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H1B petition after 221g

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  • H1B petition after 221g

    Hi All,

    Could somebody please answer my question?

    I had my H1B petition approved in 2005. But the employer couldn't provide me the required docs (client letter etc) and I received 221g thrice. In 2007 Chennai consulate returned my petition back to USCIS. I wanted to get the petition filed again this year by another employer. But because of some personal reasons I couldn't do that. Since the quota for 2008 is already over I cant get a new employer to file the petition now. My questions are :

    1. Since I am already counted toward the cap in 2005 do I need to wait for next year? Or Can another emplyer file the petition now?

    2. If I get another employer to file my petition, how long can I stay in the US on H1 status (3 years)? Is it a good idea to wait for the next year (2009 April) and get the petition filed by the new employer?

    Thanks in advance,
    Arvind.

  • #2
    1. If consulate returned the petition to USCIS for a revoke, then you should apply under the new cap as your visa number has been recaptured.
    2. New cap, 6 years with first installment of 3 years :-)

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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