can i-797 be transferred after receiving 221g


sharmapri

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Hi

 

I have appeared for visa interview in New Delhi consulate. She issued me 221 g(white slip) asking further more documents from my employer, which includes:

1) A copy of the petition with all supporting documents as filed with USCIS.

2)A copy of the employment contract as signed by me and my Employer
3)A copy of agreement between US bases petitioner and client company

4)A client letter 

5)A detailed job description of the project to which I will be assigned

 

I have been seeking my employer for the same for long. However, they have not provided me the documents yet. 

Just want to understand that is it possible for some other employer to initiate a h1b transfer for me even if 221 g is issued. I have approved i-797.

 

Please clarify.

 

Thanks

 

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A new employer can file a cap exempt H1B petition and after approval you can apply for a H1B visa and enter US.

Thanks for your response. 

 

My employer has sent me some documents. However client letter is still missing because as per LCA and RFE, I will be working at my employer location only.Though, I doubt that if I will get visa approval after submitting these documents.

 

In case if i get do not get a visa approval, then also can a new employer file a cap exempt H1B petition as even then I will have i-79 with me.

 

Thanks

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Thanks for your response. 

 

My employer has sent me some documents. However client letter is still missing because as per LCA and RFE, I will be working at my employer location only.Though, I doubt that if I will get visa approval after submitting these documents.

 

In case if i get do not get a visa approval, then also can a new employer file a cap exempt H1B petition as even then I will have i-79 with me.

 

Thanks

If there is no client involved then no need for client letter.

Yes, you are still cap exempted.

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@Jairichi :Thanks for the quick response 

 

The project for which I have to work is for another Employer B but is operated at my Employer(Employer A) location only. They are in contract for many years. This being the reason consulate asked for client letter. However, because I will be working at my employer location only, that's the reason they do not have the client letter. Although they do have the contract that describe project details and payments received.

Now I have two queries:

1) Do I need to submit documents given by my employer as I doubt it may result in denial of visa in my case?

2) If I submit my documents and get NOID(Notice of intent to deny) from USCIS then will I still remain cap exempted and can get my h1b transfer through some other Employer?

 

Please suggest.

 

Thanks

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