H1B extension with current employer pending since an year. Thoughts on another employer applying for new H1B

[chinnu78]

To give a complete background,

My first H1B with employer A was approved in Jan 2008 and I moved to USA in the same month. That was valid till March 2010. I visited India twice before the validity expired. Employer A got the approval I797 for another 3 years. I didn't need to visit India till last year and I thought of getting it stamped anyway from Mexico and visit India anytime I want and not spend time on visa extension process in India.

I went Mexico in Oct 2011 for the stamping but I was made go through multiple rounds of interviews for about 90mins and I was deported to India. Main reason I and my employer figured is the employer-employee clause in H1B. (I was an employee of A and I work for client C though a vendor B).

My employer then filed a new H1 on premium (same contract: project at client C through vendor B) and I went for the stamping in India in Dec 2011. They issued 221g and asked me to send a few documents. And I got all the docs from employer and mailed them to the consulate. Received a notice in Jan 2013 stating that the case has been sent back to USICIS for further review.

USCIS didn't respond for almost over an year. Every time my employer/attorney tried to reach out to USCIS, no clear responses and sometimes false responses or excuses. A couple days back they sent a letter "Intent to revoke". If I still have to go through the same A-B-C contact, I was thinking of giving up with that.

Now that my client C is very much interested to file a new H1B but wanted to wait until the current case is resolved. I think a transfer of H1 is not an option as I don't hold a valid I94?

If I decide and revoke (of course I would request employer A) the current case and ask client C to file a new H1, would I have to wait until October 2013 to travel to US or can I do so as soon as I get the visa stamped? Are there any complications in doing so?

[binoca82]

If you are cap counted within the last 6 years, you can go for a cap exempt petition. So you may not need to wait until Oct. C need to process a new H1 petition with immediate start date, then get the stamping done and travel to US.