Advice on Cap-Exempt Petition filing

[Sudhakar0204]

Hi Forum

 

Please advice on the below situation:

 

Initial H1b petion filed : April 2007

Stamping Done : June 2008 but didn't enter into US on that visa

 

2nd H1b Petition Filed : April 2012 as a cap exempted petition

Attended Visa stamping : Jan 2013 but case went into Administrative

                                        processing 221G

 

1.    In the above situation if a new employer wants to file another H1b

       petition, will it be possible to file as a cap exempted or it will be

       subjected to cap?

 

2.    can the new petition be filed immediately or have to follow the

       normal time lines? 

 

Kindly advice on this...

 

Regards

Sudhakar

[Sudhakar0204]

Some one Kindly advice on this... 

[jairichi]

Hi Forum

 

Please advice on the below situation:

 

Initial H1b petion filed : April 2007

Stamping Done : June 2008 but didn't enter into US on that visa

 

2nd H1b Petition Filed : April 2012 as a cap exempted petition

Attended Visa stamping : Jan 2013 but case went into Administrative

                                        processing 221G

 

1.    In the above situation if a new employer wants to file another H1b

       petition, will it be possible to file as a cap exempted or it will be

       subjected to cap?

 

2.    can the new petition be filed immediately or have to follow the

       normal time lines? 

 

Kindly advice on this...

 

Regards

Sudhakar

(1) It can be filed as a cap exempt petition. For H1B visa stamping, since you are already under consular processing for a previous H1B visa application I believe you have to withdraw your earlier H1B application and then apply for new H1B visa stamping.

 

(2) It can be filed immediately.

 

What makes you feel that you might not get 221g again? Is there any drastic difference between the 2nd employer & prospective employer? Did 2nd employer fail to provide any additional document requested by VO?

[Sudhakar0204]

Hi Jairichi

 

Thanks for your reply. Infact during my 2nd H1b interview, the consular officer didn't even ask for a single document. They have retained my Highest qualification academic transcript and marks memo, Client letter, Contract between employer and client, foreign degree evaluation prepared by the professional.

 

After few months the consulate has returned my academic certificates along with another 221G form saying my case requires further more admin procssing. 

 

I don't see any flaw in my case as the 2nd employer is a preferred vendor with many fortune 500 companies and also the employment i got with one of those clients. 

 

Thats why i would like to try with another employer who is at the same profile.

 

And kindly clarify one more question: I have seen some where that with in 6 years from the initial petition ( cap subjected petition i.e. in my case 2007 petition) date, a subsequent petition can be filed as a cap exempted.. Does this apply in my case?

 

Regards

Sudhakar