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h1b refused under 221g ...what other options i have

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  • h1b refused under 221g ...what other options i have

    Hi

    i was working with employer A (h1b tenure 2006---september 30 2009)...I applied for my extension and also transfer of h1b to company B..got h1b extension sucessfully from 09-2009 to 08/2012...

    both the companies A and B are operated by same person..

    I went for H1B stamping in november 2009 at Canada ottawa...in the mean time my employer has same adress for company A and company B..My employer has provided me a letter stating that company B has merged with company A so they have same address
    The visa officer has found out that they share the same adress and questioned me what is the point of H1B transfer when they share the same adress and both the companies are merged and he refused my h1b visa..

    My employer sugessted me to attend again the interview at the newdelhi consulate ..he has provided me the business license ,office land purchase documents and companies merging document...which i have submited to newdelhi consulate..
    after 3 months the new delhi consulate sends me a visa denial letter which is attached
    stating that

    we are not able to issue you a visa because:
    your petitioner doesnot either be able to provide qualified employment in USA
    I129 petition filed on your behlaf has been submitted to USCIS...


    My original I797 was returned to me at the time of interview

    my question:

    Can I apply for a H1B transfer and attend interview again for stamping as I have original I 797???


    WHAT OTHER OPTION DO I HAVE...


    Please let me know

  • #2
    Possible since the problem here is your employer and not you.
    Not a legal advice. Use of this information is strictly at your own risk.

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