Need Suggestion on H1B visa status

[Nutalapati]

Hi All,

 

I got a job in a US based company 10 years ago and the petition for my H1B had been approved with that firm, but when I attended for the visa interview in Chennai,  I got a 221(g) requesting some additional details from employer.  Upon providing those details to the embassy,  they mentioned this case is still under review.  Couple of years later,  I got a letter from Embassy stating “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”. 

 

Here is the current status of that H1B petition under Case Status section in USCIS website –

 

“On March 2, 2009, the Department of State sent us your case for review. We are reviewing it, and will notify you by mail when we are done. Please follow any instructions in the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.”

 

I appeared for an interview with a US based company recently and they are willing to sponsor for my H1B petition. When I was explaining them about my previous H1B situation,  someone from HR department suggested I might be eligible for H1B CAP exemption since I have an approved H1B petition and they can initiate a H1B transfer by using the old petition details rather apply for a new petition.

 

Please advise what would be the best course of action here;  would it be better if the new petitioner file a new H1B on my behalf on a regular quota or should I provide them the old H1B details so that they can initiate the H1B transfer.  I am really excited about this new job and I don’t want to jeopardize my situation because of my old H1B experience.

 

I hope you understand my dilemma,  please advise!

 

Thanks for all your help in advance,

 

Nutalapati Brahmayya

[pontevecchio]

Since a "transfer" is also a new petition you stay out of it and accept any job offer and let them do whatever they think appropriate.