H1 approved but subjected to counsular processing. Employer delaying documents for my VISA Stamping. Can I file for a new H1 in April.

[vgoli]

Hi,

 

I am on H4 now.

I applied for H1 last April. There was an RFE on my case and was eventually approved in October but Change of Status denied. The H1 approval was subjected to consular processing meaning I had to go for VISA stamping in order to get the H1 approved.

My employer has been delaying the process of providing me with the required documents for VISA Stamping.

 

In this case can find another employer who is willing to sponser H1 this April and apply for a new H1?

 

Please let me know.

 

Thanks,

 

[jairichi]

Hi,

 

I am on H4 now.

I applied for H1 last April. There was an RFE on my case and was eventually approved in October but Change of Status denied. The H1 approval was subjected to consular processing meaning I had to go for VISA stamping in order to get the H1 approved.

My employer has been delaying the process of providing me with the required documents for VISA Stamping.

 

In this case can find another employer who is willing to sponser H1 this April and apply for a new H1?

 

Please let me know.

 

Thanks,

Provide the copy of existing I797 to a new employer to file a cap exempt H1B petition anytime. If you do not have the documents you can file a FOIA and get those documents.

[rahul412]

New employer can file your H1 this year.

[pontevecchio]

You do not have to wait for April. Get a new employer to file a H1 petition with COS from H4 and start on approval.