New H1b Petition after H1b stamping Rejected


anjanan

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Hi Expert team,

 

help needed in my queries or concerns,

 

I had applied for COS last yr under MS quota from OPT- H1b. It was approved till October, 2014. On an emergency, I had come to India and went to stamping on May 6th this year. I got 221g and last week received rejection document from them. In the document, the text says as below

 

"Action in ur case has been suspended under 221g of the United States INA pending further administrative processing. The petition is being returned to uscis for review. upon completion of review, uscis will contact ur petitioner."

 

"Therefore, pursuasnt to 9 FAM 41.53 N2-3, the reviewiing officer has decided that the petition should be returned to the uscis with the recommendatiion that it be revoked. The process includes review by the Non immigrant Visa Chief. when uscis receives the returned peteion, they will contact petetioner, who will havean opportunity to rebut consular findings concerning this case. if uscis revokes the petetion, the beneficiary may become ineligible for a visa under INA section 212a6ci. if uscis reaffirms the petition, the petition will be returned to post for further processing."

 

 

Concerns:

1. If my company or other company is willing to file H1B again for me, will I become cap exempt.

2.If so, how soon does I need to apply new H1B petition.

 

 

thanks in advance Murthy team and members...

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