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URGENT.. please ( H1B Query), DHS petition reconsideration !!!

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  • URGENT.. please ( H1B Query), DHS petition reconsideration !!!

    Hello,
    I attended H1b interview in Munich (Germany) in mid of June'2007, later they asked for some more documents about the employer and i submitted them a month back.
    Two days back i got a letter from Munich consulate stating " Your petition has been returned to Department of Homeland Security(DHS) for reconsideration. In your case, petitioner did not meet the necessary criteria of the visa category. We have asked DHS to revoke the petition. we will contact you once the final decision has been made on your application and here we are returning supporting documents."

    I fnished my MS in Germany and working here for past 2 years and my employer's company in usa is bigger with approx 150 employees.

    What exactly the letter means ??
    Can i ask to cancle my application process and to return my INS approval form(I-797) ??
    After i cancle my process, is it ok to attend at other consulate Berlin(in the same country) (or) in India (or) does it make any difference ??

    (or)
    Should I procedd anything through usa employer's attorney?

    what should I do now ??

    Please help me regarding this issue.


    Thank you,

  • #2
    H1 issues

    I attended H1b interview in Munich (Germany) in mid of June'2007, later they asked for some more documents about the employer and i submitted them a month back.
    Two days back i got a letter from Munich consulate stating " Your petition has been returned to Department of Homeland Security(DHS) for reconsideration. In your case, petitioner did not meet the necessary criteria of the visa category. We have asked DHS to revoke the petition. we will contact you once the final decision has been made on your application and here we are returning supporting documents."

    I fnished my MS in Germany and working here for past 2 years and my employer's company in usa is bigger with approx 150 employees.

    What exactly the letter means ??
    Can i ask to cancle my application process and to return my INS approval form(I-797) ??

    ---- NO, it cannot be done at this stage as the I-797 has already been sent to DHS

    After i cancle my process, is it ok to attend at other consulate Berlin(in the same country) (or) in India (or) does it make any difference ??

    ---- First of all the I-797 cannot be cancelled and once cancelled by DHS, you cannot attend any other US consulate for a Visa interview

    (or)
    Should I procedd anything through usa employer's attorney?

    ---- Yes, you can ask the employer's attorney to reconsider the application, but that may be after you receive a decision by DHS

    Subramanya

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