OF194 form

[srikanth2ma2]

Got OF194 Refusal Work Sheet from cosulate, any one know about what will be the next process?

i see in the form that Next Action: Contact USCIS and Consulate send my Petition to USCIS.

please let me know if any one got the same? dont know if my Petition is still Valid or not.

[kabkaba]

Unfortunately that means the consulate recommends to USCIS that your employer's petition be revoked. It is known to happen in cases of consulting type positions where the employer does not have sufficient proof that they have a legitimate job for the beneficiary.
You should find a different, real employer and then they can file for you again. They can still use the cap number from this petition and be cap exempt.

[srikanth2ma2]

Unfortunately that means the consulate recommends to USCIS that your employer's petition be revoked. It is known to happen in cases of consulting type positions where the employer does not have sufficient proof that they have a legitimate job for the beneficiary.
You should find a different, real employer and then they can file for you again. They can still use the cap number from this petition and be cap exempt.

can I do H1 transfer or need to apply new H1 Petition with new employer?

[kabkaba]

There is no difference between so called transfer and new petition using existing cap. Like I have already mentioned another employer can use the cap number from this petition to get exemption from cap.

[srikanth2ma2]

There is no difference between so called transfer and new petition using existing cap. Like I have already mentioned another employer can use the cap number from this petition to get exemption from cap.

sorry, what exactly the cap is it a Petition number?

[kabkaba]

Max 65000 Visas allowed every year. In a so called transfer the petition is not counted as one of those.