Is new H1 subject to cap after 221g denial + i797A revocation (was valid till 2013 Dec)

casper123

New Member
Hi,

I am new here and lookting to find answer to a question regarding my new h1 petition.

Here is the short version of my question - I got a 221g denial + i797A revocation because of not being able to provide documents to 2nd RFE on my old h1. My Revoked(probably) i797 was valid till Dec 2013. is my new h1b application subject to cap ?

Detailed background:
------------------------
I did my masters in U.S and worked for 4+ years on h1. in 2011 June I traveled to home country and got a 221(g) based on employee and employer relationship and 2 RFEs for client letters. was able to answer the first one but not the second one and got a conditional revocation notice from USCIS for i797 if the 2nd RFE was not answered by March 31st 2012.

Gave up & started working in home country since July 2012 and now looking to get a new h1b filed. my old i797 validity date is Dec 2013(got no confirmation about revocation from USCIS ). will my new h1b petition be subjected to Cap ? will I have to wait till october to get back to the US or can I finish the processing and visa before april ?

thanks alot for reading through my long question and any information is greatly appreciated. please let me know if you need any more information to answer my question.

Thanks...
 
Top