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Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29018
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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My h1b petition is approved. Employer is asking not to attend

Customer Question

My h1b petition is approved. Employer is asking not to attend visa interview. Reason employees r getting administrative processing during visa interview
JA: The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No
JA: Please tell me everything you can about this issue so the Immigration Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: H1b visa approved for my husband through the same company but it got cancelled before traveling to US
JA: Is there anything else important you think the Immigration Lawyer should know?
Customer: At the consulate office it was informed that company doesn't ve office n employees
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Customer: They r running the office from home n they dont ve space to accomodate even 2 workers
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 1 year ago.
Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.I understand the situation regarding the company having had visas revoked because of information they received regarding the compqany's lack of offices.What is your question?Judith
Customer: replied 1 year ago.
Employer asks me to find another client and get the petition transfered. Need info on petition transfer timeline at USCIS.
Current petition is approved only till jan 2017. If i dont find another employer within this time , what will happen to this petition. Can i apply for h1b cap exempt post the approved time . Employer says i will be cap exempt for another 6 years . Can cap exempt be claimed before entering US
Expert:  Judith Ludwic replied 1 year ago.
The remainder time on the 6 years is good indefinitely. It never expires.So you can find a new employer 5 years from now and use the petition., I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Customer: replied 1 year ago.
I was reading online that without visa stamping and not entering into US to activate the H1B status we are not considered cap exempt. If u could share any guidelines provided by USCIS it will b great
Expert:  Judith Ludwic replied 1 year ago.
USCIS has not provided any formal guidance on this to date. I have had several non cap exempt petitions approved based on prior unused H1B petition approval when the old petition was not revoked prior to 10/01 which is the date the number is ***** with the start of the fiscal year.I can only go by my experience. I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert and that of my colleagues.Judith
Customer: replied 1 year ago.
unused H1B petition approval when the old petition was not revoked prior to 10/01 which is the date the number is ***** with the start of the fiscal year.Could u plz elaborate on this
Expert:  Judith Ludwic replied 1 year ago.
If the petition is revoked before the start of the fiscal year which is 10/01 then the petition number you got based on your approved petition is put back in the pot of 65K visa numbers for another applicant to use.If after the start of the fiscal year your petition is revoked you still got the number out of the 65K quota and it is yours.The pot lid is closed on 10/01 and numbers cannot go back into the pot because any numbers used via an approved petition as of that date belongs to the petition beneficiary to use for that petition or a future petition.I will offer you a skype discussion if you do not find this clear. I do not know how to make it any more clear in writing., I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Customer: replied 1 year ago.
Now its clear. Thanx for being very informative