H1 Petition Sent back to USCIS

[babu16]

Hi

After being in Administrative process for 3 months, I got a letter that my petition is being sent back to USCIS with a possibility to revoke my petition. Since the time my petition went into administrative processing I have been working from home for my client in US. Now that I have visa refusal letter and petition being sent back to USCIS, Can I still continue to work from home(My Work Permit is valid till 2015) ? what are my options now that the petition is being sent back ?

Any response is greatly appreciated.

Thanks
Babu

[shervin143]

After being in Administrative process for 3 months, I got a letter that my petition is being sent back to USCIS with a possibility to revoke my petition. Since the time my petition went into administrative processing I have been working from home for my client in US. Now that I have visa refusal letter and petition being sent back to USCIS, Can I still continue to work from home(My Work Permit is valid till 2015) ?
>>> Yes. Who you work for outside U.S is not an issue.

what are my options now that the petition is being sent back ?
>>> Try to get the H1B transfer to another U.S employer and attend the visa interview again. It is better to directly work for the client or at least with the preferred vendor and avoid layers between your employer and the client.

[babu16]

Thanks for the Reply Sherwin, I just want to confirm again. I have been working in US for over 7 years, I came here to visit my parents and at the same time I had to renew my visa, as my petition went into administrative process I have requested my client for work from home, since three months I have been doing work from home. Since today I have received visa refusal letter I'm asking whether I can still continue to work from home ? Thanks again for you time

After being in Administrative process for 3 months, I got a letter that my petition is being sent back to USCIS with a possibility to revoke my petition. Since the time my petition went into administrative processing I have been working from home for my client in US. Now that I have visa refusal letter and petition being sent back to USCIS, Can I still continue to work from home(My Work Permit is valid till 2015) ?
>>> Yes. Who you work for outside U.S is not an issue.

what are my options now that the petition is being sent back ?
>>> Try to get the H1B transfer to another U.S employer and attend the visa interview again. It is better to directly work for the client or at least with the preferred vendor and avoid layers between your employer and the client.

[shervin143]

Yes.

Thanks for the Reply Sherwin, I just want to confirm again. I have been working in US for over 7 years, I came here to visit my parents and at the same time I had to renew my visa, as my petition went into administrative process I have requested my client for work from home, since three months I have been doing work from home. Since today I have received visa refusal letter I'm asking whether I can still continue to work from home ? Thanks again for you time

[babu16]

Thanks for your response Shervin, I followed couple of forums and I see lot of your responses. I really appreciate the effort you put in clearing people's questions. Thanks again.

Yes.

[babu16]

Hi Shervin,

As my H1 visa is refused and sent back to USCIS, is there any way to track my case with USCIS ? If I enter my petition number in the below link it just gives the date my petition was approved. Any help is appreciated.

Thanks
Babu

Yes.

[shervin143]

There is no option to track your case online once the petition is sent back to USCIS for revalidation. You will have to wait for their response. If it take more time (say after 90 days), your company attorney can take an infopass appoint to check the status with USCIS.

[gojo123]

Hi Babu:

I am sorry to hear about your H-1B visa case. I have been waiting to hear back from the US embassy in Delhi for the last three months as well. I interviewed in April. Did you get any Senator's office involved in your case? What color 221(g) letter did you receive? Did you submit all requested documents? I appreciate your comments. Hopefully, you will find some other employer who will be able to sponsor you and facilitate your return back to the US

[babu16]

Sorry for the delayed response,

Did you get any Senator's office involved in your case?
I did not get any Senator's involved.

What color 221(g) letter did you receive?
White Form

Did you submit all requested documents?
They did not ask me any documents since I submitted all the documents they requested at the time of interview itself.

All the Best.

Hi Babu:

I am sorry to hear about your H-1B visa case. I have been waiting to hear back from the US embassy in Delhi for the last three months as well. I interviewed in April. Did you get any Senator's office involved in your case? What color 221(g) letter did you receive? Did you submit all requested documents? I appreciate your comments. Hopefully, you will find some other employer who will be able to sponsor you and facilitate your return back to the US

[babu16]

Hi Shervin,

Just to recap I'm on EVC model, My visa got refused under "employee-employer" relationship. Now I'm thinking to transwer my H1B to my prime vendor. Just wanted your suggestion if this is a good idea if not please do suggest what should be my approach.

Thanks
Srinivas

There is no option to track your case online once the petition is sent back to USCIS for revalidation. You will have to wait for their response. If it take more time (say after 90 days), your company attorney can take an infopass appoint to check the status with USCIS.