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Procedure to revoke H1b petition

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  • Procedure to revoke H1b petition

    Hi Team,

    My company applied a H1b visa for me in Sep 2011 and it got approved in Oct 2011. However in the interview with the VO, he was not satisfied with the documents and issued a green slip.

    Later I got an update from the consulate saying that my petition has been sent back to USCIS Washington for further verifivation process. Its been 1.5 years and no updates yet. Now my company is planning to apply for new H1b petition in this year's cap.

    My questions are:

    1. My earlier petition has to be revoked inorder to apply for a new one?
    2. What is the procedure to revoke it and who needs to that?
    3. How long the process takes
    4. And in the mean time(after initiating the revocation process), can my company start processing a new H1b petition

    I will be really thankful for you, if you could throw some light on my questions.

    Thanks,
    Hellomyworld

  • #2
    Originally posted by hellomyworld View Post
    Hi Team,

    My company applied a H1b visa for me in Sep 2011 and it got approved in Oct 2011. However in the interview with the VO, he was not satisfied with the documents and issued a green slip.

    Later I got an update from the consulate saying that my petition has been sent back to USCIS Washington for further verifivation process. Its been 1.5 years and no updates yet. Now my company is planning to apply for new H1b petition in this year's cap.

    My questions are:

    1. My earlier petition has to be revoked inorder to apply for a new one?
    2. What is the procedure to revoke it and who needs to that?
    3. How long the process takes
    4. And in the mean time(after initiating the revocation process), can my company start processing a new H1b petition

    I will be really thankful for you, if you could throw some light on my questions.

    Thanks,
    Hellomyworld
    Feels so good to be on a team, yay
    Why are you worrying about all these questions ? Let the companys immigration team take care of it.
    This is my opinion. Not a legal advice

    Comment


    • #3
      There is no need to revoke the past petition. In fact using the cap number from that petition, your company (or any other company) can fie a cap-exempt petition with immediate start date for you.
      This is my opinion and not legal advice.

      Comment


      • #4
        Originally posted by happybuddha View Post
        Feels so good to be on a team, yay
        Why are you worrying about all these questions ? Let the companys immigration team take care of it.
        Mine is a very small organization. We dont have dedicated team for that.

        BTW, yours is also on same status?

        Comment


        • #5
          Originally posted by kabkaba View Post
          There is no need to revoke the past petition. In fact using the cap number from that petition, your company (or any other company) can fie a cap-exempt petition with immediate start date for you.
          Thanks for your reply kabkaba.

          Where we can refer such conditions. If you could help me with this, I can refer the same to my company.

          Comment


          • #6
            They should hire an experienced attorney to handle this.
            This is my opinion and not legal advice.

            Comment


            • #7
              Originally posted by hellomyworld View Post
              Mine is a very small organization. We dont have dedicated team for that.

              BTW, yours is also on same status?
              Yeah, still on H1B only, dont know what to do
              But my organization is very big, or as many would proudly say, bbbiiiggggg MNC, with many many useless people in immigration team and in all teams. I am the only superstar around here, sadly.
              This is my opinion. Not a legal advice

              Comment

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