I have approved H1B Petition but I got 221g my employer did not reply from past one year , Can I Change the employer and apply for cap exempt visa.
I spoke to one of the lawyer and she told that my petition is not valid as I did not work in US nor Visa is stamped in my passport, Is this correct can you please help me with this.
Legally, H1B petition stays valid but the chances of H1B transfer approval get low as you have not activated it by entering US on H1B visa.
I have answered same question in detail earlier here:
I did not understand it exactly so your are saying I can’t to anything with my petition?
What I am saying is that you CAN file H1B transfer but there is a risk to get an RFE to ask for previous H1B status.
If you do get RFE for proving previous H1B status, then you won’t be able to prove it as you never worked on H1B before.
There is a 50-50 chance.
So you are saying to file new H1B petition now ?
You are trying to put words in my mouth and not trying to understand the answer to your initial question.
Both options are open i.e. either file a NEW cap subject H1B in April 2019 or file an cap-exempt H1B transfer using old petition (has high risk of RFE).
Ok I got you now:stuck_out_tongue:, But what ever I understood in my discussion with lawyer today morning is that , She is saying that petition is not valid
Different attorney have different opinion based on the current situation they may have encountered.
The H1B petition once approved stays valid if it is not explicitly withdrawn by the employer.
Legally, you can use to file transfer and extensions.
My case status is showing as this Anil, On November 9, 2017, we revoked the approval of your case, and mailed you a revocation notice.
It explains the reasons for our action. Please follow the instructions in the notice and submit any requested materials.
If you do not receive your revocation notice by November 23, 2017. What do you mean by explicitly withdrawing?
Wow…you never told earlier that your case has been revoked by USCIS!
You always said that your case has been approved. That’s mis-information.
Revocation means that your H1B has been explicitly revoked by USCIS as it sounds from what you mentioned now.
You CANNOT use a revoked application (revoked by USCIS by issuing NOID) for anything now.
If you had shared this information earlier, my response would have been same as your attorney.
Your only option in this case is to file a new H1B application in April 2019 lottery season.
Sorry for this but i can’t remember the discussion from other places.
I answer hundreds of questions everyday and can’t recall everything about your case if its not on same page.
So, you should have mentioned it here on this page in our discussion.
The whole purpose of creating a separate page here is to make it easy for us to understand the whole conversation context.
My apologies in this case. But, please do keep in mind for future as i can’t remember your case details.
Np Anil, will surely do the same from next time, One last ? I have one sponsor saying that he will file for new H1B petition this year , But the thing is he has taken my documents yesterday will time be sufficient for him to file the LCA now? Can I trust him.
The time is not sufficient for LCA approval at this time.
But the cap is also expected to be full until around end of April 2019 first week.
So, you do have a slight chance there if your Employer can send the application before it closes.
Hi Anil, If you dont mind can you please ping me on this email Id ravichavaa@gmail.com I have few questions which I can’t ask here. Thanks
Hi @ravich
Private consultation on am22tech.com is not free.
Let me know if you are interested in paying and we can set up time.
Hi Anil my ? is previously you answered this question , If you don’t mind I just want to know is this case different from my case.
It varies but from your case, it appears to me that USCIS issued a NOID.
When an employer asks for case withdrawal, then you are eligible for using the H1B for transfer.
But, if USCIS themselves revokes it because your employer was not able to respond to USCIS queries, then you are not eligible.
Do you know your case details? Do you have the copy of reasons sent by USCIS as to why they revoked it?
If you have the copy, then we can suggest anything.
Otherwise, I would suggest to file a new H1B in lottery.
I don’t have copy but my employer told me before revoking my petition, He also told like we can file in cap exempt later when premium processing starts.
