H1 Transfer while administrative processing (221 G)

[seattlejack]

Hello,

My brothers H1 VISA got refused in chennai consulate. The reason for rejection as stated by the letter from consulate is that the employer doesn't seem capable of getting you a job etc. The letter states that the petition papers are returned back for administrative processing.

The question I have is can my brother apply for a new H1 through another company (outside of the cap)? This time we have learned our lesson and have found a good employer who follows all the rules (Taxes+bech pay), big in size with strong financials.

So the question is can my brother apply for a new cap exempt H1 using receipt number from the rejected H1?

Thanks much for your help

[JStone]

If you are talking about using your rejected H1, then it may be possible(that is, you can do a H1 transfer), but it depends on what action your original H1 employer has taken and whether USCIS considers your H1 to be valid when you approach through a new employer.

Seniors, can someone please clarify more on this??

Thanks!