H1 Transfer while the consular is notifying the USCIS to revoke the petition.

[vsk.engg]

Hi all,

I have got H1B petition approved in the Sept 2014. I went to Consular office in Canada(as I was working in Canada then), in sept 2014 it self, for the Visa stamping where the consular officer issued 221g Administrative Verification with some questions. I submitted the required answers with supporting documents as well.

After a few months I came to my home country where again I went to consular officer for stamping, in the month of Apr 2015(My employer suggested to try from the other consulate as well as it won't cause any issue). Unfortunately, the visa consular officer in my home country also issued a 221g with a questionaire, for which I submitted the answers and supporting documents in May 2015.

Just two days back , I have got a mail from Visa Consular as below.

sub : Notification of Intent to Revoke the Petition

mail : Dear Mr. xxxxxxx,

Based upon the documents you have submitted to the U.S. Consulate General Toronto and the information elicited in your interview with a U.S. Consular Officer, we are not able to issue you an H-1B temporary work visa.

In accordance with U.S. law and Department of State guidelines, action on your case has been suspended under section 221(g) of the Immigration and Nationality Act (INA), as amended. The I-129 Petition for a Nonimmigrant Worker filed on your behalf will be returned to the U.S. Citizenship and Immigration Services (USCIS) with a memorandum explaining the facts of your case as presented to us at the time of your interview.



Now , I have a few questions here.

1. Does it mean that the Consulate in Canada is going to recommend USCIS to revoke my H1B petition, meaning which my H1B petition is going to be invaild?
2. If that is the case how many days/months it might take for USCIS to take a decision ?
3. Can I transfer my H1B in this situation in case another employer is willing to transfer my H1B (through premium or normal processing)?
4. Until when, I can transfer my H1B petition to other employers?
5. Can I expect any thing positive from the consulate in my Home Country ?


Appreciate your response.



Thanks.

[shervin143]

1. Does it mean that the Consulate in Canada is going to recommend USCIS to revoke my H1B petition, meaning which my H1B petition is going to be invaild?
>>> Yes.

2. If that is the case how many days/months it might take for USCIS to take a decision ?
>>> It can take a month or two.

3. Can I transfer my H1B in this situation in case another employer is willing to transfer my H1B (through premium or normal processing)?
>>> Yes.

4. Until when, I can transfer my H1B petition to other employers?
>>> You can do it anytime.

5. Can I expect any thing positive from the consulate in my Home Country ?
>>> Nope. Once the petition is revoked, the consulate cannot issue you the visa.

[vsk.engg]

Thanks shervin143 for the reply.. I have a question regarding the point 4. As per the point 1, if the USCIS revokes the H1B petition, meaning which my H1B is going to be invalid, how can I transfer my H1B at any time , even after the USCIS revokes my H1B petition. Can you please advise me on this ?


Thanks

1. Does it mean that the Consulate in Canada is going to recommend USCIS to revoke my H1B petition, meaning which my H1B petition is going to be invaild?
>>> Yes.

2. If that is the case how many days/months it might take for USCIS to take a decision ?
>>> It can take a month or two.

3. Can I transfer my H1B in this situation in case another employer is willing to transfer my H1B (through premium or normal processing)?
>>> Yes.

4. Until when, I can transfer my H1B petition to other employers?
>>> You can do it anytime.

5. Can I expect any thing positive from the consulate in my Home Country ?
>>> Nope. Once the petition is revoked, the consulate cannot issue you the visa.

[shervin143]

Petition filed bythe current employer is revoked. Meaning, you can no longer work for that employer. The H1B CAP that you have secured will be valid for 6 years. Any new employer can file a new CAP exempt H1B petition for you using the CAP form your previous H1B petition (Even if the previous petition is revoked or expired). Once approved, you can apply for the visa using the new employers petition. Once visa gets approved, you can travel to U.S to work for that employer.

Thanks shervin143 for the reply.. I have a question regarding the point 4. As per the point 1, if the USCIS revokes the H1B petition, meaning which my H1B is going to be invalid, how can I transfer my H1B at any time , even after the USCIS revokes my H1B petition. Can you please advise me on this ?


Thanks