Need Help in new H1B petition filling

[vytla]

On Dec 15th 2011 i went for an H1B Visa interview in New Delhi consulate and got an green form 221g.

As requested i have submitted the docs , but today i recieved mail from them that "your case has been returned to the Kentucky Consular Center in the United States.You may contact the USCIS office for further information.Please consider this case closed at their office and a refusal letter was sent to you on April 19, 2012"

Seems like my visa is denied .

My same employer is now willing to file a new H1b petition for a new project, so does the previous petition decision impacts this new petition when i go for visa interview next time as the company is still the same. what are the chances of getting visa over here.


Thanks
Vytla

[shervin143]

It all depends on why the visa was denied. Do you know the actual reason? If it was due to your employer, then it is advisable to find a new employer with proper employee/employer relationship. Otherwise, the chances of getting 221g again even after getting a new petition approved is kind of high.

[vytla]

Shervin,

My employer is ready to take the risk and file new petition in premium processing as he wants me in US urgent. I have few questions.

1) Can they now file cap exempt h1B petition or not.
2) Is there any time limitation for filing new petition as the current was denied or they can go and file new H1b petition.
3) They are planning to file my petition in a new project rather than the same project which they filled in my last petition. This project is there own product and there won't be any client interaction will these increase the chances of me getting the Visa if the petition gets improved.

Thanks
Sudhakar

[shervin143]

1) Can they now file cap exempt h1B petition or not.
>>> They can.

2) Is there any time limitation for filing new petition as the current was denied or they can go and file new H1b petition.
>>> They can file it anytime.

3) They are planning to file my petition in a new project rather than the same project which they filled in my last petition. This project is there own product and there won't be any client interaction will these increase the chances of me getting the Visa if the petition gets improved.
>>> That depends on the documentation that you submit ralted to the internal project.

[vytla]

Thanks Shervin for the answers.

Just wanted to confirm again even though you said H1B be can be filled any time.

Is there any time frame we need to wait until we file a new H1B when the current one is denied.

[shervin143]

There is no such time limit.

Thanks Shervin for the answers.

Just wanted to confirm again even though you said H1B be can be filled any time.

Is there any time frame we need to wait until we file a new H1B when the current one is denied.

[vytla]

Shervin,

I heard that my employer can file new H1B petition in cap exempt until the USCIS review's the current petition and denies it. once it is denied we cannot file new petion under cap exempt.

My question over here is what happens if my new petition is filled under cap exempt before the reviews completes of the old one and in the middle the old petition is denied after the reivew, will they still be processing my new petition which is filled under cap exempt.

[shervin143]

This is not true. Even if USCIS denies the petition, the CAP will still be valid. Only the petition is denied. Any employer can file another petition using the old CAP. I am not sure from where you are gathering all this information. I suggest you consult a good immigraion attorney.

Shervin,

I heard that my employer can file new H1B petition in cap exempt until the USCIS review's the current petition and denies it. once it is denied we cannot file new petion under cap exempt.

My question over here is what happens if my new petition is filled under cap exempt before the reviews completes of the old one and in the middle the old petition is denied after the reivew, will they still be processing my new petition which is filled under cap exempt.

[vytla]

Thanks Shervin for clearing all my doubts.