H1-B Cap Exempt or not

[immiquest2014]

Employer "A" applied for H1b for the first time in 2014 quota, it got approved as consular processing. Received 221(g) in Visa interview, still in process. Had to travel on H4 due to family reasons. 

 

1.Can any new employer "B"  file a cap exempt petition for me? 

 

2. Can employer "A" apply for Change of status from H4 --> H1-B ? is it risky considering it landed me in 221(g) in visa interview. End Client is same but definitely better documentation available now.

 

 

[jairichi]

Employer "A" applied for H1b for the first time in 2014 quota, it got approved as consular processing. Received 221(g) in Visa interview, still in process. Had to travel on H4 due to family reasons. 

 

1.Can any new employer "B"  file a cap exempt petition for me? 

 

2. Can employer "A" apply for Change of status from H4 --> H1-B ? is it risky considering it landed me in 221(g) in visa interview. End Client is same but definitely better documentation available now.

1. Yes.

2. Yes, employer A can file COS from H4 to H1B. No risk as long as you have sufficient documents.

[t75]

What was reason for 221?

[immiquest2014]

No Reason given just Blue slip saying additional processing needed. Waited in India for 4 months then traveled back on H4.

[ineelabh]

Hi All,

 

I am current working for a company i.e B which has filled my H1b Transfer(PP) from company A , just today it got rejected. After consultation with friend, i want to know if my company B files a new H1B,  will i come under exempt or not ? 

 

Regards,

Neelabh Gaur

[jairichi]

Hi All,

 

I am current working for a company i.e B which has filled my H1b Transfer(PP) from company A , just today it got rejected. After consultation with friend, i want to know if my company B files a new H1B,  will i come under exempt or not ? 

 

Regards,

Neelabh Gaur

Reason for denial? If the reason for denial is based on you or your employer B then it would be denied again. Wait to know the reason for denial. Your H1B petitions are cap exempt till you reach the max allowed of 6 years stay on H1B.

[ineelabh]

Reason for denial? If the reason for denial is based on you or your employer B then it would be denied again. Wait to know the reason for denial. Your H1B petitions are cap exempt till you reach the max allowed of 6 years stay on H1B.

 

Hi Jairchi,

 

I am stilling waiting for USCIS Notice , can you help me to know say if my petition is rejected on 25 March as per USCIS website and i got notice on 28 March , will this 3 days of stay is illegal.

 

Regards,

Neelabh 

[jairichi]

Hi Jairchi,

 

I am stilling waiting for USCIS Notice , can you help me to know say if my petition is rejected on 25 March as per USCIS website and i got notice on 28 March , will this 3 days of stay is illegal.

 

Regards,

Neelabh 

You are fine.