H1b revoked 3 yrs ago. Renewal possible??

[hari.kb]

Hi All,

I was working on H1b from Nov 2007 to Mar 2011 (3.5 yrs).

1. Worked from Nov 2007 to Oct 2010.
2. Extension approved from Oct 2010 till Oct 2013.
3. Worked from Oct 2010 to Mar 2011

In Mar 2011 I went for stamping in India, there issued 221g and my stamping was rejected in Nov 2011 and subsequently H1b was revoked by USCIS. I have been working in India since then.

Now I would like to transfer and renew remaining portion (2.5 yrs) of my previous H1b. I approached two employers Employer-A and Employer-B:

Employer-A is saying they can transfer and renew the remaining portion (2.5 yrs) cap exempt
Employer-B is saying I would need to go through lottery process again, since my old H1b was revoked

Please advise which employer is correct? Please advise if I have to go through lottery process?

Thanks a lot.

Warm Regards,
Hari

[raghvi]

Hi All,

I was working on H1b from Nov 2007 to Mar 2011 (3.5 yrs).

1. Worked from Nov 2007 to Oct 2010.
2. Extension approved from Oct 2010 till Oct 2013.
3. Worked from Oct 2010 to Mar 2011

In Mar 2011 I went for stamping in India, there issued 221g and my stamping was rejected in Nov 2011 and subsequently H1b was revoked by USCIS. I have been working in India since then.

Now I would like to transfer and renew remaining portion (2.5 yrs) of my previous H1b. I approached two employers Employer-A and Employer-B:

Employer-A is saying they can transfer and renew the remaining portion (2.5 yrs) cap exempt
Employer-B is saying I would need to go through lottery process again, since my old H1b was revoked

Please advise which employer is correct? Please advise if I have to go through lottery process?

Thanks a lot.

Warm Regards,
Hari

I think B is correct. If your petition was revoked by USCIS that takes away your cap exemption too. USCIS generally revokes only upon finding fault with original petition itself thereby implying that your original petition itself was erroneously approved. Now why USCIS revoked it would depend upon the 221G and what exactly transpired during that interview and what documents were asked for and provided.

I believe You would need to file afresh in new cap and go through the lottery, if any.

This is my opinion not legal advice.