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H1 B Petetion revocation meaning

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  • H1 B Petetion revocation meaning

    I received my H1-B petetion(I-797) approved 2 yrs back (valid till 2014) when I was in USA,but,due to family issue I travelled back to India and could not go for stamping , so did not worked on H1 B.

    Recently,I have received below email from USICIS.

    Post Decision Activity: On April16, 2013, the previous decision made on your case was revoked and we mailed you a notice explaining the decision.

    Kindly clarify the following:

    1. What is the current status of my H1 B petetion.

    2. Is it possible if any other employer in India can still transfer the revoked H1B petition for me on the basis of old but approved I-797 form only?

  • #2
    Originally posted by apple121 View Post
    I received my H1-B petetion(I-797) approved 2 yrs back (valid till 2014) when I was in USA,but,due to family issue I travelled back to India and could not go for stamping , so did not worked on H1 B.

    Recently,I have received below email from USICIS.

    Post Decision Activity: On April16, 2013, the previous decision made on your case was revoked and we mailed you a notice explaining the decision.

    Kindly clarify the following:

    1. What is the current status of my H1 B petetion. -- It is your employer's petition and it is now revoked.

    2. Is it possible if any other employer in India can still transfer the revoked H1B petition for me on the basis of old but approved I-797 form only? -- The revocation makes no difference to you. You are eligible for cap-exempt petition irrespective.
    See above.
    This is my opinion and not legal advice.

    Comment


    • #3
      H1 B Petetion revocation meaning

      Thankyou so much for your quick response.

      Can I go with two employer from India with my old and approved I-797 only for H1B filing?

      Please advise.

      Comment


      • #4
        Yes, any number employers can file for you.
        This is my opinion and not legal advice.

        Comment


        • #5
          H1 B Petetion revocation meaning

          Originally posted by kabkaba View Post
          Yes, any number employers can file for you.
          Thanks a ton for your time and kind assistance.

          I'mm really inspired of the quick response from this forum.

          Comment


          • #6
            H1 B Petetion revocation meaning

            Originally posted by apple121 View Post
            Thanks a ton for your time and kind assistance.

            I'mm really inspired of the quick response from this forum.

            Hi kabkaba

            But,in this case,if through one emplyer if it got rejected then will I be fine for another employer?
            Pls advise!

            Comment


            • #7
              Each employer files their own separate petition.
              This is my opinion and not legal advice.

              Comment


              • #8
                " the previous decision made on your case was revoked"

                Hi Friends,

                I have applied for H1B in 2012 with US consultant and on Oct 4 2012 My petition got approved and it was showing status as approved which is valid for 3 Years ( 2013-2015) as per my consultant. Since I never went for stamping and never travelled to US. I was just checking my status on 5th Jan 2013 the status was showing

                " the previous decision made on your case was revoked" and we mailed you a notice explaining the decision. If you have not received the notice within 14 days of the date above, please call customer service at 1-800-375-5283 for further assistance" .......................... and it was updated on May 3, 2013,

                I am really shocked to see the above status. I have sent a mail to my consultant regarding the same but he didn't reverted back to me. As being a typical Desi Consultant I am not sure what he has done as he was not allowing me to go for stamping since last 1 year as he was fearing from Rejection or RFE. However on the above status I believe he should have reverted back to me on May 3, 2013 when he got update from USCIS and they have asked him to submit the documents.

                Now I know it is too late. My consultant has only shared receipt number with me and I do not have I-797 or any other approval documents with me... (

                I don't understand now what to do.

                Can you guide me on below queries?

                1) Is my H1B is revoked by my consultant.? If yes how can I verify that? as my consultant is not replying...

                2) Also if it is withdrawn then can I apply for new H1-B in cap-exemption quota? and will I be cap exempted? As My H1B was approved for 3 years? ( Their is no any document provided by my consulatant mentioning it is appoved for 3 years)

                3) Can I transfer my H1B in above case to other employer by only having receipt number?

                Please guide me and Thanks in advance.

                Sachin_H1B

                Comment


                • #9
                  H1B Revocation Notice

                  Hi Friends,
                  I was working on H1B Filed by one of Big Indian Consulting Companies.
                  I switched Jobs here, I took a job here in USA Based Company in their Captive IT Division.
                  I joined this US Employer After the H1B Transfer was approved on Jan 15 2016.
                  Today (Mar 24 2016) i have received a Revocation Notice from USCIS.
                  What does this mean ? what do I have to do for the same.

                  Thanks,
                  rishihjoshi

                  Comment


                  • #10
                    Originally posted by rishihjoshi View Post
                    Hi Friends,
                    I was working on H1B Filed by one of Big Indian Consulting Companies.
                    I switched Jobs here, I took a job here in USA Based Company in their Captive IT Division.
                    I joined this US Employer After the H1B Transfer was approved on Jan 15 2016.
                    Today (Mar 24 2016) i have received a Revocation Notice from USCIS.
                    What does this mean ? what do I have to do for the same.

                    Thanks,
                    rishihjoshi
                    Revocation might have been for the earlier petition with the "Big Indian Consulting Company". If so, it can be ignored.

                    This is my opinion not legal advice.

                    Comment


                    • #11
                      Guyz I have a question for you all guyz and need some clarification in a scenario.
                      I had my H1b from employer A which is a Big IT company (US based but also operating in India as subsidiary) . I worked on that H1 in US for around 18 months and also had the extended petition till 2018
                      Recently I moved to H4 and and after which I resigned my company. The new extended petition is not been used as in i was not on H1B status during the start of the Extended petition start date as it got extended before my past expiry date.

                      My Queries

                      What does revoke exactly mean and how does it impact ???
                      1. Can the prev employer A revoke the H1B ?
                      2. Can I still get the H1b transferred though any other employer whithout any issues ?
                      3. Will I be exempt from Quota regardless of my last H1b petition status(if revoked) upto 6 years.
                      4. Or Do I need to go through new quota for H1B filing.

                      I heard that once H1b is used then it can be anytime used for out of quota H1b filing even though my previous employer revoked.? Is it true.

                      Can some one throw some light on this.

                      Comment

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