Reapplying H1B after rejection under 221G

[bauer24]

Dear Members,

 

I need some advise. I had a H1B earlier (2005-2009) and my visa was denied at Delhi consulate under 221(g) in August 2009.

 

The reply from consulate stated 'Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations'. It further said that the I-129 filed on my behalf will be returned to USCIS.

 

I would just like to mention that my employer was a small consulting company that used to put us as contractors on projects. Since the rejection,  I have neither applied for H1B nor traveled to USA on any other visa. 

 

Recently I have contacted my employer again and he mentioned that he can file for H1B for me again and it will be exempt from the quota since I still had few years left on my earlier H1B petition. My employer has now more than 50 people on payroll.

 

Can you please guide me on following:

1. It is OK for me to give a go-ahead to my old employer for applying for H1B ? Asking this since the visa fee itself is coming to approx $6325. I would also like to mention that my old I-129 was approved for my skill-set as Software Developer. My current profile is that of Project Manager. 

2. Should I apply for fresh H1B under quota through a different employer?

[bauer24]

Guys -  appreciate any advise please to my query above. 

 

Many thanks in advance

[shekar11#]

Better to file a H-1 with a different employer since USCIS has already rejected your application with your old employer.

[bauer24]

@shekar11# I am now working for one of Top-10 IT companies in India. Can my company file for H1B for me and will it be cap-exempt too? 

[pontevecchio]

Any suitable company can file your H1. You have the 2 year remainder option non cap or you could have a company file in the cap for next year.