!!Requesting URGENT help!! --Cap exempt transfer for NOIR case


aroraparamjeet

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Thanks a lot for reading my post .Please also reply if possible for you.

 

I need help to handle my H1B VISA situation:

 

--Approved and H1B stamped in August 2014 .

--Received Notification of Intent to Revoke (NOIR) on 3rd Jan 2015 from USCIS.

I am still in INDIA and was planning to travel this month.

--Current Employer not capable of taking care of NOIR or do not want to.

--Need help to understand my options of getting new paperwork and using the existing stamped VISA for travel with some other Employer.

 

Top question :

If the existing petition (against which I have stamped H1B VISA  )

gets revoked , can I still travel to US on a new Petition (under Cap exempt by different employer) but using the existing stamped VISA .

 

Desperately awaiting your reply .

 

Thanks a lot

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You cannot travel to US with new petition. Your petition need to get stamped prior to travelling.

 

Do you know why you got the intent to revoke notice?

 

Thanks a lot for reading my post .Please also reply if possible for you.
 
I need help to handle my H1B VISA situation:
 
--Approved and H1B stamped in August 2014 .
--Received Notification of Intent to Revoke (NOIR) on 3rd Jan 2015 from USCIS.
I am still in INDIA and was planning to travel this month.
--Current Employer not capable of taking care of NOIR or do not want to.
--Need help to understand my options of getting new paperwork and using the existing stamped VISA for travel with some other Employer.
 
Top question :
If the existing petition (against which I have stamped H1B VISA  )
gets revoked , can I still travel to US on a new Petition (under Cap exempt by different employer) but using the existing stamped VISA .
 
Desperately awaiting your reply .
 
Thanks a lot

 

Link to comment

 

Thanks a lot for reading my post .Please also reply if possible for you.
 
I need help to handle my H1B VISA situation:
 
--Approved and H1B stamped in August 2014 .
--Received Notification of Intent to Revoke (NOIR) on 3rd Jan 2015 from USCIS.
I am still in INDIA and was planning to travel this month.
--Current Employer not capable of taking care of NOIR or do not want to.
--Need help to understand my options of getting new paperwork and using the existing stamped VISA for travel with some other Employer.
 
Top question :
If the existing petition (against which I have stamped H1B VISA  )
gets revoked , can I still travel to US on a new Petition (under Cap exempt by different employer) but using the existing stamped VISA .
 
Desperately awaiting your reply .
 
Thanks a lot

 

Now you can only apply in april 2015 and have to go through lottery process. Since the H1B was never used and had been found defective by the USCIS so you will not be cap exempt.

Other only option is to ask your employer to file an amendment in the same petition with a new real project. No more Fake projects in your case now. USCIS is very tough these days on bogus and fake petitions.

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