H1 denied with 221g, can I apply transfer with new employer?

[ravi_ma]

My H1B visa got rejected in Chennai Consulate on Jan 27th,2011 and case is returned to USCIS. Reason they gave "petitioner does not appear to be able to provide qualifying employment".
I appeared for interview on Nov 8th, and after 2 221g's finally got rejection letter.
I work in Employer - Prime Vendor - Client model. Now, my prime vendor is willing to apply for H1B as I still hold the job at the client site.

What are my options now:

1.Can he apply transfer or should he file new H1?
2.Is the new H1 subject to Cap?
3. What are my chances at Consulate with the new employer, (client is same)?
4. My wife is in US working on H1 in the same Employer-Vendor-Client model. If I get H1 denial again, which means 2 denials in less than 6 months, what impact does it have on my H4?

[shervin143]

1.Can he apply transfer or should he file new H1?
>>> New H1B on the existing H1B CAP.

2.Is the new H1 subject to Cap?
>>> No. You can use the current CAP provided yu haven't used all 6years in that H1b CAP.

3. What are my chances at Consulate with the new employer, (client is same)?
>>> No one can predict. It depends on your new employer's history and documents you carry.

4. My wife is in US working on H1 in the same Employer-Vendor-Client model. If I get H1 denial again, which means 2 denials in less than 6 months, what impact does it have on my H4?
>>> H1B denial will not have any impact with the H4 visa process unless the reason for denial is YOU.

[ravi_ma]

Thanks Shervin.

[ronny2244]

H1b denied

ravi ma,

please post how will it work with new employer and post abt your new H1b interview...bcs it may help others

[brendabascon]

H1b visa stamp pending, brought to Fraud prevention unit

Hi everyone,

Please give time to read my visa intervw experience and kindly give your opinion.
I had my h1b interview last dec 2010. During my interview I was asked with regards to if I will be paid during my 1 month training in the US before I am brought to my job facility. It was really my fault that I missed the information written in my contract that I will be paid according to minimum salary given to that certain state. I answered NO. though actually the consul was holding the contract where it is written. He then said that there is no problem with my application, he is just worried where will i get money during my stay in the US for training. He handed me a brochure regarding rights of workers in the US and told me to have a seat and wait for a while. Somebody came and brought me to the Fraud Prevention Unit. An investigator interviewed me. First and foremost I apologized that I missed the information regarding if I will be paid during my training. I corrected it and told him that it was written in the contract that I will be paid. And that I didn't mean to give a wrong information. He reacted that I am giving misrepresentation. I tried to convince him that I'm tryng to correct the information I gave because that is the truth. I guess I was able to convince him. The interview took 3 hrs and ended up requiring me to come back to submit a certain documnt with regards to my employment. So I did comeback after a week and provided them the documnt they wanted. I was again interrogated for 5 hrs. The investigator printed my statements, all the questions and answers then he let me sign it and swear to the consular officer in the Fraud Prevention Unit. I was told that they will forward the copy of my statements to the consular officer who initially interviewed me for he has the authority to decide regarding the visa. I was told to just wait for a call for update.
Until now I don't know my status. My employer even called the embassy and was again informed that they will give me a call. I was not handed with any document that's why I'm wondering under what process is my application now? is it under administrative review just like what I usually find in my research here in the internet?
It's been 2 months already. There is nothing fraudulent in my documents. I swear. It's just that I was not at my best I guess when I was interviewed and missed a very important information in my contract.

can you suggest ways on how i can have an update of my status.

Thank you for patiently reading this. I hope you could give your opinion.

God bless us!