H1B visa stamping was rejected due to empolyer's misrepresentation of my client document


Your help can change my life!!

I completed my masters in US, my H1B petition was selected in 2018 and after RFEs it was approved in Feb 2019 till March 2021.

During April 2019, I planned for India trip and eventually reserved a slot for my H1B visa stamping as well.

After the H1B visa interview, I was given 221G form and I taught that was just for administrative processing. However, USCIS reached out my end client for further verification on my documentation.

My end client then responded to the USCIS saying that the provided employer details on the client document was wrong.

After receiving all these details through the attorney my employer withdrew the H1B petition (all these details were unknown to me at that time as my employer informed only after the completion of H1B withdrawal process).

Knowing that my employer withdrew my H1B petition – the consulate denied the H1B case under 221G and was responded back to me with the FO-194 letter (denial of the stamping process).

I would like to clarify some questions regarding what I can do/proceed further with any H1B process:

  1. Am I still considered as a CAP candidate need lottery (as my H1 already approved – should I be waived from that)? Or exempted from CAP category?

  2. What should I do if I find a new employer – should I file a new H1B only in April under CAP or Can my employer file/transfer at any time of the year?

  3. Are there any other suggestions to get back into US with the help of my H1 (no F1 or B1 and etc…)?

What is the status of your H1B petition shown on USCIS case status website?