H1B Update mail from USCIS after 1yr of rejection

[joydeep_mondal]

Hi All,

My H1B visa got approved on Jan-2011, but while stamping they rejected the application (june-2011). Now after 1 year I got an update mail from USCIS with below line:


On June 8, 2012, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.


Now the company which have filed this application is saying that there might be a change of getting it approved.

The question what I am having is, what are the chances that this case will be approved.

Thanking you in advance for your insite.

Regards,
Joy

[kabkaba]

After denying your Visa, Dept. of State (Consulate) sent the petition back to USCIS. USCIS will ask your employer why they should not revoke the petition. If USCIS is satisfied with your employer's response, they will re-affirm the petition. You can then take the re-affirmed petition back to Consulate and get the Visa.

[joydeep_mondal]

Thanks a lot for the response.

The then employer have contacted me and again asked me if I would like to join them now. I told yes. So, they might start the process again.

Hope things works our fine. But then again, any idea of the time frame!!!!! I know there is none but still asked..


Thanks again for the response.

Regards,
Joydeep

[kabkaba]

If they are filing a new petition (cap-exempt or cap-subject), it will have the same usual timeline, 15 days premium and 2-3 months regular. Visa application will come after that.
If they are trying to re-affirm the previous petition, timeline cannot be predicted.
Irrespective of the above, you remain cap-exempt, any employer can file for you.

[joydeep_mondal]

Thanks a lot for the insite.

The current employer is not filing any new petition for me. They asked me to wait.

This is really a very good information you shared. Thanks again.

Regards,
Joy