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