H1B Petition Withdrawn

[Manisai]

Dear Team/Kabkaba,

I have attended H1 interview in Dec 2012 and VO asked me to withdraw the petition even after submitting all the relevant documents. Now I have recieved a mail stating that my petition has been sent back to USCIS for revoking/reaffirmation.

Could you please let me know what are the chances of getting the VISA and is there any way to apply for a new petition with other employer for the upcoming year (Quota).

It would be of great help, if someone can clear off the above queries.

Thanks,
Manisai

[kabkaba]

The consulate will send your petition back to USCIS. USCIS will ask your employer why they should not revoke the petition. If USCIS is convinved by your employer's answer, they will re-affirm the petition. You can take the re-affirmed petition back to the consulate and they can issue you the Visa. But as it stands, the Visa application is denied. The above process can take 6 months to a year.

Irrespective of the above, you are exempt from annual cap. Another employer can file a cap-exempt petition for you at any time.

[Manisai]

Thanks for the response Kabkabka.

However would like to know what are the chances of getting back the reaffirmed petition as it has been mentioned out in the rejection letter that the petition has been sent back to USCIS on the following sections 9FAM 42.43 N2.2(3) and 9FAM 41.53 N2-3.

Is there any way where we can track the status. Also can I go for a fresh petition not using the cap-exempt quota. Please suggest.

Thanks,
Manisai

[kabkaba]

Chances cannot be predicted. There is no way to track it. You are exempt from annual cap like already mentioned.

[Manisai]

Thanks for the response Kabkabka.

Any idea about the sections that I have mentioned below and what does those stand for?