Cancelled Without Prejudice

[maniff]

Hi,

I have a approved I129 petition for H1B with XYZ petitioner valid from 10/01/2014 to 09/01/2017. I went for H1B stamping at one of the embassy in India on 16th April 2015. After interview they approved my VISA.

One and half weeks later embassy staff called me by saying that my passport has a technical fault and I need to revisit the embassy, otherwise I cannot enter into US. I went to Embassy again with my passport and met the consulate. He inquired me again about my work and how I found about it. They also asked me about the petitioner and their work location. Later they put a stamp on the VISA saying "Cancelled Without Prejudice" and told me that they inquired at the work location and their is no such project exist. They also provided me a form 221(G) saying 'Your petition is being sent for revocation'.

 

My queries are:

1. Can I go with a different petitioner and re-apply for H1B? If yes, what would be the process?

2. Is there any chances of getting my H1B back with the same petitioner?

3. What would be a better step should I take according to you?

 

Thanks

[rahul412]

 

1. Can I go with a different petitioner and re-apply for H1B? If yes, what would be the process?

2. Is there any chances of getting my H1B back with the same petitioner?

3. What would be a better step should I take according to you?

1. Yes, its the same process any other H1.

2. No, zero chances.

3. Find a real employer, not a fraud employer.

[ad2010]

Consulate (Dept of State) cannot revoke H1B petition themselves, they will send it to USCIS for revocation.

 

Since they have sent your petition for revocation to USCIS.  USCIS will do a background check and will verify the details of the project ,client etc provided during the H1B filing.  If USCIS finds that everything is genuine and then they will re-affirm the petition and will send it back to the consulate.  Then consulate will have to re-issue you visa.

 

If USCIS revokes your petition then you cannot use it for visa stamping.

 

 

My queries are:

1. Can I go with a different petitioner and re-apply for H1B? If yes, what would be the process?

-- Not sure

 

2. Is there any chances of getting my H1B back with the same petitioner?

-  Answered above

 

3. What would be a better step should I take according to you?

--  You have to think and decide.

[vishnu9399]

1.Yes, you can choose a different employer and reapply for new H1-B and visa appointment. same as before but you're  cap exempt( no need to worry about lottery)

 

Find a real company and a real project next time, please do not submit false projects. if they know next time that the company or project doesn't exist, they might put a permanent ban on your entry to US.

 

Good luck..

[ad2010]

In which consulate you applied for the visa?

[maniff]

Applied at New Delhi consulate.