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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 12052
Experience:  Write FOR JAMES to get my help!
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My i129 petition was approved in July 2013. I left the US

Customer Question

My i129 petition was approved in July 2013. I left the US after it was approved and did not apply for an H1B at a US consulate. The USCIS website says that a notice to revoke the i129 petition was sent in May 2014. I am wondering if my i129 petition can be reinstated and if a cap-exempt H1B petition can be filed now?
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Expert James replied 9 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you.

So do I understand that you never activated your H1B status by coming to the US in H1B or by getting a visa at the consulate?

Customer: replied 9 months ago.
Customer: replied 9 months ago.
can i get a US employer to file a cap exempt H1b petition, if my i129 has been revoked (even though it has a 6 year validity)?
Expert:  Expert James replied 9 months ago.

OK, thank you very much. During this process, please remember that I do not work for the government. My job is to be honest with you about your situation, and sometimes that means I have to deliver bad news. I know a negative outcome might create negative feelings for you, but those feelings should be directed to the US laws, not me. So please do not give me a negative rating for an answer you did not expect or like. Thank you for your understanding.

Kindly remember that I do not get a salary here. Your positive rating is the only way I am rewarded for doing my job. So please do not forget to give me 3 or more stars, or any smiling faces, before leaving the site today. Thank you!

QUESTION: I am wondering if my i129 petition can be reinstated and if a cap-exempt H1B petition can be filed now?

ANSWER: Unfortunately, no. Because it was never activated and the fiscal year has ended for that H1B, it cannot be revived. And because it was never activated, the H1B was put back in the pool of cap-subject petitions. I'm very sorry about that. But please do not hold it against me that the law, which I do not write or enforce, does not work in your favor.

I hope I have answered your questions. If I have, then please help me get credit for doing my job, by giving me a positive rating of 4 or 5 stars or any of the smiling faces. If you still have more questions, you can ask them even after you’ve given a rating.

I aim to give you excellent service, even if the outcome is not what you wanted. So I am happy to answer any related follow-up questions you might have, at no additional charge.

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And if you have questions in the future, write FOR JAMES in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 9 months ago.

Hi, I’m just checking in to see how things are going.

I see you have reviewed my answer but I did not get credit for answer your question yet. Do you need more help or need me to explain anything else?

Please let me know either way.

Thank you!

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