Case sent to USCIS for further review 221g

[ShravanDivity]

Hello,

I applied for H1B in April2016 and got seleceted through lottery. My petition got approved in Jan 2017 for 1 year valid till Jan 2018.

I went for visa stamping in April 2017 and received 221g. Now my Petition has been sent back to USCIS by DOS for further review. 

1) In this scenario Can I go for H1 transfer with another employer under cap exemption.

2) If my original petition is revoked by USCIS, will it have any impact on new petition while H1 transfer is in progress.

Please advise and no  guessing  please.

 

 

 

[pontevecchio]

Basically you have not yet been considered cap counted until you get the visa stamped and/or worked for the sponsor at least for a day. The State Department may choose to reaffirm the petition in which case they are saying the petition is fine and then you can go for visa stamping. Unfortunately this takes a lot of time.

[ShravanDivity]

Hello pontevechhio,

i really dont think stamping is required for h1 transfer.

can you please double check and confirm 

[sdpard]

 

On 6/22/2017 at 7:37 AM, ShravanDivity said:

Hello pontevechhio,

i really dont think stamping is required for h1 transfer.

can you please double check and confirm 

You have not started your H1B yet, right? So, you cannot do a transfer. You can only transfer a valid H1B and validity kicks in when you start working with your H1B.

 

*Not a legal or expert opinion.