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NishanthM

H1 visa stamping when previous petition is pending

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Hi,

Here is my situation. My H1 visa was expired on 30th Sep, 2018 but my extension was timely filed.  While this is pending, i had to change the project and file amendment petition with new project and this got approved with starting date as 1st March 2019 (3 years validity).   I have received RFE recently on my previous pending petition and my attorney suggested that this application can be revoked as there is no use with it. Furthermore, he suggested i can go to stamping with new approved I797 ignoring the other pending petition.  

Now, can i go to Visa Stamping in this situation with my new approved I797 copy?  Is there a chance of 221g cause of pending petition or gap in I797 dates?   

Thanks,
Nishanth 

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Now, can i go to Visa Stamping in this situation with my new approved I797 copy?  - Yes

Is there a chance of 221g cause of pending petition or gap in I797 dates?    They may try to dig into it if they feel so. They MAY be or MAY NOT be. No can predict your future. If your profile is clean you can get. Just be confident, prepare well.

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