22G -> Denial -> Letter to Revoke

[santverma]

Hi,

I went to stamping at Hyderabad consulate on 10th of Feb. A short note on my background first. Came on blanket L1 from a reputed firm, then went to H1 from a small company and recently changed company by joining Direct vendor as my client does not hire H1B folks. 2 stampings were successful in past in Delhi and this was my third Stamping. Been 4.5 years in USA Came to India for my engagement.

So, I've been asked many questions regarding my job, employer and work. Interview went on for 45 mins to an hour. I had all supporting documents including client letter and this is the reason I decided to make a visit to India rather than going to Canada to save time. Later he checks my I129, says my wage level is incorrect and says I need to revoke your Visa and hands over a 221G White slip. Later on March 13, I get an eMail that my Visa has been refused and sent to USCIS for revokation.

Now, I am wondering how long it will take for USCIS to respond back. Also, legally what are my options as I work for a direct implementation partner for my client and no third party. Is it an end of story for me? Also, my PERM has been approved back in USA.

Anyone here, went through a similar experience where USCIS reaffirmed the Visa and was able to stamp successfully again?

Thanks,

Santosh Verma.

[hmaster]

You are not the only one - there are several cases like yours. It should take anywhere from 8 months to a year or more for them to respond to your employer. Your perm will remain as is, unless you opt for CP instead of I485 and go for an GC interview after your PD gets current.

I would say it's kind of end of the road as far as this opportunity is concerned unless you want to wait for more than a year and then try again (stamping), that too if they reaffirm your petition eventually.

Potential Solution: While you wait for your petition to clear - ask your client to file directly or at least try to get another vendor to sponsor you or just find some other direct opportunity and go for re-stamping. Best of luck!

[Attorney_10]

Generally, within a few months of receiving the petition from the Department of State for review, USCIS will either reaffirm the petiton or issue a Notice of Intent to Revoke the petition. The employer may wait for the reaffirmation or NOIR or may elect to file another H1B petition on behalf of the beneficiary. Once the new petition is approved the beneficiary may apply for a new H1B visa at a U.S. consulate abroad. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts relating to your case and the different options available to you.