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Got 221g White Slip, H1b Visa Refused

Discussion in 'Notices - please read' started by ramki8556, Jan 22, 2015.

  1. ramki8556

    ramki8556 New Member

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    Hello All,
    My sister went to visa(H1B) stamping on Dec 4th,2014 . she got 221g white stating additional administrative processing. 21st Jan 2015 she got refusal notice and they sent petition to uscis for revoke. in refusal letter they have mentioned as " the services of beneficiary are not anticipated by end client xxxxx"

    1) what are the next steps from my sister side or employer side.
    2) can she transfer her h1b under cap exemption to new employer.

    i really appreciate your suggestion/help on this situation.

    Thanks,
    Ramki
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The USCIS will look at the reasons given for the return of the petition. They may or may not issue a notice of intent to revoke. If they don't, they will send the petition back to the consulate. If they do issue an NOIR, the employer will have an opportunity to respond to whatever issues are presented. The USCIS will then decide whether to revoke or return the approved petition to the consulate.

    Technically, your sister is not presently subject to the cap since she has an approved petition. If it is revoked, however, she would again be subject to the cap and any approval she received through a second petition would be revoked.
     
  3. ramki8556

    ramki8556 New Member

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    Thanks Ron for quick reply. any idea on how much time uscis will take to get the final decision. becuase her h1b approved only for 15 months. it is valid till end of this year.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It will probably take at least six months for the USCIS to act - either way.
     
  5. ramki8556

    ramki8556 New Member

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  6. ramki8556

    ramki8556 New Member

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    Hi Ron,
    is it possible for Petitioner Attorney to call uscis and check the actual reason for refusal? will it help in anyway.

    Thanks,
    RK
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The USCIS has to provide the petitioner with a written explanation of any denial.
     

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