H1B petition going to be revoked, H1B Transfer is possible ? Is it Cap Exempt ?

[amitinc]

Hi,

I am new to this forum so please bare me if I would have posted at wrong place. I am from Bangalore,India.

Here is my situation :

1. I got approved H1B petition in July-13, with validity till September-2016.

2. I went for Stamping in August-13, where Chennai Consulate has given Blue Slip - 221 G and informed that petition being returned to USCIS for review and possible revocation. Consulate also took the original petition.

3. On September,2014, my employer received NOIR, with some problem with employment.

4. Now employer is not appealing and informed me that they are going to revoke it.

Now, I want to understand below :

1. Is it possible to do H1B transfer ?

2. Am I Cap Exempt ?

3 .How does this Revocation impact me in future for H1B transfer and stamping.

Waiting for experts opinion, this will help me ....

Thanks a lot in advance....

- Amit

[raghvi]

Hi,

I am new to this forum so please bare me if I would have posted at wrong place. I am from Bangalore,India.

Here is my situation :

1. I got approved H1B petition in July-13, with validity till September-2016.

2. I went for Stamping in August-13, where Chennai Consulate has given Blue Slip - 221 G and informed that petition being returned to USCIS for review and possible revocation. Consulate also took the original petition.

3. On September,2014, my employer received NOIR, with some problem with employment.

4. Now employer is not appealing and informed me that they are going to revoke it.

Now, I want to understand below :

1. Is it possible to do H1B transfer ?

2. Am I Cap Exempt ?

3 .How does this Revocation impact me in future for H1B transfer and stamping.

Waiting for experts opinion, this will help me ....

Thanks a lot in advance....

- Amit

1. No its not possible for a transfer.
2. I dont think so that you are cap exempt.
3. Not much unless there was a problem with your documentation.

This is my opinion not legal advice.

[amitinc]

1. No its not possible for a transfer.
2. I dont think so that you are cap exempt.
3. Not much unless there was a problem with your documentation.

This is my opinion not legal advice.

How Come it is not possible to transfer ? As I was having valid approved petition. My Employer say I am cap exempt.

Is not that correct ?

[raghvi]

How Come it is not possible to transfer ? As I was having valid approved petition. My Employer say I am cap exempt.

Is not that correct ?

USCIS is possibly going to revoke the original petition itself based on certain new facts about your employer. Have you confronted your employer as to what was the "problem with the employment"

Where is the question of having a valid approved petition when USCIS itself who grants the valid approved petition revokes the original petition?

This is my opinion not legal advice.

[bajarang]

Hi Amit Could you please let me know what you have done for the H1B?

Hi Amit,

Could you please let me know what what you have done after NOIR?

Thanks,
Bajarang