I797 Approved But Got 221g During Stamping

[JAYACHANDRA]

Hello There, 

I applied for H1B during April 2015, and luckily got picked up in the lottery and my I797 got approved however during stamping on 25th Jan 2016 I was given 221G advising to provide sufficient documents and the same was sent to them via E Mail on March 18th 2016. Till now the case shows under admin processing. And my I797 expiry is Oct 2018. 

I have checked my case online (CEAC) even today and it shows the below.

“Case Creation Date:	25-Jan-2016
Status Updated Date:	18-Mar-2016

“Your visa case is currently undergoing necessary administrative processing. This processing can take several weeks. Please follow any instructions provided by the Consular Officer at the time of your interview. If further information is needed, you will be contacted. If your visa application is approved, it will be processed and mailed/available within two business days”

When my petitioner raised to USICS to check the status the below is the response they have received from them on the 10th Of August. "The referenced case is pending additional administrative processing. Our office will contact the applicant on completion of the processing"

In this situation I would like to know the below

1) Can a new employer make use of my approved I797 and apply a new H1B throughout the year ? 
2) What is tax exempt, and how will I know that I fall under cap exempt category or not? 

Will wait for your advice, as I am struggling for the last 8 months but no progress. It is been in the same state and my approved petition is getting wasted. Please help. 

Note: I have not traveled to USA before, this is my first USA application. 

Thanks 
Jay

 

 

[shekar11#]

New employer cannot use your I-797 because you never entered the country using the I-797. You need to wait for the case to be resolved. If you file through new employer you need to go through lottery again. You can discuss your case with Murthy firm in Chennai office.

[boilerdam]

Interesting that your case was updated per the online system on 18th March after they received the email with your docs. 

I got a 221G as well at Chennai. My interview was 9th Dec and the docs reached them on 14th Dec. When I track my case online, it still shows "Administrative Processing" with the same text as you but it says this:

"Case creation: 8th Dec 2016

Case updated: 9th Dec 2016"

1) Why was the case created before my interview? Is it per US time? I was issued a 221G at about 2pm on 9th Dec, which is already 9th Dec EST

2) Shouldn't my case be updated on 14th Dec? We already got the automated acknowledgement email immediately.