H1b Administrative Processing, filing new H1

[H visa questions]

Hello All

 

Need some help with the following

 

H4-H1b COS approved. Went to India for stamping and application is under administrative processing for past 3 months. I have the following questions

 

1) Can I file a new H1 with a new company while my application is under administrative processing?

 

2) If my first H1 gets rejected, can I travel back to US on H4 and then file H1b with COS?

 

3) Will I be cap-exempt or should I wait for the next quota to open (note: second offer is from a different job field/category)

 

Thanks in advance

 

[jairichi]

Hello All

 

Need some help with the following

 

H4-H1b COS approved. Went to India for stamping and application is under administrative processing for past 3 months. I have the following questions

 

1) Can I file a new H1 with a new company while my application is under administrative processing?

 

2) If my first H1 gets rejected, can I travel back to US on H4 and then file H1b with COS?

 

3) Will I be cap-exempt or should I wait for the next quota to open (note: second offer is from a different job field/category)

 

Thanks in advance

1. Yes.

2. Yes.

3. Cap exempt.

[rahul412]

1. Yes you can.

2. yes

3. Yes.

[H visa questions]

Thanks for the replies, need a clarification even if visa gets rejected te new H1 petition will be cap exempt?

[rahul412]

Thanks for the replies, need a clarification even if visa gets rejected te new H1 petition will be cap exempt?

Yes, once your initial H1 is approved then your next H1 is cap exempt.

[maltir]

Hello All

 

Need some help with the following

 

H4-H1b COS approved. Went to India for stamping and application is under administrative processing for past 3 months. I have the following questions

 

1) Can I file a new H1 with a new company while my application is under administrative processing?

 

2) If my first H1 gets rejected, can I travel back to US on H4 and then file H1b with COS?

 

3) Will I be cap-exempt or should I wait for the next quota to open (note: second offer is from a different job field/category)

 

Thanks in advance

Do you know why your visa has been under Administrative processing for past 3 months?

I got my H1B visa extension from USCIS, came to India for stamping but it has been two weeks and my case is still under Administrative Processing and they haven't intimated me for any documents or 221g etc. I am wondering if our case is similar.

[H visa questions]

Hi thanks for the replies. I got a 221g white slip along with a request for employer documents like tax etc . However my visa was refused 

[rahul412]

Hi thanks for the replies. I got a 221g white slip along with a request for employer documents like tax etc . However my visa was refused 

So your employer was doing something wrong.

Next time find a good employer.