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adiludm@gmail.com

H1B Revoked? Next Step Please

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Hi .

I Have a question to the experts. Here is my case. On March 7th I went for my stamping in Chennai and was given 221(g) and was asked to submit additional docs. After submitting the docs I got a refusal letter from Chennai in June.The model was E-V-C.

On October 13th I went for stamping again on E-V-C. different employer .Hyderabad consulate and was rejected saying that there should be E-C model and said that my visa is denied and petition sent back to USCIS. if USCIS reaffirm the petition then i can proceed for visa.

There is an MNC in India who hired my and wants to process my H1-B .My question is Can i transfer my old H1 or should i b applying for new h1?

If I am applying for new H1 is there chance that quota is still open?

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You are not subject to the quota. Your current employer needs to file H1B transfer petition under Premium. When it gets approved you will have to go for stamping, once approved you can travel.

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i wanted to know as this is going to be my 3rd attempt in this year. What are the chances of approval considering I have all the documents and Employee and Employer relation.

Should I be aware of any more things.

And my other question is : Is it possible to apply for a new H1B . ?

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@Adil,

I am in sort of a similar situation where my first visa was denied and the second one, though EC model, is stuck on 221g. I have been wondering if I should go for a 3rd petition or if I should just wait. For now I am waiting. But I'd be curious to see the outcome for your 3rd petition should you go ahead with one.

In any case, the H1 transfer only works when you are within the United States. It will always be a new petition when you are out of the country - but cap exempt. So I am guessing you got your second petition for a 3-year period, correct? The same should apply for a 3rd one. Good luck.

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