H1 Visa Refused this year(2014). Can I apply H1 next year(2015) under cap exemption?

[kumarvskp]

My H1 petition got approved by USCIS and I got I797 for 1 year starting from 1st Oct 2014. I attended visa interview but unfortunately got 221g stating Administrative processing. One month later I received email from consulate with refusal worksheet stating the reason for refusal.

In refusal worksheet it is also mentioned that "My petition will be sent to USCIS with recommendation to revoke my petition. When USCIS receives the petition, they will contact petitioner who will have opportunity to rebut consular finding. If you failed to provide evidence within one year of refusal date then your application will be cancelled"

I have two questions,

1. Does anyone experienced similar situation? What are the chances of getting my visa?

2. Can I apply H1 next year (2015) under cap exemption?

[raghvi]

My H1 petition got approved by USCIS and I got I797 for 1 year starting from 1st Oct 2014. I attended visa interview but unfortunately got 221g stating Administrative processing. One month later I received email from consulate with refusal worksheet stating the reason for refusal.

In refusal worksheet it is also mentioned that "My petition will be sent to USCIS with recommendation to revoke my petition. When USCIS receives the petition, they will contact petitioner who will have opportunity to rebut consular finding. If you failed to provide evidence within one year of refusal date then your application will be cancelled"

I have two questions,

1. Does anyone experienced similar situation? What are the chances of getting my visa?

2. Can I apply H1 next year (2015) under cap exemption?

Did you pay for your own H1?


1. Depends upon the seriousness and authenticity of claim of work and job for you by the employer.
2. If USCIS revokes the petition you would not be cap exempt. You would have to re apply in next year's cap.

This is my opinion not legal advice.

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What was the reason for your refusal?