H1B Status is revoked, Visa NOT stampped, is transfer possible under cap-exempt?

[mr.somnathsinha]

Hi Experts,

Please help me.

1. I had a H1B approved petition which has expired in dec 2015. The petition was approved on 2013. The visa is NOT stamped.
2. Petition was filed by employer X in india, now I am employed with employer Y in india.
3. I have never travelled to US before.
4. I have the soft copy of I797 with me and I am willing to travel to US ASAP.
5. I just find that the status for my H1B says its Revoked.

Questions?
1. What does status "Revoked" mean?
2. Can it be renewed? Can employer Z transfer the petition with them? and get the visa stamped under cap exempt?

Thanks,
Som.

[raghvi]

Hi Experts,

Please help me.

1. I had a H1B approved petition which has expired in dec 2015. The petition was approved on 2013. The visa is NOT stamped.
2. Petition was filed by employer X in india, now I am employed with employer Y in india.
3. I have never travelled to US before.
4. I have the soft copy of I797 with me and I am willing to travel to US ASAP.
5. I just find that the status for my H1B says its Revoked.

Questions?
1. What does status "Revoked" mean?
2. Can it be renewed? Can employer Z transfer the petition with them? and get the visa stamped under cap exempt?

Thanks,
Som.

Revoked by the employer or by USCIS?

[mr.somnathsinha]

Revoked by the employer or by USCIS?

HI Raghvi,

It was Approved before. I did quit the employer who files this petition on Feb 2014, they also told me that they will cancel the petition. But I am not really sure who revoked it... I have no email regarding the same... Is there a way I can know that?


Below is the response in USCIS website.

Revocation Notice Was Sent
On August 18, 2014, we revoked the approval of your case, Receipt Number EAC13######, and mailed you a revocation notice. It explains the reasons for our action. Please follow the instructions in the notice and submit any requested materials. If you do not receive your revocation notice by September 1, 2014, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

[raghvi]

HI Raghvi,

It was Approved before. I did quit the employer who files this petition on Feb 2014, they also told me that they will cancel the petition. But I am not really sure who revoked it... I have no email regarding the same... Is there a way I can know that?


Below is the response in USCIS website.

Revocation Notice Was Sent
On August 18, 2014, we revoked the approval of your case, Receipt Number EAC13######, and mailed you a revocation notice. It explains the reasons for our action. Please follow the instructions in the notice and submit any requested materials. If you do not receive your revocation notice by September 1, 2014, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

If it was revoked based on employer's ask them you would be cap exempt. If it was revoked by USCIS because it felt that the initial petition approval was granted erroneously then you will not be.Its kind of a grey area, the only way to find out is by asking the next employer file their own cap exempt petition.

This is my opinion not legal advice.

[mr.somnathsinha]

Thanks Raghvi

If it was revoked based on employer's ask them you would be cap exempt. If it was revoked by USCIS because it felt that the initial petition approval was granted erroneously then you will not be.Its kind of a grey area, the only way to find out is by asking the next employer file their own cap exempt petition.

This is my opinion not legal advice.

Thanks a lot Raghvi. Its helpful.

I tried www.uscis.gov/e-request but did not find the related form in the drop down

Any guess whom they might have send the revocation notice? is it the attorney law firm or my previous employer? Can't i get another copy of the same????? they say the reason is mentioned in the revocation notice.