Withdraw H1 Petition


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Hi All,

I appeared for H1b interview in Dec 2011. During interview VO did not ask too many questions and in the end he said your visa is rejected as you company is not eligible to file H1B.

After that I checked through VFS and I got the reply that I am not eligible for H1b and they will send back my petition to USCIS to revoke it.

Now today i got the letter from USCIS which says:

"You Have elected to withdraw your H1B petition" so we are not giving you H1B.

I got three different versions of rejecting visa, I never withdraw my H1B petition nor did my employer.

This is really absurd, Can someone suggest me what should I do now.

Can I go for stamping by carrying latest letter from US Embaasy and tell them that since I never withdraw my application so I came again for H1 interview.

Any advice.


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I understand your situation, there are really two problems here -

one is "withdraw my H1B petition" which you never withdrew of course, so why have they said that, you don't know....

Second, "you company is not eligible to file H1B" this is particularly very concerning, why have they said that, no one knows? Thats the reason, I said you need to get attorney involved. People may not know your company and if it's under some sort of investigation or not. Usually forums are a great supplement to what the attorney tells you as it helps you make a careful decision, but your case is a bit different if feel. Anyways, best of luck!

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