H1B 221(g) in Chennai Consulate

[_rootnode]

I had my visa interview on the 5th of October in Chennai. The VO handed over the 221(g) blue slip requesting for more documents. Client Letter,SOW between the Client and the employer and description about the project. Now, I am waiting for my employer to give me these documents.
I was offered this position back in February and I was told that I will be mapped to a project once I reach the U.S.
I am in touch with my employer and they have said that they will get back to me. I have a few questions.
- Are there any timelines to submit the documents?
- What happens if my employer fails to submit the document (OR) What happens when my employer submits the document but my visa gets rejected? Can some other employer use this approved petition to file a cap exempt petition? Will that follow the same H1 cycle starting in April ?
- My petition is valid till Aug 2018. What are my options ?

Please advise

- Thanks.

[shervin143]

- Are there any timelines to submit the documents?
>>> If there is a specific timeline then that would be mentioned in the 221g slip.

- What happens if my employer fails to submit the document
>>> Visa will be rejected.

(OR) What happens when my employer submits the document but my visa gets rejected?
>>> If the visa gets rejected, then you cannot travel.

Can some other employer use this approved petition to file a cap exempt petition?
>>> If this is a brand new petition that was subjected to CAP, then the CAP won't be activated until to travel to work for that employer.

Will that follow the same H1 cycle starting in April ?
>>> If you file a new petition that is subjected to CAP, then YES.

- My petition is valid till Aug 2018. What are my options ?
>>> If teh visa gets rejected due to client letter and SOW, then the employer can find another client who can issue all these documents and amend the petition. Once approved, you can apply for visa again.

[_rootnode]

H1B 221(g) in Chennai Consulate

Hi shervin143,
Thanks for the info.
One more question.
Using my current approved petition, can some other employer file a fresh application? Will that be cap exempt?

[shervin143]

Using my current approved petition, can some other employer file a fresh application?
>>> Yes.

Will that be cap exempt?
>>> Yes.