if my old employer will file a new H1B for me, what are the chances of getting a visa?


R1212

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Hello,

I had approved H1b from Oct 2010 to 2013 from Company-A. I came to India and went for stamping and Consulate asked me to submit documents, which I submitted then they sent my case to USCIS and after a long wait I got a reply that they want to revoke my petition.

To overcome this Revoke notice, USCIS asked us to submit few more documents related to my Project. But this time My employer does not agree to submit the documents because my position and Project does not exist anymore.

I am currently looking for an employer who can sponsor me a new H1B. I have applied a lot but did not work out.

Question: What if my old employer (Company-A) will file a new H1B for me, what are the chances of getting a visa?

-- They will assign me on a new project, and will file new LCA.

Thanks in advance.

R1212.

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That may work if you can prove the project assignment at the next visa interview. It also depends on the reason for revocation. If it was just that the documentation was too weak, that can be overcome. If there was a hint that fraud may have been committed, it will be more difficult. You may want a qualified immigration attorney to review the notice of intent to revoke and revocation letters, if you can get access to them.

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