Question on H1

[visa_user]

Hi All,

Need some information:

My spouse had filed one H1B in Apr 2009 which got approved and which was valid from Oct 2009.

He got one project in 2010 and wanted to travel on it but didn't get it stamped in embassy. Rather got a pink slip and His employer had provided necessary documents for that.

On that status, officer had raised few concerns like low package etc and said he would send request to uscis to reject it.

But We don't think it happened because when we see his EAC status today, we find below:

"On July 28, 2011, we received your response to our Request for Evidence for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC0916751496. Our Vermont Service Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you. "

He came to USA in Apr 2015 on L1. Can he use that H1 B and get this transferred to some other employer now under cap exempt category ?

[raghvi]

Hi All,

Need some information:

My spouse had filed one H1B in Apr 2009 which got approved and which was valid from Oct 2009.

He got one project in 2010 and wanted to travel on it but didn't get it stamped in embassy. Rather got a pink slip and His employer had provided necessary documents for that.

On that status, officer had raised few concerns like low package etc and said he would send request to uscis to reject it.

But We don't think it happened because when we see his EAC status today, we find below:

"On July 28, 2011, we received your response to our Request for Evidence for your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC0916751496. Our Vermont Service Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you. "

He came to USA in Apr 2015 on L1. Can he use that H1 B and get this transferred to some other employer now under cap exempt category ?

2011 was long back wonder what the RFE response that was submitted and by whom when the employer had already given the pink slip to your spouse. The petition may eventually be revoked by USCIS and hence may no longer be cap counted. I would suggest you talk to an attorney to determine the options.

This is my opinion not legal advice.

[visa_user]

2011 was long back wonder what the RFE response that was submitted and by whom when the employer had already given the pink slip to your spouse. The petition may eventually be revoked by USCIS and hence may no longer be cap counted. I would suggest you talk to an attorney to determine the options.

This is my opinion not legal advice.

Employer hadn't given pink slip rather embassy had given pink slip asking for evidences to which his employer responded.

and as I mentioned Case status from USCIS site, I doubt they have revoked it otherwise they would have mentioned about revoking it.