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H1B - existing and new petition question

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  • H1B - existing and new petition question

    Hi,

    I have existing H1B petition filed by one of the desi consultant couple of years ago which will be expiring next year. I got 221-g form during interview against this petition as he could not provide client letter b4 interview.

    I did not follow up with that as the market was not in good condition and he also did not have any requirements during that period.

    Now my current org wants to file a new H1B this year, would there be any impact of previously received 221-g form ? Not sure if that consultant has canceled previous h1b petition.

    After reading diff threads on this forum, my assumption is that its a new petition and US consulate wud be treating it as a new case and there shud not be any issue if everything is legal & genuine.

    Any inputs would be great help. I am not even going to tell my current org about existing petition, I hope it wont make any diff. Thanks !!
    Use of this information is strictly at your own risk.

  • #2
    The previous Visa denial (221g is denial) will not affect any subsequent visa application.
    Your new employer can file their petition at any time. In fact if they have a copy of the old notice, they can even claim cap-exemption and file after cap gets over or with immediate start date as against Oct 1.
    This is my opinion and not legal advice.

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