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Received 221g in Feb, no response. 2nd H1 ext expires this October. File new H1?

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  • Received 221g in Feb, no response. 2nd H1 ext expires this October. File new H1?

    Hello everyone,

    I have come here with a lot of hope. Please advise me.

    I am on my 2nd H1B that expires this year in October: 1st H1 was 3 years, received extension last year for only 1 year ending this October.

    I received 221G in Feb and there is still no response from the Consulate. I was hoping someone can answer the following questions for me:

    [1] Can I file a new H1B with another employer?
    [2] How much more time do I have to file the visa?
    [3] Can I only file before October only or can I also file after that?
    [4] If I file before October, it will be a transfer, correct? Will it make sense because it will expire in October anyways..

    Please help me.

    Thanks, V
    Last edited by vicky_qa; 06-16-2012, 03:04 PM.

  • #2
    [1] Can I file a new H1B with another employer?
    >>> Yes.

    [2] How much more time do I have to file the visa?
    >>> The petition can be filed anytime. Once the petition gets approved, you can appear for the H1B visa again. You will have to withdraw the existing H1B visa application if it still continues to be in 221g at that time.

    [3] Can I only file before October only or can I also file after that?
    >>> You can file anytime. You will get only 6 years minus whatever time you have already spent in U.S in H1B + L1 status combined.

    [4] If I file before October, it will be a transfer, correct? Will it make sense because it will expire in October anyways..
    >>> No clue what you are saying.
    Not a legal advice. Use of this information is strictly at your own risk.

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