Approved 797 - Not yet stamped - now intent to revoke status

#1
Hi Rajiv Sir,

I have got petition approved notice 797, and attended interview on dec 2017, VO said that they have to do some research on employer side, he took my passport.
After oct 2018, i saw my petition status as 'Intented to revoke sent to employer'. My employer is not interested to reply to this notice. This is my situation
Still it is not revoked

1. Can i transfer h1b to another employer at this stage?
2. If not , am eligible for cap-exemption for this year 2019?

What is best way to address this .

Thanks in advance.
 
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whitemimauz3

Registered Users (C)
#2
Your employer needs to counter intent to revoke. If the findings based on what USCIS intends to revoke does not gets rebutted then USCIS would revoke the petition. Once it is revoked, I am afraid you no more has H-1B number from pool. Going forward your employer needs to file CAP subject H-1B petition to capture number for you.
 

nelsona

Registered Users (C)
#3
I believe that since you were indeed approved, you are eligible for H1 migration and are cap-exempt, even if revoked later.
This is NOT the same situation as h1-B denial, which would leave you starting at square one. But, once approved for h1, even if you did not start working -- regardless of the reason -- you are now eligible for any other h1 position, with full clock available.

I would get a legal opinion, but start looking for new employment ASAP.
 

nelsona

Registered Users (C)
#5
Correction as White pointed out, you would have had to work even one day before revocation, to be cap exempt. However it looks like since his visa was not approved, he never worked in H1, so would not be cap exempt.

The key is approved and start using H1 before revocation.
 
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