H1B Petition sent back to USCIS

USA H1B Visa
1

Hello All Experts,

I really need your advise for my H1B case.

I had filled H1B first time and was approved in August 2014. My visa was refused inder 221(g) and later on petition sent back to USCIS for further review. Petition may or may not get Re-affirmed.

My Questions :

  1. What are the chances for Reaffirm? Generally how long does it takes this process to complete?

  2. Am I still cap extempt? Is my petition still valid and can be considered for cap exemption.

  3. In the USCIS site, that status is showing “Department of State sent us your case, for review. We are reviewing it, and will notify you by mail when we are done. Please follow any instructions in the notice.”, In this case am I still cap exempt? Is my petition still valid and can be considered for cap exemption.

  4. If any reason the petition revokes later, Shall I still be under cap excempt?

  5. If Yes, Do we need to tell 221g and current petition status ( which is under USCIS review) to new employer ready to file new H1B.

  6. Can I just say , I hold Approved H1B petition ( Valid up to Sep 2017) and looking for transfer. I have Approved petition copy with me.

Please help me with your valuable answer. This will surely help me to take decesion and find new employer

Thanks,

Sirish
sirish.mansingh at gmail dot com

1 Like
2

Hi Sirish,

I hope you are doing great.

i am in same boat, my case also showing as " Department of State Sent Case to USCIS For Review",.

did you get any update from them and howmuch time it took?, was it approved?

could you please advise.

Thanks,