reaffirmed petition after validity date

[neerajxp]

My I129 petition for non-immigrant worker was having validitiy period from 03/20/2011 to 03/29/2012. I appeared for consulate interview on 05-aug at hyderabad and got 221g yellow and petition was returned to US for possbile revocation.

My company appealed against the revocation and the petition got reaffirmed on May 23, 2012 ie around 2 months after the petition expiry date.

Now my company says that as USCIS has approved it after petition expiry date, so I cant go for stamping and will require fresh petition. Mine is a fresh stamping.

Please guide me on this whether I can appear for stamping ? Am I cap counted for any new petition?

[trivedi3377]

Hi,

Can you pls. tell me that how did you appealed against revocation? Can you pls. explain me the procedure?

Reason I am asking because I am in same situation but currently US embassy sent case back to USCIS for possible

revocation and USCIS did NOT receive the case yet. Is there a way to excellurate the procedure? that's why

I am asking that how did you appealed against revocation?

Thanks,

Montu3377

[221g_hyd]

Hi neerajxp,

I have attended my Visa interview on Mar19 2012 where they gave me a white slip saying additional processing required. On Jun24 the embassy sent the case to USCIS for possible revocation, kept calling USCIS but have not got much information from them.

You said that your company appealed against the revocation , can you please tell me the process so that i can ask my employer/lawyer to do the same to get some info on the case.

[neerajxp]

Hi,

counsulate has returned your document for possible revocation to USCIS. Once your document are received to USCIS, they will issue either a Notice of Intent to Deny(NOID) or Notice of Intent to Revoke(NOIR) to the petitioner to respond.

they will specify timeframe to respond in that letter which is ideally 30-60 days. if USCIS recives the response in timely manner for their notice, they will reviews the case in the light of fresh evidences and based on that either reaffirmes the case or petition is officially denied.

if the petition is reaffirmed, then USCIS sends the petition to original consulate for issuing visa. the beneficiary need to reappear for the consulate interview and it may again get either successful or it may again go for revocation. this entire process is lenghty and may take 4 to 8 months or more.

please note that in my case it was reaffimed, but after the petition validatiy date. if it gets reaffirmed after petition validity then its null and void. you need to file fresh petition.

[neerajxp]

Dear Experts/murthyforum

please reply on my original query posted.

thanks