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H1B Transfer after visa refusal

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  • H1B Transfer after visa refusal

    Hi,

    I had a new H1 petition approved in Nov-2011 ( valid till Sep-2014). When I went to H1 stamping and received a 221g to submit some additional documents related to the petitioner/client. After submitting all the docs I received a letter from the consulate stating that my visa is refused and the petition is sent to USICS for further review. I guess they had refused my visa as they had some doubt on the company since it is a small indian consulting company.

    Now I want to apply H1 from another US based multi-national company. Is is possible for the new company to apply for a cap exempt H1 transfer now using the same petition? I have never worked in US on H1 before.

    Thanks!!

  • #2
    Yes, they can file cap-exempt for you. Provide them with a copy of the previous approval notice.
    This is my opinion and not legal advice.

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    • #3
      Thanks for the quick reply.

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