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H1B transfer after 221(g) ?
I need your kind help as it’s very important for me. Thank you very much in advance.
1.
----Got the H1B approval (I-797B) letter as below----------
I-797B, Notice of Action
EAC-11-ZZZ- YYYY X
Notice Date: October XX, 2011
2.
----Went for interview in March, 2012 and got 221(g) letter and then submitted all the required documents along with US employer's documents with their tax returns of last two years.
3.
----Got a call for re-interview in May 2012 and answered all the questions & they took my passport and I-797B original letter.
4.
---Now, I got the passport and I-797B original approval letter (in Sept-2012) along with a letter from US Embassy as below.
------Content from the Letter----
Dear XYZ
Based on the documents you have submitted to us, and the information elicited in your interview with an American Consular Officer, we are not able to issue you H1-B temporary work visa, because:
Your petitioner does not appear to be either able to or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulation.
In accordance with United States Department of State guidelines, action on your case has been suspended, and the I-129 Petition for a Non-Immigrant Worker filled on your behalf will be returned to USCIS with a memorandum explaining the facts of your case as presented to us at the time of Interview. The US Embassy in New Delhi is no longer handling your case, and will be unable to give you any information on the status of your petition.
For your information, your visa was refused today under section 221(g) of the INA (Immigration and Nationality Act(INA).Essentially, this section states that a visa cannot be issued to anyone whose application does not appear to the Consular Officer to meet the requirements of the INA or of the regulations thereunder.
Thank You
------------------
Need advice/help, please!
Do I have an option that I can go and try to get another/new employer based on original I-797B (more of a H1B transfer case ) which I have with me and get new I-797B with another/new employer?
1.
----Got the H1B approval (I-797B) letter as below----------
I-797B, Notice of Action
EAC-11-ZZZ- YYYY X
Notice Date: October XX, 2011
2.
----Went for interview in March, 2012 and got 221(g) letter and then submitted all the required documents along with US employer's documents with their tax returns of last two years.
3.
----Got a call for re-interview in May 2012 and answered all the questions & they took my passport and I-797B original letter.
4.
---Now, I got the passport and I-797B original approval letter (in Sept-2012) along with a letter from US Embassy as below.
------Content from the Letter----
Dear XYZ
Based on the documents you have submitted to us, and the information elicited in your interview with an American Consular Officer, we are not able to issue you H1-B temporary work visa, because:
Your petitioner does not appear to be either able to or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulation.
In accordance with United States Department of State guidelines, action on your case has been suspended, and the I-129 Petition for a Non-Immigrant Worker filled on your behalf will be returned to USCIS with a memorandum explaining the facts of your case as presented to us at the time of Interview. The US Embassy in New Delhi is no longer handling your case, and will be unable to give you any information on the status of your petition.
For your information, your visa was refused today under section 221(g) of the INA (Immigration and Nationality Act(INA).Essentially, this section states that a visa cannot be issued to anyone whose application does not appear to the Consular Officer to meet the requirements of the INA or of the regulations thereunder.
Thank You
------------------
Need advice/help, please!
Do I have an option that I can go and try to get another/new employer based on original I-797B (more of a H1B transfer case ) which I have with me and get new I-797B with another/new employer?
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