Can same employer file h1 when h1 is withdrawn because of administrative processing and came on h4

samanthagadde

By samanthagadde,
in H1B : General

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samanthagadde Newbie

samanthagadde

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I came on H1 to india and got  221g administrative processing. I waited 5 months for the issue to be resolved but i didnt get any response.so i came on h4 to USA.  Now can i apply H1 COS with the same employer . Will there be any issues while filing with the same employer from which i got 221g administrative processing.

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jairichi Advanced Member

jairichi

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Posted

I came on H1 to india and got  221g administrative processing. I waited 5 months for the issue to be resolved but i didnt get any response.so i came on h4 to USA.  Now can i apply H1 COS with the same employer . Will there be any issues while filing with the same employer from which i got 221g administrative processing.

Yes, same employer can file a cap exempt H1B petition with COS from H4 to H1B.

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rahul412 Advanced Member

rahul412

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I came on H1 to india and got  221g administrative processing. I waited 5 months for the issue to be resolved but i didnt get any response.so i came on h4 to USA.  Now can i apply H1 COS with the same employer . Will there be any issues while filing with the same employer from which i got 221g administrative processing.

That depends on why your initial H1 was refused?

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