Possible way to hold petition revocation when employee( petitioner) had filled a request for Revocation..

USA H1B Visa
1

My H1B case was approved by USCIS & had received I-129, I-797B & I-797C form. VISA validity- 1st Oct’2015 to 1st July’2018.But I have leaved the company & my company (petitioner) has filled a request to USCIS for revoke the petition.

Now in USCIS, status shows as: “On Sept 28, 2015, we recvd your correspondence for Form I-129, Petition for a Nonimmigrant Worker, Receipt Number XX. We r reviewing ur correspondence & will mail u a notice if we need something from u."

Is there any possible way to hold this revocation?Is my previous company can withdraw this revocation?

2

You cannot stop the revocation. If the employer wants to do it, its their right.

You can still use the approved petition for cap-exempt petition (aka H-1 transfer).

3

Hi Saurabh,

Thanks for your update.

Will it be possible to use this approved petition for cap-exempt petition in going future if I will join in my previous company( from where my H1B petition was filled)?
or
Will it be possible to use this approved petition for cap-exempt petition in going future from Current employee? If Yes, can you please let me know the documents required from my end for the same.

4

Yes, it can be used for cap-exempt purpose for either old employer or a new one. You need to have regular documents required for H-1 (just like your initial petition). The extra document required would be copy of current 797 approval notice.

5

Hi,
Thanks a lot Saurabh for your update…

Thanks!!

6

Saurabh, All , if old company denies to give hard copy of approval notice, Is soft copy enough for H1 transfer in this case?
Also can transfer be done even if the company has already revoked?
Can old company transfer it to other employee and deprive me of the cap exempt transfer application in new company?

7

Original copies are not submitted. So a photocopy of original notice is as good as print out of soft copy. Makes sense?

Yes, this can be done even when the old company has withdrawn the petition. The company cannot use that petition for any other employee but you.

8

Saurabh,
Thanks for a very quick response.
I am unclear how revoking the petition will help the old company - or why would they go for it when it might be also costing some xyz amount?

9

It may be part of the exit process policy and to keep only those petitions where the employee is still working for them. I don’t think it costs them anything as they can just write a letter to USCIS and request the same.

10

Saurabh,
Thanks once again. Just one more query -
In absence of soft copy is the EAC number information enough to initiate visa transfer process at new company?
Believe petition number is same as EAC number used for H1 Tracking (and not the Case number mentioned in I129)

11

EAC number is sufficient as USCIS can look up in their system and get its details. Your new employer should believe you that this number belongs to you and is for an approved petition. Until they can see 797 approval notice, employer has to put his trust in you.