Regarding H1B visa, Not Stamped, 221 G, Visa Situation

[Ganesh Vadlakonda]

Hi All,

I have a approved H1B petition from Company YYYY and attended consulate interview, but I received 221G. Since 2 years my visa is showing same process as Under Administrative Process. Still USCIS or my Employer not responded. Now I found a new employer, and I am trying to transfer it with them, but I heard that there is a new rule from USCIS that "H1B petitions which are not stamped and I-797B validity ended petitions are no longer eligible for Cap Exempt or Extension" does it really correct? Please let me know the details regarding my situation.

Thank you all.

[kameshwarpd]

I have the same situation where my employer refused to file Cap Exempt for me. My case went to 221 g Admin processing and my approved petition expired. I guess looking at large number of denials and RFEs my employer is not filing Cap Exempt. Only experienced attorneys can answer this if similar cases are eligible.