VISA Refused

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One of my relatives got 797 approved during the year 2022, and last year he appeared for a visa interview. The counselor refused the VISA and asked for more details from the employer. We have few questions, hope we can get some help here.

  • Can he apply for a new H1B this year?
  • Should we ask the previous employer to revoke earlier H1B? still the status is showing as refused.
  • Do we have the option of transferring the old H1B to the new employer? if yes, what kind of challenges we may face during the process?
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thanks for responding. 

1. If he applies this year and suppose his petition gets approved this year as well, will USCIS or people at consulate are going to review previous case as well? Should the previous petition be revoked before applying new petition this year?


2. the previous employer was not able to provide the requested documentation. So they did not respond.

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Ans 1.   If your relative gets picked up in lottery again, Let the new employer know at the time of filing petition about the previous H1b (in fact give him the soft copy), and he will fill the form accordingly.  H1b is an employer's document and he may have already revoked the previous petition.  Good Luck.



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