H1B Denied


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I was working with an organisation "ABC" in india from 2011 - Till Oct 2016. I had travelled to US on H4 on 6th Sep 2016 and resigned in Oct 2016

a. On 10th September 2016 - Got to know my H1B was filed by organisation X and "Case Was received"
b. On 18th September 2016 - H1B Petition was "Approved" with USCIS case status as "Case was Approved" - I resigned Organisation "ABC" on 24th OCT 2016 then
c .On 28rd November 2016 - Organisation "ABC" , The H1B Petition was "Revoked" with USCIS case status as "Revocation Notice Was Sent"  
d. On 3rd April 2017 - Employer named " XYZ" filed new I 129 for H1B transfer under premium processing using old "Approval Notice" but I got "NOID - Notice to Intent to Deny" status
e. On May 17th 2017 -  This "NOID - Notice to Intent to Deny" was replied by organisation  " XYZ" ,  but USCIS denied the I 129 saying I am NOT CAP EXEMPT

PS -
1. Approved H1B visa was never Stamped or Activated as I first entered US ONLY on spouse dependent i.e. H4 visa on 6th September 2016 and NOT on H1B visa at all.

Please suggest what should be my next steps, will murthy be able to help me in this case?



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So, you came to the US on H4 in Sep., but only resigned in October. That means you worked illegally.

And since you never worked on H1 for the original H1 employer, the H1 has not been counted in the quota, which means that you are indeed not cap-exempt.


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So, you came to the US on H4 in September and continued to work for ABC until October? It is illegal to work while on H4.

My previous post stands. You were not counted for the quota, that means you are not cap-exempt.



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  • 9 months later...

1. I entered US on H4(dependent of my spouse visa i.e. filed by X company) on 6th September 2016.
2. I also had my H1B petition filed by a ABC company, from Bangalore. The petition got "Approved" in September 18th 2016, by the time i was already in US on H4 visa on vacation/leave.
3. Further, I resigned ABC company in October 2016, And  they "Revoked" the H1B petition which was "Approved", and the case status details as - a. On 18th September 2016 - H1B Petition was "Approved"      b .On 23rd November 2016 - H1B Petition was "Revoked".
4. Next, I tried for H1B Cap Exempt with "XYZ" company using H1B petition in April 2017 under premium processing, but got RFE for Client letter and also questioning why I am "Cap Exempt" (Basically USCIS came back saying, they has reached numerical CAP and I am NOT CAP Exempt ).
5. Further, After replying to RFE, USCIS Denied the petition saying I am “Not Cap Exempt” as I need to go through lottery again, they accepted Client Letter/other docs, but USCIS said they are "Denying" due to Numerical CAP limit.

PS - The H1B visa was NOT Stamped for the petition that was "Approved". I  meant to say I didn't work even a day also on this H1B approved petition .

Do I have any hope, as I have personally spent money to  Attorney to get my case clarified earlier...but want to know if this can be worked? pls help.. God bless..


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