H1B stamping 221G and new H1

[seema3982]

Hi,

I will be going to India in july for my H1 stamping. The current H1 is valid until Aug 2014. If I happen to get a 221G or a rejection during my stamping, but I find another employer ready to process my H1 is it considered as a new H1 or an h1 transfer? Will the quota for the new yr come into play here? what if the current year quota for H1b expires by the time I go? Will I not be able to have my H1 processed until next year? I am confused as to whether it would be counted as a new h1 or h1 transfer

please suggest!

[infyguy]

It will be a new H1 but it will not come under Quota. It will be a filed as cap exempt new H1B.

[seema3982]

thanks infyguy. So even if the quota is full, i can still have the other company file my h1 and come back immedietly? or wait until 1st Oct 2013 to come back?

[Phal]

Better go to Mexico or Cananda for stamping.

[ukhry]

PLease see --- http://forum.murthy.com/index.php?/topic/53104-h1b-visa-stamping-denied/page__p__200249#entry200249

[seema3982]

@ukhry Thanks.. I am still unclear...use the same H1 Cap means? Even if the H1cap for this year that will begin in Apr 2013 gets full by july I can still apply correct? and If I get it approved do I wait until Oct 1 to come back to US?or I can come back as soon as i have it approved and stamped?

[itsmeusa]

@Seema, as soon as H-1B petition is approved, you would need to get a new H-1B stamp and you could come immediately. Oct date is only for someone who has filed petition which is not cap exempt.