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H1 petition transfer after 221g

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  • H1 petition transfer after 221g

    My case is:

    I am working in Hyderabad for past 4+ years. I found an employer A(consultancy) and he applied for H1B on April 2014 with E-C model. This is my first H1 visa and my petition is approved. I got all necessary documents(including I-797) from employer. But while interview, I got 221g for administrative processing. VO told your employer is very small & new, so we will have to do some investigation for your employer. They returned all my documents including passport & I-797 and I have not got any response from them yet.

    Now I am thinking to ask my client itself to file a new cap exempt H1B petition as my direct employer.

    My queries are:

    1. Is my case eligible for new petition? Does it fall under cap exempt petition?

    2. If yes, Is client itself eligible for filing new petition or I need to find a different employer?

    Thanks in advance for your help. Please let me know if more info is needed.

  • #2
    i am in same situatio(221g)

    Please let me know what happened to ur case. this year(29-12-2015 i got 221g for same reason). pls reach me on amar.hitu@gmai.com. ur suggestion helps me a lot. thank you

    Originally posted by jpmmnit View Post
    My case is:

    I am working in Hyderabad for past 4+ years. I found an employer A(consultancy) and he applied for H1B on April 2014 with E-C model. This is my first H1 visa and my petition is approved. I got all necessary documents(including I-797) from employer. But while interview, I got 221g for administrative processing. VO told your employer is very small & new, so we will have to do some investigation for your employer. They returned all my documents including passport & I-797 and I have not got any response from them yet.

    Now I am thinking to ask my client itself to file a new cap exempt H1B petition as my direct employer.

    My queries are:

    1. Is my case eligible for new petition? Does it fall under cap exempt petition?

    2. If yes, Is client itself eligible for filing new petition or I need to find a different employer?

    Thanks in advance for your help. Please let me know if more info is needed.

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