Petetion returned to USCIS. Comes under CAP exempt?

[IAMKISHORE]

Hi,

I applied H1B in last year and got approval for 1 year (1-OCT-2012 to 30-Sep-2013). I attended VISA in Hyderabad in Sep 2012 and got 221g (My I797 was taken by VISA officer). Later in Jan I submitted documents but got rejection letter saying "Petition returned to USCIS" as my petitioner didn't provided the proper documents [project is different from LCA company project].

Now, my petitioner is saying that even my Petition returned to USCIS, I can use my I797 copy and apply through another company within 6 years and saying it is under CAP exemption. He is saying I don't need to apply for April quota again.

Is this true?

Thanks,

V

[wiweq]

Yes, because you have approved H1b, you can cap exempted for 6 years.

[rahul412]

Now, my petitioner is saying that even my Petition returned to USCIS, I can use my I797 copy and apply through another company within 6 years and saying it is under CAP exemption. He is saying I don't need to apply for April quota again.

Is this true?

Once the petition is approved then you are cap-exempted for next petition.

But this time make sure, you file will real employer.

[IAMKISHORE]

Thank you. So, I can find a new employer and file any day within 5 years from now. Right?

[Attorney_25]

If the petition is revoked by USCIS for fraud, the number will be "returned to the cap" and thus you would not be considered counted against the cap. That doesn't appear to have happened (yet) in your case. You may want to encourage your employer to respond when they receive the notice of intent to revoke, to make sure it is not revoked for fraud.

You may want to discuss this further with a qualified immigration attorney.

[rahul412]

Thank you. So, I can find a new employer and file any day within 5 years from now. Right?

just do what attorney_25 said.