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Cap Exception for Withdrawn H1B petition by Beneficiary

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  • Cap Exception for Withdrawn H1B petition by Beneficiary

    Hi,

    My H1B petition got approved in 2014. In my Visa interview at Hyderabad consulate, Visa officer expressed a doubt on my Employer-Client relationship and put my application in Admin processing. After a week, I got a call from consulate to reappear for visa interview. I got to know from Visa officer that My employer and client agreement no longer valid and shown me the client email they received which is stating the same.
    I was given option to withdraw my H1B petition to avoid any issues for any Visa I may apply for in near future. I withdrawn my petition by signing on a document stating that I would like to withdraw the petition no xxxxxx.

    After around few months I got a mail saying that "beneficiary has withdrawn the visa application related to this petition" and mentioned that applicant failed to provide credible evidence to support the claimed petitionable relationship.

    After couple of months, I applied L1 from my current employer and I am in US now on L1 visa, and I am planning to get H1B filed by different employer.

    Please answer my below queries.

    1. Will I come under H1b cap-exemption if I find employer to file my H1B? Please note that I don’t have any documents except H1B receipt.
    2. If so, what is the time period to file H1B, and is there any time period(like Oct for fresh petitions) from which I need to start working on H1B?
    3. How long does it usually takes to transfer from L1 to H1?
    3. Are there any implications if I use the cap-exemption of the withdrawn petition?

  • #2
    Originally posted by babu87 View Post
    Hi,

    My H1B petition got approved in 2014. In my Visa interview at Hyderabad consulate, Visa officer expressed a doubt on my Employer-Client relationship and put my application in Admin processing. After a week, I got a call from consulate to reappear for visa interview. I got to know from Visa officer that My employer and client agreement no longer valid and shown me the client email they received which is stating the same.
    I was given option to withdraw my H1B petition to avoid any issues for any Visa I may apply for in near future. I withdrawn my petition by signing on a document stating that I would like to withdraw the petition no xxxxxx.

    After around few months I got a mail saying that "beneficiary has withdrawn the visa application related to this petition" and mentioned that applicant failed to provide credible evidence to support the claimed petitionable relationship.

    After couple of months, I applied L1 from my current employer and I am in US now on L1 visa, and I am planning to get H1B filed by different employer.

    Please answer my below queries.

    1. Will I come under H1b cap-exemption if I find employer to file my H1B? Please note that I don’t have any documents except H1B receipt.
    2. If so, what is the time period to file H1B, and is there any time period(like Oct for fresh petitions) from which I need to start working on H1B?
    3. How long does it usually takes to transfer from L1 to H1?
    3. Are there any implications if I use the cap-exemption of the withdrawn petition?

    Typically in such scenarios the petition is sent back for revocation, and I would assume it would already have been revoked by USCIS and you would not be cap exempt.

    This is my opinion not legal advice.

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