h1b approved - not stamped

[Rmysari]

Hi folks,

I have filed my petition for h1d in 2008 and it got approved and valid till 09/20/2011. Due to recession I went to stamping in 2010 but since my employer couldnt submit all required documents so they have visa is rejected under sec 221(g), this section says that counsler officer couldnt issue visa since the requirements are not meet.

Now I am in US on L2 and wanted to reopen the same petition which is rejected.can I use the same h1b petition or reopen or do I need to apply under new cap.

Some says that only visa is rejected and not petition, so I can re open the same petition.

Friends pls help.

[livliv]

Hi folks,

I have filed my petition for h1d in 2008 and it got approved and valid till 09/20/2011. Due to recession I went to stamping in 2010 but since my employer couldnt submit all required documents so they have visa is rejected under sec 221(g), this section says that counsler officer couldnt issue visa since the requirements are not meet.

Now I am in US on L2 and wanted to reopen the same petition which is rejected.can I use the same h1b petition or reopen or do I need to apply under new cap.

Some says that only visa is rejected and not petition, so I can re open the same petition.

Friends pls help.

Visa denial does not mean that underlying petition is revoked.

And irrespective of that, any employer can always file a cap-exempt petition for you at anytime, since you have been cap-counted.