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H1-B Visa Got Rejected under Section 221(G)

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  • H1-B Visa Got Rejected under Section 221(G)

    Greetings

    I'm working for XYZ Company in India and having a valid L1-B Visa through this company. Last year a US Based consultancy filed fresh H1-B Petition on my behalf which got approved and I've been to New Delhi US Embassy for stamping where Visa Officer handed over me a Green Form under section 221(G) which finally got rejected 3 days back with my Passport & H1-B Petition, where my old L1-B visa stamped with "Cancelled without Prejudice". And also my I-129 form has sent back to USCIS.

    So my questions are below:

    1. Is my L1-B got cancelled?

    2. For going back to US Again on L1-B, do I need to file a fresh application for L1 through my existing company?

    3. can I apply for Transfer of my H1-B petition to my existing XYZ Company in India (if the existing company agree on this)?

    4. If I go to US on L1-B through my existing XYZ Company, so can I look for some company who can transfer my existing H1-B petition in their name and can change the status there itself in US from L1 to H1?

    Please let me know as I'm feeling hell lot of confused now.

    Thanks
    Shashank

  • #2
    1. Is my L1-B got cancelled?
    >>> If there is a CWOP stamped over it, then YES.

    2. For going back to US Again on L1-B, do I need to file a fresh application for L1 through my existing company?
    >>> If the existing petition is valid, then you just need to get the L1 visa stamped again. Or else, the company need to file a new petition and upon approved, you need to go for the visa stamping.

    3. can I apply for Transfer of my H1-B petition to my existing XYZ Company in India (if the existing company agree on this)?
    >>> Yes.

    4. If I go to US on L1-B through my existing XYZ Company, so can I look for some company who can transfer my existing H1-B petition in their name and can change the status there itself in US from L1 to H1?
    >>> Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

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