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H1 approval in 2008 but now going on H4.....please help

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  • H1 approval in 2008 but now going on H4.....please help

    I am Sanchit and in a situation where i am not able to decide what to do. My H1B was approved in 2008 when i was in london and i had interview in Oct,2008 in US Embassy at london. i got 221(g) white...and was told that its under admin processing. My i797 was valid till 2011 which was for 3 years. I tried calling them a lot in this particular period but always was told to wait as still under admin processing. As its 2014, i am planning to move on H4 visa(approved) in coming January.
    Here what i would like to know :

    1. After being there in USA on H4 - dependent on my wife, as once my H1B was approved through A Company, if there is any way through which A Company or any other B Company can claim or apply for my H1B and i can get 1797 in a shorter time without going through lottery system so that i could be eligible to work or do i have to start the whole process again without considering my previous H1B USCIS Approval and wait until march for the H1B process.

    Please help me in this and i highlY appreciate for your advice and concern.


    Regards,

  • #2
    Originally posted by san3k View Post
    I am Sanchit and in a situation where i am not able to decide what to do. My H1B was approved in 2008 when i was in london and i had interview in Oct,2008 in US Embassy at london. i got 221(g) white...and was told that its under admin processing. My i797 was valid till 2011 which was for 3 years. I tried calling them a lot in this particular period but always was told to wait as still under admin processing. As its 2014, i am planning to move on H4 visa(approved) in coming January.
    Here what i would like to know :

    1. After being there in USA on H4 - dependent on my wife, as once my H1B was approved through A Company, if there is any way through which A Company or any other B Company can claim or apply for my H1B and i can get 1797 in a shorter time without going through lottery system so that i could be eligible to work or do i have to start the whole process again without considering my previous H1B USCIS Approval and wait until march for the H1B process.

    Please help me in this and i highlY appreciate for your advice and concern.


    Regards,
    Technically the original petition never got approved and further its been over 6 Years. What does the online status say for that petition? I would advise you check with your employer's attorney if you qualify for cap exemption.

    This is my opinion not legal advice.

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