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  • OF194 form

    Hi All,
    Got OF194 Refusal Work Sheet from consulate. I see in the form that Next Action: Contact DHS-USCIS.

    please let me know what can be done in this case. I know we can get a new employer but if this petition gets revoked then will my H1b status be active? Then only we can get a new employer.

    Please let me know BEST/WORST scenario in that case. Its urgent. I don't know when I will get new employer but for this, my H1b status should be active.

    Update: As per their suggestion at consulate, they took my sign for withdrawing the VISA application.

    Thanks,
    VickyB
    Last edited by VickyB; 11-29-2014, 04:33 AM.

  • #2
    Originally posted by VickyB View Post
    Hi All,
    Got OF194 Refusal Work Sheet from consulate. I see in the form that Next Action: Contact DHS-USCIS.

    please let me know what can be done in this case. I know we can get a new employer but if this petition gets revoked then will my H1b status be active? Then only we can get a new employer.

    Please let me know BEST/WORST scenario in that case. Its urgent. I don't know when I will get new employer but for this, my H1b status should be active.

    Update: As per their suggestion at consulate, they took my sign for withdrawing the VISA application.

    Thanks,
    VickyB
    Did you pay for your H1? What was the reason for the denial? Did employer refuse to provide required documents?

    Yes, if USCIS revokes/terminates the petition then you would not be cap exempt.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Did you pay for your H1? What was the reason for the denial? Did employer refuse to provide required documents?

      Yes, if USCIS revokes/terminates the petition then you would not be cap exempt.

      This is my opinion not legal advice.
      You are right. Employer wanted to me to come on inhouse project but at the same time he didn't have sufficient papers for that. He clearly told that he can't provide any client letter.
      Now what can be worst/best for me? What kind of help I can expect from him?

      Thanks,
      VickyB

      Comment


      • #4
        Find another employer and try for a transfer before the petition is revoked.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          Find another employer and try for a transfer before the petition is revoked.

          This is my opinion not legal advice.
          But what the petitioner can do for me? How much time I have from the day of getting OF194 in the mail?

          Can I say my petitioner to delay it till I get another employer?

          Thanks,
          VickyB

          Comment


          • #6
            Originally posted by VickyB View Post
            But what the petitioner can do for me? How much time I have from the day of getting OF194 in the mail?

            Can I say my petitioner to delay it till I get another employer?

            Thanks,
            VickyB
            Petitioner should have got a genuine project for you which they did not and USCIS would certainly have made a note of that. As for you you should seek a new employer ASAP.

            This is my opinion not legal advice.

            Comment


            • #7
              Originally posted by raghvi View Post
              Petitioner should have got a genuine project for you which they did not and USCIS would certainly have made a note of that. As for you you should seek a new employer ASAP.

              This is my opinion not legal advice.
              But still USCIS will ask him justification, right? Means he can delay the things and then I can use that time?

              How much time I have approximately?

              Comment

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