H1B visa denied

[cris222]

Hi all,

I am working for a IT company in India and recently applied for H1B visa which was approved and during my visa interview I was asked to submit additional documents and was given 221 (g). Recently I have came to know through my employer that its been denied.

My question is, since my application is denied, does that mean I have been counted aganist cap and can apply for H1B if I can find a new employer or should I wait till next year H1B quota opens again in April and apply for a new application.

Thanks in advance.

[vinodhts]

You need to wait for new quota , if the current year is not full then u can apply for h1 through multiple employers.

[JoeF]

If the H1 petition was approved, you have been counted for the quota. the visa is separate from that.

[pontevecchio]

You should talk to a Lawyer. Unless the petition is sent back and revoked you should be able to be considered cap counted.

[cris222]

Since my petition was approved and visa was denied, does that mean my H1B visa is still valid (in case not revocked).

In that case, if I come to USA on L visa and then find a new employer who can apply for COS to H1 for me. Is this a possible option to consider.

Please advice.

[pontevecchio]

Please do not confuse the word H1 petition with the words H1 visa. You should discuss options with a Lawyer.