Filing H1b rules for I-140 approved

[trivedi3377]

Hi,

I am on H1b visa and was in usa for 5 yrs. My I-140 is approved and my sixth year is running of H1b visa. I came to India for vacation and got stuck in 221(g) query. My visa stamping is under admin processing and don't know how much time it will take to finish this query. Meanwhile I am thinking of different option like find new company who can file my H1b.

My question is that :

If some new (other) company wants to file H1 for me than does he has to file in New H1b in quota ? or How new sponsor company can file my H1B? Remember my -140 is approved last year and I got another three year extension upto May -2014.

Pls. let me know.

[kalyan_ac]

You can use the same petition to file with a new employer and use the remaining period of the 6 yr term or wait for one year and then file in the quota for new 6 yr term.

If your old employer does not revoke your I140, you can use that to claim a 3 yr extension/transfer.

[cna]

When was your interview and which consulate?

I had my interview on Feb 1st 2012 at Hyderabad Consulate and waiting since then on 221g.

[trivedi3377]

@cna,

My interview date : Nov, 22,2011 at New Delhi.

Date receive of the letter : Feb 10th,2012.

On feb 10,2012, I received my 221(g) reply from US consulate and they sent my

case back to USCIS. Since than I am waiting for updated status from USCIS. There is NO update at USCIS website with my

petition.