H1B Revoked


sms1978

Recommended Posts

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. - COS was not filed by ABC employer.
3. Further, When I resigned ABC company in October 2016, They "Revoked" the H1B petition which was "Approved", and below are details - 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..

Thanks

Link to comment
8 hours ago, pontevecchio said:

This was the reason why . The rules have changed. You will have to get another cap subject petition approved to start work.

Where is this written? can you please point me to some reference to read about this? Some attorneys when consulted say it works for some people and its doesn't for others? its a GRAY area it seems and it depends on the mood of the "Case officer" it seems...Can we try with some other employer same petition? pls suggest or murthy lawyers will be able to help me on this case? can anyone from murthy lawyers pls answer me?

Thanks

 

Link to comment

Archived

This topic is now archived and is closed to further replies.