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

[applying4usvisa]

@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?

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...

[jimagatha]

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.

[kabkaba]

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.

[nehapandya42]

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...

[shervin143]

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.

[blossomkk]

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!!

[blossomkk]

Thank You so much for your reply shervin!!

[shervin143]

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.

[blossomkk]

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!!!

[blossomkk]

Thank you kabkaba!!

[kabkaba]

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.

[blossomkk]

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!!