H1B revoked by USCIS under fraud and for COS/Transfer petition received Intent to Deny saying not CAP Exempt

Looks for help/options to come out of this situation:

In FY 2014 H1B get filed by company called AA, get stamped and entered into USA in March, 2015. In Nov 09, 2016 H1B get revoked with finding of fraud. Reason for revoke : Company AA submitted fraud MSA and Statement of Work, while filing H1B petition in FY 2014 and that been identified by USCIS audit in 2016.

In August, 2016 get transferred/Change of Status to company called BB, now for transfer petition received Notice of Intent to Deny saying that:


As Company AA’s petition, was subject to the numerical limitations for FY 2014, the revocation with a finding of fraud abrogates the beneficiary’s current H-1B nonimmigrant classification and removes the beneficiary’s CAP Exemption based on this approval. As such, the petition currently under review, does not appear to qualify of CAP Exempt based on the revoked approval of Company AA’s under fraud.

You may submit any document to establish that your petition is not subject to the H-1B numerical limitations. Otherwise, your petition will be denied because USCUS has already reached the numerical limitations for FY 2016.


I would like discuss/know, do we have any options to consider under cap for this situation ?

And I have 2008 H1B Approved petition, which is not utilized (just approved, not even been get visa stamping). And also having approved I-140 from AA.

Do we have any possibility, based on 2008 H1B petition or/and approved I140, can we request consider under cap ?

OR Do we have other options ?

Thanks for your time

If I am in your shoes, I will quickly file a new H1B petition under cap exempt using 2008 approval and approved i140 copy for 3 years extension in premium process. I know there is no logical ground for why I can do this but I will try my luck in this way, most of the cases, it may work…Since your 2014 petition may eventually die due to the fraud reasons. So, dont count on that to get another life.This is my opinion…

Just try with 2008 approved petition alone (assuming it is not from AA).

Don’t attach I-140 or any other documents from employer AA, as the employer has been black listed for fraud. None of the documents approved through AA, should be presented before USCIS.

I agree with you Ramana. I didnt notice that the AA H revoke reason is the fraud MSA in H petition. This definitely fireback if he uses the AA i140.
@Sriks: Dont attach any paperwork related to AA. Also dont mention any experience from AA in application or resume etc.

Hi Sriks,

What happend in your case? Did your visa approved or did you get auth to work in USA? Please inform me ASAP what exactly you did because I have same issue now.


Anyone got approval after uscis revoked the petition? Will transfer work?