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H1B Petition withdrawn by Employer by mistake

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  • H1B Petition withdrawn by Employer by mistake

    My Employer had to withdraw some other 'Ankita Gupta's' petition but withdrew my petition instead because of the same name. How can I save my petition? Will the Embassy consider this request because the same name caused the confusion.

  • #2
    Are you currently inside U.S working for the employer or you outside U.S. Was this a brand new H1B petition that was filed in 2015 under a new CAP (quota). If yes, when did the employer withdraw the petition (before or after Oct 1st)?
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      Are you currently inside U.S working for the employer or you outside U.S. Was this a brand new H1B petition that was filed in 2015 under a new CAP (quota). If yes, when did the employer withdraw the petition (before or after Oct 1st)?
      No Shervin, I'm not in the US.This was a brand new H1B petition that was filed in 2015. I'll confirm the dates with the employer. Meanwhile can you update what happens if this is withdrawn before or after Oct 1.
      I really want to save my H1B and my company is regretting their mistake.

      Comment


      • #4
        If it is a brand new H1B petition, then the CAP will be active only after Oct 1st. If the employer withdrew the petition before Oct 1st, then you are no longer exempted from CAP. A new CAP exempt petition will not be possible and you have to file a new H1B petition again in 2016 April with an effective date of Oct 1st or later in 2016, which will be subjected to a brand new CAP and lottery. If it was withdrawn after Oct 1st, then you are CAP exempted and a new H1B petition can be filed anytime.

        Your legal team should be so stupid to commit a mistake like this.

        Originally posted by Ankita12 View Post
        No Shervin, I'm not in the US.This was a brand new H1B petition that was filed in 2015. I'll confirm the dates with the employer. Meanwhile can you update what happens if this is withdrawn before or after Oct 1.
        I really want to save my H1B and my company is regretting their mistake.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Contacted the USCIS Customer Representative

          Hi Shervin,
          I have my Receipt number now, and contacted the USCIS Customer rep, she said my Employer first needs to write to USCIS that it was withdrawn accidently. She gave me this path for Employer to write-
          Go to www.uscis.gov > Check Your case status > Manage Your Case has 4 options - Change of address , Submit a case enquiry , USCIS Processing Times Information , USCIS Office Locations
          I'm unable to find where this request can be made. Please help!

          Comment


          • #6
            You cannot check this. Only the employer / attorney has access since it is their petition. Like advised, ask your employer to write to USCIS that they made a mistake. USCIS can make corrections and issue you a new I-797. Since this is employer's mistake, they will need to pay the processing fee.

            Originally posted by Ankita12 View Post
            Hi Shervin,
            I have my Receipt number now, and contacted the USCIS Customer rep, she said my Employer first needs to write to USCIS that it was withdrawn accidently. She gave me this path for Employer to write-
            Go to www.uscis.gov > Check Your case status > Manage Your Case has 4 options - Change of address , Submit a case enquiry , USCIS Processing Times Information , USCIS Office Locations
            I'm unable to find where this request can be made. Please help!
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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