I-797 vaidity


221g_blue_np

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Hi,

In 2008, my I-797 was approved by USCIS and I went to visa interview in April 2008. I was given 221g a couple of times but my visa was never rejected. After I replied to those 221g RFE, I got one more 221g, but they were asking exactly the same information which I sent them in previous response to the two 221gs.

My employer said that consulate has no intention of rejecting my visa and at the same time dont want to issue my H1 visa which is why, they are using this delay tactics.

The validity on that I-797 was up to March 2011.

My query is, I found a new sponsor now in 2012 who is willing to sponsor me H1B. Is my I-797 valid for 3 years or 6 years? Is there a way to renew this I-797 and not subject to CAP count or wait until 2013 April 1st for the fresh CAP to open up?

Thanks in advance.

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