H1B Petition sent back to USCIS

[Sirish_MS]

Hello All Experts,

I really need your advise for my H1B case.

I had filled H1B first time and was approved in September 2014. My visa was refused under 221(g), submitted required docs to Embassy, but later on petition sent back to USCIS for further review. Petition may or may not get Re-affirmed.

My Questions :

1. What are the chances for Reaffirm? Generally how long does it takes this process to complete?

2. In the USCIS site, that status is showing "Department of State sent us your case, for review. We are reviewing it, and will notify you by mail when we are done. Please follow any instructions in the notice.", In this case am I still cap exempt? Is my petition still valid and can be considered for cap exemption.

3. If any reason the petition revokes later, Shall I still be under cap exempt?

4. If Yes, Do we need to tell 221g and current petition status ( which is under USCIS review) to new employer ready to file new H1B.

5. Can I just say , I hold Approved H1B petition ( Valid up to Sep 2017) and looking for transfer. I have Approved petition copy with me.


Please help me with your valuable answer. This will surely help me to take decision and find new employer

Thanks,

Sirish
sirish.mansingh at gmail dot com

[shervin143]

1. What are the chances for Reaffirm?
>>> No one can predict the chances. It depends on the reputation of your employer and the documents submitted.

Generally how long does it takes this process to complete?
>>> They care case by case basis. It takes about a year or so.

2. In the USCIS site, that status is showing "Department of State sent us your case, for review. We are reviewing it, and will notify you by mail when we are done. Please follow any instructions in the notice.", In this case am I still cap exempt? Is my petition still valid and can be considered for cap exemption.
>>> Yes, you can transfer your petition to a new employer.

3. If any reason the petition revokes later, Shall I still be under cap exempt?
>>> Yes.

4. If Yes, Do we need to tell 221g and current petition status ( which is under USCIS review) to new employer ready to file new H1B.
>>> Yes. Advisable to do so.

5. Can I just say , I hold Approved H1B petition ( Valid up to Sep 2017) and looking for transfer. I have Approved petition copy with me.
>>> If the petition is revoked, then you need to let your new employer know.

[Sirish_MS]

Hi Shervin143,

Thanks for all the information.

Regards,
Sirish

1. What are the chances for Reaffirm?
>>> No one can predict the chances. It depends on the reputation of your employer and the documents submitted.

Generally how long does it takes this process to complete?
>>> They care case by case basis. It takes about a year or so.

2. In the USCIS site, that status is showing "Department of State sent us your case, for review. We are reviewing it, and will notify you by mail when we are done. Please follow any instructions in the notice.", In this case am I still cap exempt? Is my petition still valid and can be considered for cap exemption.
>>> Yes, you can transfer your petition to a new employer.

3. If any reason the petition revokes later, Shall I still be under cap exempt?
>>> Yes.

4. If Yes, Do we need to tell 221g and current petition status ( which is under USCIS review) to new employer ready to file new H1B.
>>> Yes. Advisable to do so.

5. Can I just say , I hold Approved H1B petition ( Valid up to Sep 2017) and looking for transfer. I have Approved petition copy with me.
>>> If the petition is revoked, then you need to let your new employer know.

[sundar1986]

Hi Sirish,

I am also kind of similar situation like you. Can you please provide details about your case?
Thanks in advance for your help

[hope0803]

I am also in the same situation. Were you able to transfer your petition to new employer and got it stamped in India? Please let us know.