H1b petition return to uscis

Dear All,

Trust all are safe and fine.
I have posted some queries regarding my existing H1B petition. Further some updates happened and i would like to get your suggestion.
Back ground:
I have got H1B petition with one of the consulting company and got approved from USCIS ( 2022). I went to interview with consulate and RFQ to submit,
after two months petition send back to USCIS for Background check and possible revocation. It was due to Petitioner & end client name lot same and in same building, as well some document clarification needed from Petitioner. I have informed Petitioner to check with USCIS and last 4 months they said not heard from USCIS.
I have directly contacted USCIS and they have informed Petitioner or Attorney only they can give information. Same i have informed to Petitioner, which
petitioner response is they cant help anymore and they asked me i can transfer H1B petition through any eligible employer ( i think they afraid to contact USCIS for further
probe in the operation). If they have received or contacted for clarification , which they have not informed me asap, if They did not submit clear reply my Petition might be
cancelled in the future ( assume).

Another thing is that current 2023 H1B lottery also mine got selected through my current company ( Indian IT services Organization ( one of the top 5) and i have got client letter from big US
MNC company ( as i am working & managing client offshore activities). Currently Attorney going to file Petition in USCIS.

I have query regarding existing Petition can be transferred ( LCA & H1B transfer) ?
2023 H1B petition filing , USCIS might ask or inform my current employer attorney about existing Petition, which scenario what is the option i have?

Please help me to take decision and suggest your kind understanding. It will be great help. Thanks for your valuable time.

There is a 50% chance as you didn’t had visa stamping.

Each petition is treated separately and USCIS do not inform your current employer regarding any past petitions.

Dear Kalpesh,

Thanks for your kind reply and valuable time for taken to reply.
Is there a way to cancel last year Visa Petition incase to avoid confusion or any issue to current year Petition. As mentioned USCIS not telling me any info.

Only the employer can do it. Also the employer is bound legally to withdraw the petition if the job offer doesn’t exist anymore.

H1b is the ancient way to work in USA. Please use following:

Now most of the consulting companies have offices in India. If not they are in process of opening one… They hire you there for a year and then send you to USA on L1 visa for 5 years. A few benefits of this strategy.

  1. Minimum to no experience is required.
  2. No H1b amendments are required. No transfer fees, No wait time for H1b renewal or driving license etc.
  3. There will be site consulting manager at every site so you will transferring from one manager to another to satisfy L1 visa requirement of direct oversight on your employees.
  4. No money spent on US education, it can cost a lot and depends on which university you go.
  5. Save 2-3 years on Masters as well as on CPT/OPT and thesis etc… Unless you go to top 10 universities these have no value.
  6. After 5 years they will send you to Canada/India for a year to reset your L1.

Save Money and time. Have piece of mind with L1 visa. Your company can also file greencard directly while you are on L1. Most of the consultants I work with now are on L1. For companies also it’s profitable as they pay less ($70-$90K) but if you did not spend on USA education etc. with one year experience in India, you are here in USA so you do not care. Hope this helps.

Dear Kalpesh,

Current Status:

My current employer ( TOP IT firm in india- working as sr.project Manager) filed H1B lottery pickedup and after attorney review it is filed with USCIS . I have given end client letter from TOP US company ( Industrial & Aerospace) Program manager with whom i have been working project last 7 years.

Last year Petition still not canceleed or withdrawn as last year petioner asking me to transfer to some other company.which i dont want to do.

Can be problem with USCIS last year Petition still pending with USCIS for applying new petition this year? Your kind valuable suggestion really needed.

I dont see any issues.

Hi Kalpesh,

Sorry for late reply as i was in travel. Thanks a lot for the kind reply and timely help.
Have a great day.