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Applying for new H1-B while 221g under Admin processing

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  • Applying for new H1-B while 221g under Admin processing

    Hello,

    I got a 221g (Green) and my case is under admin processing. its taking long time , and I am planning to apply for new H1-B through my vendor. can I do that way?

    Please kindly let me know what are the documents I need to have for new H1-B?

    Does this case is similar to H1 Transfer???

    How many weeks it will take for a new H1b petition to get approval from USCIS.?

    Is my previous case will effect when I go for the interview for my h1b stamping with new filed h1b petition??

    Please advice me ,

    Thanks!!
    Last edited by blossomkk; 03-13-2012, 12:00 PM.

  • #2
    Another employer can certainly file a cap-exempt petition for you. They will need a copy of your previous approval notice. After that is approved, you can apply for Visa using that approval and travel to US.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thank you kabkaba!!

      Comment


      • #4
        Hi,

        If I apply for new h1b from a new employer, do i need to have any pay stubs??

        I have a h1b approved and I got struck in India for 4 months when i came for the stamping here.
        Am i out of status ??

        what are the documents required for a new h1b application? any related documents with previous h1b approval??


        Please kindly respond to these questions. Your help is highly appreciated.

        Thank You!!!

        Comment


        • #5
          You only need payslips (and W2) from your H1B sponsor for your period of stay in U.S In H1B status (& L1 status if you were on L1 before). When you are out of U.S, you do not hold any status and so you cannot go out of status.

          It will be the same set of doucments what you provided your previous H1B sponsor while filing the petition. The new employer will let you know exactly what documents they need.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            Thank You so much for your reply shervin!!

            Comment


            • #7
              I have submitted documents in Jan 1st week as per 221g green and waited for near around 3 months, didn't get any positive response from the consulate and its still in Administrative process. I am planning to apply for a new h1b petition from employer B in cap exempt program without informing my old employer A.

              Will be there any problem from my employer A. ?
              At this point of time do I need to wait for some time or apply for a new h1 petition?
              what is exactly meant by withdrawing previous h1b petition and how much this will be effected on a new petition?
              what are the chances of getting approval from USCIS if I file a new h1b petition under cap exempt program?

              Please advice me on this , really appreciate your response.

              Thanks!!

              Comment


              • #8
                Will be there any problem from my employer A. ?
                >>> They will not know unless you tell them.

                At this point of time do I need to wait for some time or apply for a new h1 petition?
                >>> No. It can be filed anytime.

                what is exactly meant by withdrawing previous h1b petition and how much this will be effected on a new petition?
                >>> The employer will have to write a letter to USCIS informing that they want to withdraw the H1B petition filed on your behalf as you will no longer work for them. This can be done after your H1B transfer to the new company. It will not have any impact on your new petition. You just cannot work for your old employer once their petition gets revoked. No other impact.

                what are the chances of getting approval from USCIS if I file a new h1b petition under cap exempt program?
                >>> We are not *****l****s to predict whether your petitin will get approved or not. If the new employer is following all the immigration rules and if your documents are in order, then you will get the petition approved.
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  Applied new H1B with New company after getting 221G from old employer

                  Neha here...Hope you doing good!!

                  got a quick question...

                  I came to India in Feb 2012
                  got 221G
                  it is still under pending process
                  I got a full time job in other company in USA...that company has filed my H1b and it got approved
                  Now I need to go for stamping for my new H1B

                  my question is....regarding DS 160
                  What should I write as my current employer

                  n DS 160, there is a field for current employer....what should I write....
                  my current employer is my new h1b employer or old h1 company from which i receive 221 g

                  If I say my current employer as my new H1b comp, then what should be my previous employer end date..??? Should it be H1B approval date (I 797 notice date?) or I 797 validity period start date?


                  Please let me know if you have an idea...

                  Comment


                  • #10
                    If you are currently working in your home country, write that employer's name. Otherwise write unemployed.
                    Also, the 221g needs to be mentioned as Visa denial.
                    This is my opinion and not legal advice.

                    Comment


                    • #11
                      Applying for new H1-B while 221g under Admin processing

                      Kakabba,
                      You are really doing an wonderful job
                      I also have some what similar problem, visa type h1b/cap exempt.

                      I was handed over 221g blue slip asking client letter on 10 April 2012 at mumbai I was already working with this client for 5 months at seattle and returned for stamping. As we could not arrange client letter. The visa dept told that they will withdraw this application and amend the the petition once a new client shortlists me.

                      The new client provided me the client letter, amendment was filed in premium and the petition was approved on 25th OCT 2012. The documents where filed at Mumbai consulate on 3rd OCt 2012. The Visa dept email said that they are filling stamping request on the approved petition on the same CEAC code and at the same time justifying this as withdrawl of earlier 221g.
                      They have asked me to track my CEAC code on the 221g status page.

                      My question here are:
                      1.) Did the visa dept had any other option then what they did.
                      2.) Will the Same CEAC code work for this too.
                      3.) I have gone through various threads. I think they could have taken a new appointment and sent me for stamping directly on the new approved petition with new receipt and CEAC code without withdrawing the earlier 221g.

                      Thanks in Advance and I appriciate your valuable advice.

                      Agatha.

                      Comment


                      • #12
                        @nehapandya42,
                        I am in exact same situation. I waited for documents to arrive from current employer for 2 months that too not all of them (employer is not providing Tax returns and wage report but instead giving me an affidavit to show legitimacy of company - not sure if that works)and I will be sending those next week to Mumbai Consulate. God know how long that will take but I have found a new employer to file a new H1B.
                        So did you take your visa stamping i/vw? If yes, did they ask @ old petition and employer?


                        Originally posted by nehapandya42 View Post
                        Neha here...Hope you doing good!!

                        got a quick question...

                        I came to India in Feb 2012
                        got 221G
                        it is still under pending process
                        I got a full time job in other company in USA...that company has filed my H1b and it got approved
                        Now I need to go for stamping for my new H1B

                        my question is....regarding DS 160
                        What should I write as my current employer

                        n DS 160, there is a field for current employer....what should I write....
                        my current employer is my new h1b employer or old h1 company from which i receive 221 g

                        If I say my current employer as my new H1b comp, then what should be my previous employer end date..??? Should it be H1B approval date (I 797 notice date?) or I 797 validity period start date?


                        Please let me know if you have an idea...

                        Comment


                        • #13
                          Got approved

                          Mine was similar case. I got 221G (Blue) @ Mumbai in August 2012. A new employer filed for H1B and I got it approved while old visa application was under admin processing.
                          I had carried a letter to request to withdraw the old visa application stating all details of old visa application (DS-160#, petition #, petitioner, beneficiary, date of interview etc.) and attached 221G, I-129, I-797 and LCA copies.
                          Coincidence the same VO took my new interview so it was easy to break the ice for me. He just asked name, business line, role and responsibilities and salary. And approved the visa. I was freaking about my visa interview and needed to go back to US badly. I understand feeling of all people got rejected, under admin processing and waiting for results/interview. Good luck to all of them.
                          Prepare well. Have faith.

                          Comment


                          • #14
                            New H1b from India under 221g, can i change eomployer and appear for visa again

                            Hi Everyone,

                            I am from india, never been to US. This year i got an offer from a small employer and my new h1b petition is approved. Got all the DOC's from my employer.
                            I have appeared for visa interview this week, but visa interviewer is not happy with my employer(internal project) and has moved my visa application to 221g(Admin Processing). Am not sure how long it takes for decision. Do i need to wait average timeline 60 days set by Visa consulate?
                            OR Mean while can i change my employer under CAP exemption? To change the employer how can i give my pay stubs where i never worked for actual petitioner? can i give my Indian current employer pay stubs?
                            Do i need to say about my 221g to the new employer? Finally if above all works, can i appear for new visa while my current visa application is under 221g?

                            Thanks in advance

                            Comment


                            • #15
                              Need help: 221(g) is issued for H1b, case is under admin processing

                              Hi,

                              I am working for reputed company x, but i have applied for H1 B with petitioner A, i got thru lottery and received i797A for 3 years.

                              Petitioner A has filed by H1B application, the consulate has taken my i797A and now the case is opened under section 221(g) asking for detailed documents
                              related to project cost analysis, market analysis and timelines. I am not sure what will happen now.

                              My question is , the same H1B approved petetion(i797A) can be transferred to new employer ??.. please advice me as soon as possible.

                              Comment

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