H1B Petition withdrawn at us consulate-HYD


way2h1

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Hi,

 

My h1b petition was withdrawn at Hyd US Consulate this month.Following were the reasons for which the VO asked me to withdraw....

 

1.Client doesnt have a website.

2.Haven't found the client address any where in the internet for both Hyd and US Team.
3.No information of the client company in website...only has info about project in the website.

4.Employer trying to dump me in US and later search a job for me.
5.There is no job for me at clients place.
6.I paid money for my petition.

7.Company not genuine.

 

Based on the above conclutions VO gave me 2 options:

A.Continue with the case and if it dosent work out ...no chances of getting any sort of US Visa in future AND

B.Withdraw H1B petition.....which will not have any effect on any sort of US visa in the future.

 

So choosed 2nd option.

 

Indeed i tried a lot to convience by explaining them in all possible ways but they were not in a position to understand what i said,the discussion lasted for more than one hour.Produced all necessary documents including photos of client and employer.

 

Now my questions....

 

1.why does they force candidates to withdraw h1 petition at consulate though i said them to issue 221g...so as to produce the requested documents form my employer in support to my explanation and the documents that i have presented.

 

2.What are the consequences if i revoke back my petition...would it fetch any thing positive towards me ...if i produce additional documents pertaining to their above 7 conclutions the VO came up with...

 

3.If still they are not satisfed would they reject my visa, which might create issue to me in getting any sort of visa in future as mentioned by VO in point A above...what are the chances of they asking me again to withdraw my petition...

 

4.Would i be eligible for cap exempt ? If so can i look for a new employer and file a new petition immediately or should i wait till next year.

 

Appreciate responses from attorneys and experienced guys who faced similar situations.

 

Regards,

 

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VO had genuine reasons to have doubts about your employment.

 

1. You were given options and not forced to choose 2nd option.

2. Case is closed. Or you need to approach with a new visa interview. It is not going to help as it will be there in their records.

3. Only if fraud is involved you might be banned from entry to US with any other visa.

4. You might be eligible. Talk to a good attorney.

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1.Client doesnt have a website.

2.Haven't found the client address any where in the internet for both Hyd and US Team.

3.No information of the client company in website...only has info about project in the website.

4.Employer trying to dump me in US and later search a job for me.
5.There is no job for me at clients place.
6.I paid money for my petition.

7.Company not genuine.

Before jumping to any conclusion, are the above points true in your case?? At least one??

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Rahul412-Thanks for your response...for better understanding let me illustrate with an example..

 

AAA is client BBB is AAA's product....AAA dosent have website but has website for their product BBB in which the name of the company is given.The website rights are of AAA.Its their own product developed and managed by them.Those who purchase the product they have to agree for the terms and conditions,in which its clearly depicted AAA name and its address(1,2 and 3 points coverd)....... the remaining conclusions 4,5 and 6 are false, i have 12 yrs of experience and working for an MNC they interviewed me and released the offer which depicts that i havent paid any single penny nor that i dont have job at client....the final Point 7: because of the points 1-6 they concluded that employer is not genuine.I emailed US consulate asking them for the procedure to revoke back my withdrawal they responded saying i got to provide :

 

1. Passport number.
2. UID number of your profile.
3. USCIS receipt number.

 

Can you please suggest should i revoke or just keep it withdrawn.

As well would appreciate if you let  me know would i come under cap exempt..if so i have already spoken to a company and they are as well gathering info from their attorney.

 

Regards,

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VO had genuine reasons to have doubts about your employment.

 

1. You were given options and not forced to choose 2nd option.

2. Case is closed. Or you need to approach with a new visa interview. It is not going to help as it will be there in their records.

3. Only if fraud is involved you might be banned from entry to US with any other visa.

4. You might be eligible. Talk to a good attorney.

Jairichi- Thanks for your response.

Yes as said in your 1st point they gave me options but they were highlighting the 1st point which made me scared and so opted 2nd point.

 

If i am eligible for cap exempt can i file a transfer petition imediately or should i wait till 2015.

 

Regards,

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Jairichi- Thanks for your response.

Yes as said in your 1st point they gave me options but they were highlighting the 1st point which made me scared and so opted 2nd point.

 

If i am eligible for cap exempt can i file a transfer petition imediately or should i wait till 2015.

 

Regards,

I agree, at that moment most will take the option you took. As Rahul412 suggested talk to a good immigration attorney.

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