H1 Petition Sent back to USCIS

[babu16]

Hi

After being in Administrative process for 3 months, I got a letter that my petition is being sent back to USCIS with a possibility to revoke my petition. Since the time my petition went into administrative processing I have been working from home for my client in US. Now that I have visa refusal letter and petition being sent back to USCIS, Can I still continue to work from home(My Work Permit is valid till 2015) ? what are my options now that the petition is being sent back ?

Any response is greatly appreciated.

Thanks
Babu

[shervin143]

After being in Administrative process for 3 months, I got a letter that my petition is being sent back to USCIS with a possibility to revoke my petition. Since the time my petition went into administrative processing I have been working from home for my client in US. Now that I have visa refusal letter and petition being sent back to USCIS, Can I still continue to work from home(My Work Permit is valid till 2015) ?
>>> Yes. Who you work for outside U.S is not an issue.

what are my options now that the petition is being sent back ?
>>> Try to get the H1B transfer to another U.S employer and attend the visa interview again. It is better to directly work for the client or at least with the preferred vendor and avoid layers between your employer and the client.

[babu16]

Thanks for the Reply Sherwin, I just want to confirm again. I have been working in US for over 7 years, I came here to visit my parents and at the same time I had to renew my visa, as my petition went into administrative process I have requested my client for work from home, since three months I have been doing work from home. Since today I have received visa refusal letter I'm asking whether I can still continue to work from home ? Thanks again for you time

After being in Administrative process for 3 months, I got a letter that my petition is being sent back to USCIS with a possibility to revoke my petition. Since the time my petition went into administrative processing I have been working from home for my client in US. Now that I have visa refusal letter and petition being sent back to USCIS, Can I still continue to work from home(My Work Permit is valid till 2015) ?
>>> Yes. Who you work for outside U.S is not an issue.

what are my options now that the petition is being sent back ?
>>> Try to get the H1B transfer to another U.S employer and attend the visa interview again. It is better to directly work for the client or at least with the preferred vendor and avoid layers between your employer and the client.

[shervin143]

Yes.

Thanks for the Reply Sherwin, I just want to confirm again. I have been working in US for over 7 years, I came here to visit my parents and at the same time I had to renew my visa, as my petition went into administrative process I have requested my client for work from home, since three months I have been doing work from home. Since today I have received visa refusal letter I'm asking whether I can still continue to work from home ? Thanks again for you time

[babu16]

Thanks for your response Shervin, I followed couple of forums and I see lot of your responses. I really appreciate the effort you put in clearing people's questions. Thanks again.

Yes.

[babu16]

Hi Shervin,

As my H1 visa is refused and sent back to USCIS, is there any way to track my case with USCIS ? If I enter my petition number in the below link it just gives the date my petition was approved. Any help is appreciated.

Thanks
Babu

Yes.

[shervin143]

There is no option to track your case online once the petition is sent back to USCIS for revalidation. You will have to wait for their response. If it take more time (say after 90 days), your company attorney can take an infopass appoint to check the status with USCIS.

[gojo123]

Hi Babu:

I am sorry to hear about your H-1B visa case. I have been waiting to hear back from the US embassy in Delhi for the last three months as well. I interviewed in April. Did you get any Senator's office involved in your case? What color 221(g) letter did you receive? Did you submit all requested documents? I appreciate your comments. Hopefully, you will find some other employer who will be able to sponsor you and facilitate your return back to the US

[babu16]

Sorry for the delayed response,

Did you get any Senator's office involved in your case?
I did not get any Senator's involved.

What color 221(g) letter did you receive?
White Form

Did you submit all requested documents?
They did not ask me any documents since I submitted all the documents they requested at the time of interview itself.

All the Best.

Hi Babu:

I am sorry to hear about your H-1B visa case. I have been waiting to hear back from the US embassy in Delhi for the last three months as well. I interviewed in April. Did you get any Senator's office involved in your case? What color 221(g) letter did you receive? Did you submit all requested documents? I appreciate your comments. Hopefully, you will find some other employer who will be able to sponsor you and facilitate your return back to the US

[babu16]

Hi Shervin,

Just to recap I'm on EVC model, My visa got refused under "employee-employer" relationship. Now I'm thinking to transwer my H1B to my prime vendor. Just wanted your suggestion if this is a good idea if not please do suggest what should be my approach.

Thanks
Srinivas

There is no option to track your case online once the petition is sent back to USCIS for revalidation. You will have to wait for their response. If it take more time (say after 90 days), your company attorney can take an infopass appoint to check the status with USCIS.

[shervin143]

You can certainly do that. No issues.

Hi Shervin,

Just to recap I'm on EVC model, My visa got refused under "employee-employer" relationship. Now I'm thinking to transwer my H1B to my prime vendor. Just wanted your suggestion if this is a good idea if not please do suggest what should be my approach.

Thanks
Srinivas

[babu16]

Got my petition re-affirmed got re-interviewed. I was asked routine questions and visa was issued. Thanks for all the replies.

You can certainly do that. No issues.

[sujitbatsa]

How did you know that your case sent back to USCIS?

Hi,

My case:-
B2 on JAN12 = Rejected
Interview (L1B) on Nov12 = Rejected without any specific reason.
Interview again on 31/12/12 = 221G....This time sent for AAP...... VO did not ask for any documents to submit.

This time they taken my passport and I797.

CEAC and VFS tracking systems showing same message since 3rd Jan13......
CASE CREATED DATE - 28/12/12
STATUS UPDATED DATE = 03/01/13

Nothing changed for last 32 days.

It will help me if I you asnwer my few questions..

1. How do you know that your case sent back to USCIS?
2. Your case status was updating every week?
3. Did they taken your passport and I797?
4. How many days taken to get visa stampped?


Please help me so that I can relax.



Sujit

[haidmo]

I think you should relax, you case looks normal verification process.

And you would not know if your petition is being sent back to USCIS unless they intimate you, which they would!

Hi,

My case:-
B2 on JAN12 = Rejected
Interview (L1B) on Nov12 = Rejected without any specific reason.
Interview again on 31/12/12 = 221G....This time sent for AAP...... VO did not ask for any documents to submit.

This time they taken my passport and I797.

CEAC and VFS tracking systems showing same message since 3rd Jan13......
CASE CREATED DATE - 28/12/12
STATUS UPDATED DATE = 03/01/13

Nothing changed for last 32 days.

It will help me if I you asnwer my few questions..

1. How do you know that your case sent back to USCIS?
2. Your case status was updating every week?
3. Did they taken your passport and I797?
4. How many days taken to get visa stampped?


Please help me so that I can relax.



Sujit

[sujitbatsa]

Passport returned without visa.

Hi,

Today they returned my passport, I797 with a letter mentioned that....
"They are sending my L1B petition to USCIS to review because I failed to describe my job duties and the project will be working on".

I am not sure how they come to this even I answered all questions (very few asked) very well.


What will be the process now?
Now any hope for me to get visa?
How much time it will take?
Can I apply again using same petition I-797?

I will be very thankfull if someone clear my queries.



Sujeet

I think you should relax, you case looks normal verification process.

And you would not know if your petition is being sent back to USCIS unless they intimate you, which they would!