Can H1B transferred after approved petition expires


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Hello

My brother got H1B through Company 'A' with approval till Sept2019. He attended 
Visa Interview in Aug2018, but got 221(g) asking more info on Employer.
His employer told that he responded to the 221(g) with requested information. 
Whenever we ask his employer about the decision from USCIS, always gets a 
response "Still waiting the response from USCIS."

Is it possible to get the Cap exemption as he had an earlier I797 approval 
and move to another Employer for extension? or is it considered as the previous 
petition expired?


Thanks in advance..

Saanjali..

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On 1/9/2020 at 9:35 PM, Saanjali said:

Hello

My brother got H1B through Company 'A' with approval till Sept2019. He attended 
Visa Interview in Aug2018, but got 221(g) asking more info on Employer.
His employer told that he responded to the 221(g) with requested information. 
Whenever we ask his employer about the decision from USCIS, always gets a 
response "Still waiting the response from USCIS."

Is it possible to get the Cap exemption as he had an earlier I797 approval 
and move to another Employer for extension? or is it considered as the previous 
petition expired?


Thanks in advance..

Saanjali..

Was he ever in US on H1 visa? If yes, he will be cap exempt. 

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