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VO has requested me to withdraw my H1 B Application at Consulate as VO was not satisfied with my client.
Received OF-194 refusal work sheet in Dec -2014 mentioning the reason for refusal as stated below...
Section 221(g) of the act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with the visa application,or who have failed to submit sufficient credible evidence to support the claimed petition able relationship.The following remarks apply in your case.....
Beneficiary has withdrawn the petition related to this visa application.
Your case is administratively closed at the Consular Section.Consular officer apply a 'reasonable person standard' when evaluating the bona fides visa applications(9 FAM 42.43 N2.2(3)).The basis of the return of the petition for revocation is also "evidence that USCIS did not have available at the time of adjudication and that such evidence,if applicable,would have resulted in the petition being denied".These facts establish that the petition is invalid.
Therefore .pursuant to 9 FAM 41.53 N2.-3,the reviewing officer has decided that the petition should be returned to the USCIS with the recommendation that it be revoked.The process includes review by the Non immigration visa chief.When USCIS receives the returned petition,they will contact the petitioner,who will have an opportunity to rebut consular findings concerning this case.If USCIS revokes the petition,the beneficiary may become ineligible for a visa under Immigration and Nationality Act Section 212(a)(6)©(i)(or other appropriate section).If USCIS reaffirms the petition,the petition will be returned to post for further processing.
My question...
Am i eligible for CAP Exempt or Not....As i have never been to US and petition is not yet revoked/withdrawn by employer.... indeed they haven't received any notice from USCIS yet.
Received OF-194 refusal work sheet in Dec -2014 mentioning the reason for refusal as stated below...
Section 221(g) of the act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with the visa application,or who have failed to submit sufficient credible evidence to support the claimed petition able relationship.The following remarks apply in your case.....
Beneficiary has withdrawn the petition related to this visa application.
Your case is administratively closed at the Consular Section.Consular officer apply a 'reasonable person standard' when evaluating the bona fides visa applications(9 FAM 42.43 N2.2(3)).The basis of the return of the petition for revocation is also "evidence that USCIS did not have available at the time of adjudication and that such evidence,if applicable,would have resulted in the petition being denied".These facts establish that the petition is invalid.
Therefore .pursuant to 9 FAM 41.53 N2.-3,the reviewing officer has decided that the petition should be returned to the USCIS with the recommendation that it be revoked.The process includes review by the Non immigration visa chief.When USCIS receives the returned petition,they will contact the petitioner,who will have an opportunity to rebut consular findings concerning this case.If USCIS revokes the petition,the beneficiary may become ineligible for a visa under Immigration and Nationality Act Section 212(a)(6)©(i)(or other appropriate section).If USCIS reaffirms the petition,the petition will be returned to post for further processing.
My question...
Am i eligible for CAP Exempt or Not....As i have never been to US and petition is not yet revoked/withdrawn by employer.... indeed they haven't received any notice from USCIS yet.
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