H1-B transfer while on 221(g)

[superboy143]

Can I apply for a H1-B transfer or a new H1-B with a new employer when my case is on 221(g) and is sent back to USCIS for further review.

[shervin143]

Yes. If your current I-94 is active, then the transfer is possible. If not, then it has to be a bridge petition and in that case, your existing petition should get approved for a successful bridging. Search and read about bridging.

[superboy143]

Thanks for the reply Shervin143.

I was on F1 visa previously. After completing masters, started working on OPT. In June 2010, my employer applied for H1-B and in August 2010 the petition got approved. I have been working under the H1 status from October 2010. I only have F1 visa stamping, I came for H1 stamping. In this case, is my I-94 considered active?

If I apply for H1 transfer to a new employer, do I have to wait until the current petition is reveiwed by uscis ( sent for review from consulate) or can I schedule another appointment and go for interview again?

Thanks

[kabkaba]

If you find another job, give the new employer a copy of previous H1 approval or receipt notice (or at least the receipt number). They can use this to file cap-exempt petition for you and after that is approved you can use that to get a Visa and travel to US.

[shervin143]

My previous reply was based on the assumption that you are currently in U.S. When you are outside U.S, any employer can file a new H1B petition using the CAP from the existing petition. Provide the new employer a copy of your existing H1B approval notice. Once that petition gets approved, you can attend the visa interview again.

Thanks for the reply Shervin143.

I was on F1 visa previously. After completing masters, started working on OPT. In June 2010, my employer applied for H1-B and in August 2010 the petition got approved. I have been working under the H1 status from October 2010. I only have F1 visa stamping, I came for H1 stamping. In this case, is my I-94 considered active?

If I apply for H1 transfer to a new employer, do I have to wait until the current petition is reveiwed by uscis ( sent for review from consulate) or can I schedule another appointment and go for interview again?

Thanks