New H1B during old H1B under 221g

[immigrant2011]

Hi,

I appeared for my H1B interview on Nov-9-2011 and it went for further processing. USCIS received my case on Dec-20-2011 for further review and possible revocation. No updates from USCIS since then,

Currently i am in EVC model and now i approached my vendor to explore the option of filing new H1B with them using the previous cap. I still have job and working remote from India for the same client/vendor.

My question is if i will appear to consulate for new H1B stamping interview while my current H1B is pending review with USCIS, would it cause any negative impact on my new H1B?

What would be chances of getting successful stamping with the new petition?

Thanks,

[shervin143]

No issues. Withdraw the existing H1B visa application from the consulate and file the new visa application.

[immigrant2011]

Is it necessary to withdraw the old petition? I was told by attorney that i can have the old petition pending with USCIS and continue with the new petition in parallel.

[shervin143]

I meant to say, withdraw the existing visa application. You can have two parallel petitions pending with USCIS. But you cannot have two valid H1B visa stamps in the passport. At any given time, you can get the visa stamped only for 1 employer. So you cannot have two H1B visa application submitted to the consulate at the same time.

Is it necessary to withdraw the old petition? I was told by attorney that i can have the old petition pending with USCIS and continue with the new petition in parallel.

[immigrant2011]

Thanks Shervin.

Last update that i got from VFS was below:

"action on Mr. ZZZ’s case has been suspended, and I-129 Petition for a nonimmigrant worker filed on his behalf will soon be returned to the KCC with a memorandum explaining facts of his case as presented at the time of his interview. Once KCC receives the petition, it will return it to the approving office of the United States Citizenship and Immigration Service (USCIS) for review and possible revocation."

based on above can i assume that consulate is no more working on my case and i don't need to withdraw the petition.

[shervin143]

Yes.

Thanks Shervin.

Last update that i got from VFS was below:

"action on Mr. ZZZ’s case has been suspended, and I-129 Petition for a nonimmigrant worker filed on his behalf will soon be returned to the KCC with a memorandum explaining facts of his case as presented at the time of his interview. Once KCC receives the petition, it will return it to the approving office of the United States Citizenship and Immigration Service (USCIS) for review and possible revocation."

based on above can i assume that consulate is no more working on my case and i don't need to withdraw the petition.

[immigrant2011]

Thanks Shervin.

[vaishu55]

I have a similar situation but really complicated !!

Visa interview - 8th dec @ Mumbai consulate
Administration process - 221g blue form
Submitted docs - 8th of dec
Received another blue form - 23of dec
Submitted docs - 20 of jan
Received blue form - 3 feb
Last blue form asked me to submit the wage reports for last 4 quarters. I asked VFS whether My company can send the docs directly to US consulate secondary to confidentiality purpose.
I got a reply on 7th of feb stating. your h1b has been refused as company is not willing to provide docs and as per docs provided and interview they are not satisfied with employer employee relationship. it was mentioned my case will be return to KCC who will send it back to USCIS for further review and probable revocation.
I replied them on 9th of feb saying there is some confusion. I havent submitted docs yet and my employer is ready to submit docs which i would be submitting soon.
I did not wait for their reply and submitted my docs with 221g blue form on 10th of feb . VFS accepted my docs
On 13th feb I got a reply , " As per US consulate please submite all required docs along with blue form to VFS center. "

I havent heard anything from them till now.

CAn you please suggest me what to do next ?
Should i wait for them to reply or file for another h1? And my case it still here or they have sent it to KCC.