Can I apply for fresh H1B when my previous H1B application is Suspended?

[Kunal Pradhan]

I Applied for a H1B visa on 2010 quota, petition was approved, but got 221g when went for stamping. VO asked for client related documents which my employer was not able to provide thus my case was suspended (interview attended on Aug 2011). After one year i.e Aug 2012, got a letter from Consulate that they have suspended the case and now the case is no longer with Consulate in India and has been moved back to USCIS at US.

So now can I apply for a fresh H1B?
If yes then when I go for my new interview, will they say that your previous petition is suspended so u can't go using this H1B?

Kindly let me know on this.

Thanks

[kabkaba]

Yes, the same or different employer can file a petition for you. The petition will be exempt from annual cap and they can file at any time with immediate start date. The outcome of your Visa interview has nothing to do with that. However, when you apply for Visa using the new petition, you will have to mention the denial in your DS160 application.

[Kunal Pradhan]

Yes, the same or different employer can file a petition for you. The petition will be exempt from annual cap and they can file at any time with immediate start date. The outcome of your Visa interview has nothing to do with that. However, when you apply for Visa using the new petition, you will have to mention the denial in your DS160 application.

Thanks Kabkaba for your immediate response. I got your point but in order to make it more clear for me i am extending my previous question.

The previous petition filed in 2010 cap is valid till Dec 2013 (in pending status), So if now I get a new petition suppose effective from July 2013 to july 2016 and I go for the interview in August 2013, there will be no problem in visa interview ...ryt??

Thanks

[kabkaba]

No problem.

[Kunal Pradhan]

No problem.

Thanks ...