just approved, not even been get visa stamping). And also having approved I-140 from AA. 

 Do we have any possibility, based on 2008 H1B petition or/and approved I140, can we request consider under cap ? 

 OR Do we have other options ?

Thanks for your time

Can you update on your case please?

What did you do after that?

The details will be very helpful

NotAnAttorney Advanced Member

NotAnAttorney

Posted
Posted
On 11/29/2016 at 9:16 PM, ramu_vgr said:

Same situation here. Do we have any chance to get back Non Cap option again?

Because of my earlier company fraud my current H1 transfer denied and my H1 benefits taken back and cacelled Cap Excemption.

Can you update on your case please?

What did you do after that?

The details will be very helpful

  • 1 month later...
sriksy Newbie

sriksy

Posted
  • Author
Posted
On 2/8/2018 at 6:04 PM, NotAnAttorney said:

Can you update on your case please?

What did you do after that?

The details will be very helpful

2008 Unused petition got re-initiated with that got approval for 3 years. 

NotAnAttorney Advanced Member

NotAnAttorney

Posted
Posted
On 4/5/2018 at 9:26 PM, sriksy said:

2008 Unused petition got re-initiated with that got approval for 3 years. 

Thank you so much for the inputs. It will be of great help if you could provide some more information about your original case. Details are highly appreciated and it might surely give me some clues on how to deal this situation.Was there 6 years gap b/w 2008's 2014's petition?

Were you in US before 2014? 

sriksy Newbie

sriksy

Posted
  • Author
Posted
On 4/7/2018 at 1:54 PM, NotAnAttorney said:

Thank you so much for the inputs. It will be of great help if you could provide some more information about your original case. Details are highly appreciated and it might surely give me some clues on how to deal this situation.Was there 6 years gap b/w 2008's 2014's petition?

Were you in US before 2014? 

Petition was filed in 2008 and not been traveled on it, meaning not utilized H1B. That 2008 petition been re-initiated in 20016 

NotAnAttorney Advanced Member

NotAnAttorney

Posted
Posted
On 4/11/2018 at 1:11 PM, sriksy said:

Petition was filed in 2008 and not been traveled on it, meaning not utilized H1B. That 2008 petition been re-initiated in 20016 

Thank you sir, I have sent you a message with more details, please check. Thanks in Advance.

  • 4 months later...

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