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H1B petition got revoked and later H1B transfer got denied...Kindly help me out

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  • H1B petition got revoked and later H1B transfer got denied...Kindly help me out

    Hi All,
    I am having some issue with my H1B visa. Your kind help in this regard will be highly appreciated!!!
    Let me explain about my situation first. Here you go...
    My H1B petition was filled by company A in 2011 (Mumbai-India).
    Petition got approved in May 2011 and was valid till Sep 2014.
    After that I was waited for further instruction from company A but didn't heard anything back from them for visa stamping.
    So finally i decided to go ahead for visa stamping and I paid the fees and went for stamping with all the document provided by company A but unfortunately I received 221 G blue slip. After that I wrote an email to company A stating the situation then they again provided all the necessary document and submitted in VFS mumbai office. When I checked the status this time...it says...On May 20, 2013, we revoked the approval of your case, Receipt Number EAC111 YYYY 193.
    Later My elder brother (who lives in USA on H1B) suggested me to come to USA on business visa and try to transfer my visa to different company in USA as my petition was valid till that day.
    so I applied for B1/B2 and got approved, so I traveled to USA on Jan 2014 after resigning from my current company here in India.
    My brother discussed the whole situation with one of the consulting company B in USA and they agreed to transfer my visa to there company.
    Company B started marketing my resume and set few interview calls for me. I cleared many interviews and had offer from top 4 companies.
    Company B filled my H1B transfer on April 2014 (receipt # WAC141 YYYY 132) but it got denied saying...On May 22, 2014, we denied your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WAC141 YYYY 132
    Once my visa got denied I came back to India in June 2014.

    So my question here is
    Can I again apply for H1B visa under Cap-Exempt category (As I have not utilized the 6 years)
    What is the best option available me now

    Appreciate your help here.

    Thank you very much

  • #2
    Originally posted by arshadrocku View Post
    Hi All,
    I am having some issue with my H1B visa. Your kind help in this regard will be highly appreciated!!!
    Let me explain about my situation first. Here you go...
    My H1B petition was filled by company A in 2011 (Mumbai-India).
    Petition got approved in May 2011 and was valid till Sep 2014.
    After that I was waited for further instruction from company A but didn't heard anything back from them for visa stamping.
    So finally i decided to go ahead for visa stamping and I paid the fees and went for stamping with all the document provided by company A but unfortunately I received 221 G blue slip. After that I wrote an email to company A stating the situation then they again provided all the necessary document and submitted in VFS mumbai office. When I checked the status this time...it says...On May 20, 2013, we revoked the approval of your case, Receipt Number EAC111 YYYY 193.
    Later My elder brother (who lives in USA on H1B) suggested me to come to USA on business visa and try to transfer my visa to different company in USA as my petition was valid till that day.
    so I applied for B1/B2 and got approved, so I traveled to USA on Jan 2014 after resigning from my current company here in India.
    My brother discussed the whole situation with one of the consulting company B in USA and they agreed to transfer my visa to there company.
    Company B started marketing my resume and set few interview calls for me. I cleared many interviews and had offer from top 4 companies.
    Company B filled my H1B transfer on April 2014 (receipt # WAC141 YYYY 132) but it got denied saying...On May 22, 2014, we denied your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WAC141 YYYY 132
    Once my visa got denied I came back to India in June 2014.

    So my question here is
    Can I again apply for H1B visa under Cap-Exempt category (As I have not utilized the 6 years)
    What is the best option available me now

    Appreciate your help here.

    Thank you very much
    It seems you are not eligible for Cap exempt and 6 Year reclaim as the petition itself got revoked. I would say you start all over by filing a fresh petition in April 2015, and this time go with genuine large employer.

    This is my opinion not legal advice.

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