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H1 Employer - Petition Revocation - Transfer

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  • H1 Employer - Petition Revocation - Transfer

    To all the experts on the forum:

    I am from India. Never travelled to the US. And I had my New H1B filed in 2012. I got my petition approved in Feb 2013.

    I am currently stuck in a situation. I had attended my H1 visa stamping interview 3 months back. The consular officer gave me a 221g, and then asked me to furnish a few documents related to the employer a week later.
    I had been speaking to my employer since, for the documents, and he had been saying that he is busy and he needs some more time to send me the documents.
    I had finally decided to find a new employer and started applying on dice, and my employer somehow figured it out. And he has been threatening to revoke my petition for a week now.

    I have a few questions in this regard.

    1.) If my employer does revoke my petition, can I still get a new employer to file a cap exempt H1?
    2.) If the answer to 1 is No, how long do I have before I find a new employer and file a new cap exempt petition? As in, would the petition become revoked as soon as he applies for it? Or would it take time, like a month or so?
    3.) If I make peace with my current employer and he sends me the documents, how long do I have to send the response to the 221g?
    4.) After I submit the documents to the consulate, if I find a new employer (say a very stable one, with whom I know the visa interview would be a cake walk), is there a way I could ask the consulate to ignore the previous stamping thing altogether and consider this new one instead?

    Quick responses greatly appreciated , given the short time window I seem to have, to make the decision.


    Regards,
    HeMan

  • #2
    Could someone please help. I am really waiting on this to take a decision.


    -HeMan

    Comment


    • #3
      Originally posted by HeMan View Post
      To all the experts on the forum:

      I am from India. Never travelled to the US. And I had my New H1B filed in 2012. I got my petition approved in Feb 2013.

      I am currently stuck in a situation. I had attended my H1 visa stamping interview 3 months back. The consular officer gave me a 221g, and then asked me to furnish a few documents related to the employer a week later.
      I had been speaking to my employer since, for the documents, and he had been saying that he is busy and he needs some more time to send me the documents.
      I had finally decided to find a new employer and started applying on dice, and my employer somehow figured it out. And he has been threatening to revoke my petition for a week now.

      I have a few questions in this regard.

      1.) If my employer does revoke my petition, can I still get a new employer to file a cap exempt H1? -- Yes, the revocation makes no difference.
      2.) If the answer to 1 is No, how long do I have before I find a new employer and file a new cap exempt petition? As in, would the petition become revoked as soon as he applies for it? Or would it take time, like a month or so? -- The revocation makes no difference and you will remain cap-exempt for 6 years.
      3.) If I make peace with my current employer and he sends me the documents, how long do I have to send the response to the 221g? -- ASAP.
      4.) After I submit the documents to the consulate, if I find a new employer (say a very stable one, with whom I know the visa interview would be a cake walk), is there a way I could ask the consulate to ignore the previous stamping thing altogether and consider this new one instead? -- If the Visa is issued by that time, you can use the same Visa with the new employer's petition to travel to US. If not, you can apply for a Visa using the new employer's petition. 221g will need to be mentioned as denial in that case and that may mean a little more scrutiny on your new application, but if the employer is non-consulting type, there is not a high chance of denial.

      Quick responses greatly appreciated , given the short time window I seem to have, to make the decision.


      Regards,
      HeMan
      See above.
      This is my opinion and not legal advice.

      Comment

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