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H1 transfer approved from India while on 221g - How to go about

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  • H1 transfer approved from India while on 221g - How to go about

    Hi,

    I had my new H1 filed in April 2012 and after a series of hurdles, I finally got my approval in March 1st week. I went for stamping in April 1st week in India. I was issued a 221g and in a week's time the consulate had sent me a notice that I need to submit a document from the employer about something related to the employer. I had been behind my employer since. But he had kept me waiting for way too long with no response. So I finally decided I'll leave him and found another employer July first week. The new employer filed my H1 cap exempt in premium processing and I got the approval 2 days back.

    Now, I need to schedule a stamping interview for this new employer. Could someone please help me go about it. Firstly, because I am waiting with a 221g, who do I approach? Would sending a mail to the local consulate office help?

    If someone has already undergone this and can share their experience, it would be helping me a lot.

    And if there is a specific process of going about it and if someone could help me with that, it would be great.

    Also, a few specific questions -
    1.) While filling the DS160, would I have to say I have been denied a visa once?
    2.) Would my previous 221g affect the current stamping, like say the consulate officer asks me why did I find another employer, is it fine if I tell them the truth that the problem was with the first employer - that he wasn't responding and that this new employer also pays better, or is there a specific way that you would suggest.
    3.) Would my first employer know about my new employer or about the fact that I have got another valid H1 if I dont mention him about it.


    - HeMan

  • #2
    You just need to apply like you did before.

    1. Yes, 221g needs to be mentioned as a denial
    2. It is possible that the second application will receive extra scrutiny, but it will not be denied because of the past.
    3. No, they will not know.
    This is my opinion and not legal advice.

    Comment


    • #3
      Great. Thanks for the quick reply kabkaba.

      Was also wondering how do I ask the consulate to make the current 221g petition/case void. Do I need to do something on the ustraveldocs portal? Or should I be mailing them only?


      -HeMan

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      • #4
        You can withdraw that application, but it will make no difference. It will remain as 'denied'.
        This is my opinion and not legal advice.

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