h1b 221 g blue slip


#1

Hi,

I got my H1B approval notice in Jan 2017 valid for 1year(till jan 2018). Along with my family i appeared for the visa interview in March and got 221g blue slip asking for more details about project documents and submitted the same through email after 10 days. However my case had been sent back to USCIS for further investigation on June 2017. Now in Aug 2018 my employer got the below notice,

"The petition you filed on behalf of *** was returned to USCIS by US consulate for review and possible revocation.

Review of the petition indicates that the original validity period has expired. As no benefit can be acquired by your company from refuting the claims made by the consulate, this letter is sent to you for informational purpose only. No action on your part is required. USCIS is administratively closing this petition.

The administrative closure of this petition i´╗┐s without prejudice to review the petition upon written request of petitioner. In addition, this action is without prejudice to the filling of any future petitions or applications´╗┐."

Now my doubt is, Am i still cap exempted ? oe eligible to transfer to another employer?

Please someone clarify my doubt.


#2

In general, you are very likely to be cap exempt as you were counted towards cap and it was approved once. Having H1B revoked does not matter, you are cap exempt in normal situations. In your case, because of the letter, etc. I suggest you check with your employer 's attorney just to be sure.