Need urgent help : Can Work after stamping 221g rejection

[pia]

Your prompt reply is appreciated....
if somebody went to Us embassy Delhi for visa stamping ..already have I797 approved ...but got 221g and after weeks get a letter saying that you h1 visa is rejected based on the documents submitted and based on interview with VO....Also says that action on case is suspended and your non-imigrant worker filed on your behalf will be return to USCIS ..and in last paragraph it says your visa is refused under 221g ...

MY first and most imporatnt questions is CAN that person STILL WORK FOR CLIENT as he/she is working from home already?

secondly - if iwant to do h1 with new employer then do we have to file a new petion and old petion will already get cancelled or do we need to file a new amendment ...

Thanks

[shervin143]

MY first and most imporatnt questions is CAN that person STILL WORK FOR CLIENT as he/she is working from home already?
>>> Yes. What you do outside U.S is not the consulate's concern. Your visa is rejection so that you cannot enter U.S to work for the H1B sponsor.

secondly - if iwant to do h1 with new employer then do we have to file a new petion and old petion will already get cancelled or do we need to file a new amendment ...
>>> New H1B petition need to be filed by the new employer using the CAP from the previous H1B approval notice. Each CAP is valid for 6 years. You will get the remaining period in that CAP when you transfer the petition.

[pia]

@sheriv

I check in USCIS site and check my status using i797 recipt number - it says post decision and your case is sent back to us for further review by US embassy delhi ....
what should be my next step ?
Shall i start a new petion with my vendor ? Or shall I wait for the any decision made by uscis? right now its EVC model but my vendor is ok to sponsor my H1 ... after he sponsor it will be EC model..please suggest ....

[yupadhy]

Hi Pia

I don't think you need to wait for USCIS decision.

I am in same boat as you!!!
Please keep updating your case and how your petition transfer new stamping goes.

[pia]

@yupadh

...did you get any updae on you case ...what u r thinking to do ?

[pia]

@shervn

Can you please let me know ...since its under review ..should I transfer my h1 to vendor or Wait till they review it ..

[shervin143]

You can go ahead and transfer your H1B petition anytime and attend the visa interview again with the approval notice of the new company.

Can you please let me know ...since its under review ..should I transfer my h1 to vendor or Wait till they review it ..

[yupadhy]

...did you get any updae on you case ...what u r thinking to do ?

Well.. I got my passport back with a letter saying case has been sent back to USCIS
have started working from Home for client .. still talking to vendor to transfer H1 ..

[yupadhy]

@Pia So.. did you transfer your visa ................

any updates?