221g on H1B Extension - Doubt on Filing new H1B


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Hello All,

An over view of my case -

VI - April 2011

Delhi Embassy

H1B Extension

EC Model

In Aug, my case was received by USCIS for review.. Although there is no formal email / letter which I have about this from the Embassy. My passport is still with the embassy..

I have the following questions : -

1) When my case is sent back for review to USCIS, does it mean the case is still pending ??

2) If the answer to the above is yes, instead of waiting for a re-affirmation, can I file for a new H1 through a new employer ? (Mostly the H1 was sent back due to employer credentials, hence I dont think its good for me to file thru the same employer)

3) New H1 - will it be cap exempt ?

4) Is the process of filing same for cap exempt - 1st an LCA , then the I 129 form. Will I have to provide details about my previous petition (which is under review at USCIS, to prove the cap exempt status)

5) If the new H1 is done under premium processing & the visa is approved, can I start working by Oct 2011 ?

6) Does it matter about how many H1 employees are there at the new employer ?? Say if I am the 1st one at the new employer, does this have any issue wrt visa interview ?

Since I am from a medical field , I am looking for direct clients (clinics or hospitals) & these have very few H1 employees

Any inputs / suggestions on this would be appreciated..


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