H1 transfer visa stamping while previous employment NOIR in progress.

[selva_us_visa]

 

Hi everyone,

I am on H1B job, have questions on H1 job transfer when NOIR in progress

1.     If my previous petition revoked after NOIR response from ex-employer, will that make my new employer filed visa application for stamping disqualify?

Background:

In May 2017 when I was in USA, I got 797 approval after RFE through my previous employer A (H1 transfer), but the notice stated that I need to go through counselor processing for VISA stamping.    

In June 2017 after returning to India, I attended VISA interview at Chennai consulate, Visa officer issued me 221g white slip, mentioning administrative process and returned my passport.

In August 2017, I was informed that my visa was denied with a following email:

This is to inform you, that your H1b case has been denied under Section 221 (g) of the United States Immigration and Nationality Act (INA) pending further administrative processing.  The petition will be soon returned to United States Citizenship and Immigration Service for review.  Please contact the Petitioner for further information.

I got new job offer from employer B on Dec 29^th 2017 and I got job relieving letter from my previous employer A on Dec 29^th 2017.

Employer B got H1 transfer I-797 approval (premium processing) without RFE which is valid from Feb 1^st, 2018.

A day before my visa interview for employer B, my previous employer A has got NOIR.

In my recent visa interview (through employer B) VO issued 221g blue slip under admin processing (no further document needed), returned my passport.

2.     Will my case be considered as cap-exempt?

3.     What are my options?

 

I highly appreciate your helpful inputs.

Thanks.

Selva

  

 

 

[kksk]

Hi Selva - Any updates . ?

I am in a similar situation little different from your case. H1B approved for consular processing, we went back to USCIS and made an argument to approve the extension of stay. USCIS then issued an NOIR and I left the country. We submitted an NOIR and waiting for the decision.

I am not sure in the meanwhile I will be able to go for VISA stamping. I have other employers willing to sponsor in premium. Wanted to know how it went for you.

BTW, what is the reason for consular processing of your case with Employer A ?