I am from India and have not entered US under H1B.
Here is my situation:
I got approved H1B petition in December-13, with validity till September-2016.
I went for Stamping in August-14, where Chennai Consulate has given Blue Slip - 221 G and informed that petition being returned to USCIS for review because. I had vendor agreement b/w my Employer and Cline, but no letter from client.
On December 2014, I received Refusal worksheet for 'failed to provide documents' and mentioned that petition has been sent back to USCIS for review with ‘Recommendation that it be Revoked’.
On January 2015 received status update mail from USCIS site that my petition is under review.
As of last week, my employer as not received any update. Not sure whether to trust him/her.
I understand that next step by USCIS probably would be sending my employer NOIR(Notice of intent to revoke). I have few questions on the same and waiting for the experts opinion.
Now that my petition is under USCIS review, Is it possible to file H1b from another employer using same petition ( i.e H1b transfer)? If Yes, will that be cap exempt?
If my employer receives NOIR, then at this stage Is it possible to do H1B transfer? If Yes, will that be cap exempt?
Assuming worst will come true, if my petition is revoked then at this stage, Is it possible to do H1B transfer? If Yes, will that be cap exempt?
Please let me know the possibilities of ‘cap exempt’ chances on the above mentioned scenario.
I am getting different response from websites and I wanted to be sure. Hence listed all possible scenarios.
Thanks a lot ImmiGeek for taking your time to respond.
Last set of questions.
Current petition status is ‘Post Decision Activity’ and in the description mentioned as ‘sent for Review’. If NOIR is received, will there be any update on status or only Employer will know about this?.
How much time does USCIS gives to employer for responding to NOIR? Is it 30/60/90 days?
Post decision activity (with any kind of detail like review etc) means it can be an action AFTER the final decision(Card production, revoke, intent to revoke etc)
There is no fixed time given by USCIS. It depends up on the case.
In 2013 received blue slip 221g for administrative processing
Submitted all employer and self documents whatever asked
After some time received letter
“THE FOREIGN SERVICE OF THE UNITED STATES REFUSAL WORKSHEET”
DATE OCT 2014
NEXT ACTION:
CONTACT DHS-USCIS
BENEFICIARY
-MYNAME-
THIS OFFICE REGRETS TO INFORM YOU THAT IT IS UNABLE TO ISSUE A VISA TO YOU BECAUSE YOU HAVE BEEN FOUND INELIGIBLE FOR A VISA UNDER THE FOLLOWING SECTIONS(S) OF THE IMMIGRATION AND THE NATIONALITY ACT(INA)
Some details
after that
– ACTION IN YOUR CASE HAS BEEN SUSPENDED UNDER SECTION 221 (G) OF THE UNITED STATES IMMIGRATION AND NATIONALITY ACT (INA) PENDING FURTHER ADMINISTRATIVE PROCESSING. THE PETITION IS BEING RETURNED TO USCIS FOR REVIEW. UPON COMPLETION OF THE REVIEW, USCIS WILL CONTACT YOUR PETITIONER
some more details and finally
WARNING: IF YOU FAIL TO TAKE THE ACTION REQUESTED OR FAIL TO PRESENT ADDITIONAL EVIDENCE SUFFICIENT TO OVERCOME YOUR VISA DENIAL UNDER SECTION 221 (G) OF THE IMMIGRATION AND THE NATIONALITY ACT WITHIN ONE YEAR OF THE REFUSAL DATE, SECTION 203(G) OF THE ACT REQUIRES THAT YOUR APPLICATION BE CANCELLED
sir,
Now the question I have is what this means of this refusal worksheet? If I check in USCIS website it still says this is pending in administrative processing from 2014
My potential new employer is reviewing but what he says is 22g is sometimes related to self or employer so case depends.
Question (i am in india)
I have new opportunity can this petition be used for cap exempt ? or
Do you recommend for fresh h1b file?
What is the chance of getting approved if filed under cap exempt ? is there risk to go with cap exempt considering my case?
I have new opportunity can this petition be used for cap exempt ? or
ans: Sure, another US employer can file a non-cap new H petition as you were allocated one slot in the previous year cap.
Do you recommend for fresh h1b file?
If you want, you can have this option also, it has no impact on your pending admin review
What is the chance of getting approved if filed under cap exempt ? is there risk to go with cap exempt considering my case?
If your current admin processing is due to a fraud from your side(example: your university degrees/experience credentials etc., any security issues on your profile etc., your cap allocated H petition will get void and then this attempt of cap-exmpt new H1 petitions also get denied. But if your current admin review is not due to any of your credentials, you should be fine to use the cap-exempt new filings. As your employer said, it all depends on what is the reason for the Admin review. I assume MOST of the admin reviews are related to EMPLOYER but not employee. So, you can take a chance to file a new cap-exempt H petition with a potential 90%+ chances of approval.
what other options i have in the regard?
a) File a new cap-exempt H petition(preferably by a different US employer). b) wait for your current H Admin processing is done. c) File a new year cap-bound petition.
Thank you lot for your prompt reply. The admin processing is not related to my credential or security or any thing fraud from my end or even from employer, it was just fate that for some details from employer on projects it was picked for admin processing.
Only thing I got scared because of the letter refusal worksheet and INA so was concerned on the same. I guess based on your review it is okay to go with other employer either new or cap exempt.
The only thing I would pray is denial should not happen when the new h1 is in process if I am using cap exempt. If that happens in between so my new h1 will have issues ( or RFE ) ?