221g queries

[pammu]

Hi All,

I have few queries regarding this 221g.. request you all readers to share your thoughts on this.. please..

Mine is 1st time h1b and am caught in 221g admin process.. waiting since 6 months.. my doubts are

1. Who can withdraw my petition? me or my employer?
   
2. Are there any cases of admin processing taking more than an year? as it is said by consulate that 221g is valid for 1 year.. so can i expect some definite result within an year at least?
   
3. Can my petitioner(employer) file a new petition exempt from cap and send me for consulate interview again when previous is still pending with 221g?
   
4. If a new employer is ready to file a petition for me then can this petition struck in 221g be transferred to new employer as this is approved from USCIS?
   

badly awaiting for all your valuable responses..

thanks

pammu

[Attorney_10]

Generally, only the emplyoer may with the H1B petition and only the employee/applicant may withdraw the H1B visa application at the U.S. consulate. Generally, if one has already been counted against the numerical H1B quota (i.e. was present in the U.S. when the H1B petition took effect or applied for and was issued an H1B visa), then a subsequent petition would not be subject to the H1B cap. Once a new petition is approved the applicant may apply for a new H1B visa application based on the new approval. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts relating to your case and the different options available to you.

[pammu]

thank you so much Attorney_10 for your time and valuable response..

As I said this is my first time h1b and have never been to US before, so could not schedule an appointment with attorney and trying to know the options from various other sources

Request you to just confirm me about my understanding from your reply

• If my wait is reaching an year or taking long time then I can go ahead and withdraw my petition at US consulate and try with another new employer.
  
• My present employer can file a subsequent petition exempt of cap since I have approved petition from USCIS which has been already counted for the cap
  

thanks

pammu