US visa didn't go through twice in India and now I am in UK


221g_blue_np

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Hi,

My H1B was refused under section 221g (blue) way back in 2008. The Chennai consulate kept on sending same 221g form despite providing the information they ask every time. Not sure if this was a deliberate delay tactics to make my I-797 expire, which did occur, i.e. my I-797 expired in 2011 March. After that I stopped pursuing H1B itself.

In late 2011 (around Sept 2011), my company (a very big US based MNC in bangalore) wanted to send me to the states on a business trip for about 8 weeks. My B1 visa was also refused under section 214b this time :-(.

After that I had to move to the same company but in UK branch on a long term work visa. To be precise it's Tier-2 Intra Company Transfer UK visa, valid for about 5 years (Initially 3 years but extendible for 2 more years later). I am in the UK from past 9 months.

I hold an indian passport. Now my questions are:

1. Is I-797 validity 3 years or 6 years?

2. Can I apply for a new H1B (from some other company in the states who is willing to employ me) or L1 (from the company I am working here in the UK) in American Consulate London (UK) or I need to go to my home country (India) where my passport is issued and first 2 visa processing (refusals) took place there. (H1b refused under 221g in Chennai and B1 refused under 214B in Delhi).

3. If my I-797 is valid for 6 years, am I eligible to apply for H1B right now though the quota for this year has vanished already? Or I need to wait till April 1st 2013 to apply for H1B?

Thanks a lot in advance. Please help me with the information that you know on these queries.

Regards,

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