Urgent case sent back to USCIS, Please Help

[shriss]

Got a letter from DOS

Based on the documents you have submitted to us, and the information elicited in your interview with an American Consular
officer, we are not able to issue you on H-1B temporary work visa, becasue:

Your petitioner does not appear to be either able or willing to provide qualifying employment int the Unisted States in
accordance with appropriate laws and regulations.

In accordance with United States law and Department of State guidelines, action on your case has been suspended, and
the I-129 Petition for Non-Immigration Services worked filed on you behalf will be returned to the Unisted States
citizenship and Immigration Services(USCIS) with a memorandum explaining the facts of your case as presented to us at the time
of interview. The U.S. Embassy in New Delhi is no longer handling your case, and will be unable to give you any information on the status
of you petition.

For you information, your visa was refused today under Section 221(g) of the Immigration and Nationalilty Act (INA). Essentially, this section
states that a visa cannot be issued to anyone whose application does not appear to the Consular Officer to meet the requirements of the
INA or of the regulations thereunder.

Please help me in suggesting what to be done on this.

[shervin143]

You can look for a new employer who can file a fresh H1B petition for you or file a new petition using the existing CAP from the revoked petition.

[shriss]

This means that my existing H1 is revoked?

How long could it take if my employer is going to challenge the case back?

last question will there be any problem if i apply for new H1 and go for Visa interview again?

[txh1b]

You can look for a new employer who can file a fresh H1B petition for you or file a new petition using the existing CAP from the revoked petition.

The petition revoked by the consulate for reasons mentioned are recaptured into the cap. Hence, the person will not be able to use such petitions to transfer to a new employer. It would be different if the petition were revoked by the employer, what you say is possible.

Has to be a fresh new H1 with a new cap number if USCIS was informed by consulate/DOS.

[shervin143]

This means that my existing H1 is revoked?
>>> Yes.

How long could it take if my employer is going to challenge the case back?
>>> The petition is already sent for revoke.

last question will there be any problem if i apply for new H1 and go for Visa interview again?
>>> You mean through a different employer? - NO issues as long as they have a job and the documents are in proper order.

[shriss]

Thanx for your quick and informational response!!!

If any employer is ready to have a new petition then is it considered as H1 transfer or do i need to wait for the quota to start, like April 2011?

[shervin143]

If any employer is ready to have a new petition then is it considered as H1 transfer or do i need to wait for the quota to start, like April 2011?
>>> See txh1b's response below. It has to be a fresh petition under a new CAP. The CAP for the current year is still open. So you don't have to wait until next April as long as you find an employer before the CAP runs out.

[shriss]

thanx Shervin and txh1b, will try to find an employer who is ready to apply new H1b..