H1B Status is revoked, Visa NOT stampped, is transfer possible under CAP exempt?

USA H1B Visa
1

Hi Experts,

Please help me.

  1. I had a H1B approved petition which has expired in dec 2015. The petition was approved on 2013. The visa is NOT stamped.
  2. Petition was filed by employer X in india, now I am employed with employer Y in india.
  3. I have never travelled to US before.
  4. I have the soft copy of I797 with me and I am willing to travel to US ASAP.
  5. I just find that the status for my H1B says its Revoked. Below was the status in USCIS.
    Revocation Notice Was Sent
    On August 18, 2014, we revoked the approval of your case, Receipt Number EAC13*******, and mailed you a revocation notice. It explains the reasons for our action. Please follow the instructions in the notice and submit any requested materials. If you do not receive your revocation notice by September 1, 2014, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to How to Change Your Address | USCIS to give us your new mailing address.

Questions?

  1. What does it mean?
  2. Can it be renewed/transferred under cap exempt? Can employer Z transfer the petition with them? and get the visa stamped?
  3. Can Employer Z hire me directly under their US payroll (I mean if I am not interested to join in india and then travel to onshore, rather if i want to directly join them on their US office with US payroll is that possible?)
  4. Can my new employer still file a new petition for transferring the H1B?
  5. Is it required to first join the employer to initiate the visa petition as per immigration law? Or they can file it when I am serving notice in my current organization.

Please help me find answer for the above questions…

Thanks,
Som.

2

  1. Most likely old employer withdrew the petition after you left them.

  2. Yes, it can still be used for cap-exempt purposes by any employer.

  3. Yes

  4. Yes

  5. They can do it anytime. Doesn’t matter who are employed with outside US.

3

Thank You Saurabh for responding.

Logically you are 100% correct, because I left the organisation in mar 2014 and it was revoked in aug 2014. So looks like the time suggest that it was revoked by the employer but is there a way I can know whether my employer revoked it or USCIS?

4

You cannot know that from the status. Only the old employer can confirm if they revoked the petition as part of separation process or not.

5

ohhh ok. Thanks Man!!!

Is there a way i can get the info from USCIS? i dont think i will be able to collect the info from my previous employer :frowning:

6

No that would not work. Unless you or employer had submitted false information, which was later discovered; USCIS doesn’t revoke the petition by themselves.

7

That’s good news for me :slight_smile:
Tnere were no way i provided any wrong information also I don’t think my employer did, because the petition was approved smoothly, i mean without any issues or RFEs. What do you think?
And after all thanks a lot man, you helped me alot…

8

In my experience, most of the cases when USCIS revokes the petition themselves is when the applicant goes for stamping, and consulate sends the petition back to USCIS for reconsideration and possible revocation. Other scenario is when your petition is approved and while processing some other employee’s petition, USCIS discovers information which makes them go back to all previous approvals and revoke.

You can gauge the possibility of this happening in your case.

9

Hi Saurabh,

regarding the 2nd option… “Other scenario is when your petition is approved and while processing some other employee’s petition, USCIS discovers information which makes them go back to all previous approvals and revoke.” This has nothing to do with the candidate right? this mainly if there is something wrong with the employer? Please let me know if my understanding is correct.

10

Yes, this is typically when the issue is w/ employer and not employee.

11

Hi,
I have similar question, but in my case I appeared for stamping interview and got refusal, as you said above
" In my experience, most of the cases when USCIS revokes the petition themselves is when the applicant goes for stamping, and consulate sends the petition back to USCIS for reconsideration and possible revocation"

So I need you valuable comments on this.

  1. What will happen if USIC revoked my petition?
  2. Am I still eligible for cap exempt filling from different employer?

I m too much disappointed, please help.

12

Did you get any reply?? Can we still eligible for cap exempt if USCIS revoked on 221g.

13

If uscis revokes, then are we eligible for cap exempt