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H4-H1 - Petition was Withdrawn by Employer

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  • H4-H1 - Petition was Withdrawn by Employer

    Hi,
    My H1b Petition was picked in 2016 lottery and I was given receipt # by my consultancy.

    I first received RFE for client letter on Sept 2016 and My consultancy asked to search a job so that they can respond to RFE with client letter.
    I gave interviews and got job with Client X,mean while consultancy responded to RFE with another client letter say Y.

    Since i have got job offer from Client X , consultancy converted by visa to premium processing and then Withdraw my petition.

    When i inquired, consultancy informed that USCIS called Client Y and asked them if they have given me job or not. and because it was not genuine client letter , USCIS asked questions to attorney regarding client letter and attorney took decision to withdraw petition on-fly.

    Is there any way to proceed and re-apply ? also if want to apply for H1b in 2017 am i eligible for cap-exemption ? or i still will have to go-through lottery?

    please help.Thanks

  • #2
    Originally posted by pinkyd1885 View Post
    Hi,
    My H1b Petition was picked in 2016 lottery and I was given receipt # by my consultancy.

    I first received RFE for client letter on Sept 2016 and My consultancy asked to search a job so that they can respond to RFE with client letter.
    I gave interviews and got job with Client X,mean while consultancy responded to RFE with another client letter say Y.

    Since i have got job offer from Client X , consultancy converted by visa to premium processing and then Withdraw my petition.

    When i inquired, consultancy informed that USCIS called Client Y and asked them if they have given me job or not. and because it was not genuine client letter , USCIS asked questions to attorney regarding client letter and attorney took decision to withdraw petition on-fly.

    Is there any way to proceed and re-apply ? also if want to apply for H1b in 2017 am i eligible for cap-exemption ? or i still will have to go-through lottery?

    please help.Thanks
    If the petition was withdrawn without being approved, you have to go through lottery again next year.
    This is just my opinion, not a legal advice.

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