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Currently i am on H4, holding old H1b pending in 221g,can we procede fining new one under cap

0 votes

Hi team,

Good day, 

This blog is nice, answers were helpfull.

 i am putting my case history in below word's.

i have got approved my First H1b in 2015. I have been to stamping to india consulate on 11-Sep-2015. Interview was formal and VO told me that everything looks fine but require detailed project document ( given me 221g Blue Slip). Later with in a month we have submitted the project documents via email to consulate, the status was pending in consulate for couple of months. i have reached them regarding status updates for while, later days it was told that its still pending for review. ( First H1b is not Denied, its still under Administrative Processing, in USCIS it shows that case is under review )

Since has been long wait, to support my family in US. I have came to US on  H4 dependent in June 2016 ( H4 visa was stamped in 14 May 2016 ). Currently i am looking to transfer my H1b. 

Recently i have cracked an interview where my employer planned to fine new h1 under cap, but my client was bit doughtfull regarding the process. He clearly says that my first h1b is under 221g and later i came on h4, in this case people thing that if docs are good then filing will change my h4 status to h1 but its not that easy. new filing wont be approved. Is that true ? since in later days i came on H4 cant my employer file me new H1 under cap which will turn my status. 

i got really nervous, even last time i had bad experience, in between in August 2015 i got another oppurtunity where my employer submited vendor letter and his Purchase order, i have got rfe on client letter which he havent submitted, he again submited client relationship docs i think ( as he was not transparent ) and mine 129 was denied.

Again l was lucky and struck again as my employer have got Purchase order from middel vendor and vendor letter from CTS, unfortunatly this time i have multiple layers in between. my employer got po from middel vendor and CTS vendor letter.

ME --> my employer --> middel vendor --> CTS Prime vendor -->> Client 

in this case can my employer file H1b under cap will it turn my fate changing my h4 to h1 status. 

Please suggest on the same.

asked Feb 12 in H1B Visa by raki.reply (180 points)

1 Answer

0 votes
Respected Attorneys - I need your kind Help and valuable inupts on my H1B Case

I resigned a company in home country in October 2016 came on H4 in US in September 2016. I also got to know that my H1B petition which was filed by my employer in Home country in FY 2016 had below H1B status
1. On September 2016 - H1B Petition was "Approved" with USCIS case status as "Case was Approved"
2.On November 2016 - H1B Petition was "Revoked" with USCIS case status as "Revoke Notice Sent"

I ONLY had H1B Receipt # number with me and despite many requests my company didnt share the Petition Copy . This would have helped me to change/transfer to any other employer here in US. I intentionalyy didnt resign the company, but came to support famliy here. I am worried as on whats next step for me?

Request if anyone if they can guide me here... Am I Case Exempted? if i get any employer can i use the revoked H1B petition? My H1B visa was never stamped or activated.
answered Mar 18 by sms1978 (380 points)
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