Cap exempt for an H1B petition which is revoked after 221g

[Dhanya2006]

Hi
I had an approved H1B petition from Employer-A in 2009 valid for 2009-12
But in the embassy while I went for stamping,I got 221g asking for Employer details-full details(wage report/client info etc)
Then Employer-A lost the client due to delay and advised the petition to get revoked later during 2010.

Now Employer-B has a position for me but we missed the 2012 cap.
Can I use the approved H1B petition of 2009 (which is later revoked) to get exempt from cap.I have the receipt no. and copy of the same.
Please advise.This is urgent.
Regards

[kabkaba]

Yes, you can use the cap number from a revoked petition to claim exemption.

[Dhanya2006]

Cap exempt for an H1B petition which is revoked after 221g

Hi
Thanks for the reply.
What do you mean by the "cap number in the revoked petitition"?
Do you mean the EAC-xx-xxx-xxxxx no.
Please reply.
Regards

[praki]

Yes that is the one . it is called the petition number . also the lawyer might ask for a copy of the approval doc just to make sure that he has the correct number . (but nto a mandate though )

[km1980]

Cap exempt for an H1B petition which is revoked after 221g

Hi
I have the same situation.
I had an approved H1B petition from Employer-A in 2008 valid for 2008-2011
But when I went for stamping to the embassy, they refused the visa and issued 221g asking for Employer details.The employer gave me all the docs mentioned in the 221g blue form.I submitted them in the US embassy but still the consulate sent the petition back to USCIS for revocation.
Later during 2009 the USCIS send a letter to my employer the intend to revoke the petition [advised by the US embassy]
This is the content of that mail
"Dear Sir/Madam: On May xx, 2009. you were notified of the United States Citizenship and Immigration Services' intent to revoke the petition you filed for the beneficiary on April 1, 2008. You were granted an opportunity to submit any evidence you thought would overcome the grounds of revocation. The record does not include a response to that request for evidence. Therefore, the grounds of revocation have not been overcome. Matter of Estime, Interim Decision 3029 (BlA 1987). The approval of your petition is revoked."
My Employer-A didn't sent any evidence since he lost the client due to the delay and when I check the status in the USCIS website using my petition no., it shows"Initial review".

Now Employer-B has a position for me but he missed the 2012 cap.
Can I use the approved H1B petition of 2008 (which is later revoked) to get exempt from cap.I have the receipt no. and copy of the same.
Please advise.
Regards

[abhi555]

Yes, you can use earlier H1 petitions. Only thing .. there are 6 years on H1b. So unless you have 140 approved you can get new petition approved only for
6 - (the years you spend of previous h1) years.

[km1980]

Cap exempt for an H1B petition which is revoked after 221g

Hi abbi
I don't have an approved I-140.
Though my H1B petition is approved,I didn't get a chance to use it, due to 221g and following petition revocation(as described in the previous mail). I never got a H1B visa stamp.
So what is my chance.
Please reply.
Regards

[torrentkid]

Hi abbi
I don't have an approved I-140.
Though my H1B petition is approved,I didn't get a chance to use it, due to 221g and following petition revocation(as described in the previous mail). I never got a H1B visa stamp.
So what is my chance.
Please reply.
Regards

Hi km1980... Can you please tell what you did? Were you able to file a cap exempt petition?

[rohanbhadekar]

H1 Cap exempt approved but 221g is pending

Hi km1980... Can you please tell what you did? Were you able to file a cap exempt petition?

Hi all,

I came on vaction from USA on Oct 2015. As my new visa(expiring on 12 dec 2015) was not stamped, I had appeared for an interview on oct 2015 and got 221g white slip. I have sent all the details/documents on same day. It has been 3 months but 221g is still pending

Meanwhile my company had filed H1 cap extension in premium as my visa extendion valid uptp 12 dec 2015 was expired. And now my cap extension is approved.

Do I need to wait for 221G to approved ? Is 221G is seperate process than visa approval ?

[dineshetwa321]

H1 Cap exempt approved but 221g is pending



Hi all,

I came on vaction from USA on Oct 2015. As my new visa(expiring on 12 dec 2015) was not stamped, I had appeared for an interview on oct 2015 and got 221g white slip. I have sent all the details/documents on same day. It has been 3 months but 221g is still pending

Meanwhile my company had filed H1 cap extension in premium as my visa extendion valid uptp 12 dec 2015 was expired. And now my cap extension is approved.

Do I need to wait for 221G to approved ? Is 221G is seperate process than visa approval ?

What happen in ur case ? can u call me + 91 90264 40263 , please help .

[dineshetwa321]

Kindly help ..
My 797 validity is expired after waiting 3 month for 221g.
Now my company is going to file cap exempt H1B ext for same company client location.
Suppose If H1B ext is approved in premium then

1. can I go for stamping while current 221g is pending ? OR
2. if I will go they will give AGAIN 221g since for same company ,client and location one 221g is pending ?

Thanks much.
Kindly help