H1b VISA 221(g) white slip under process

Question

Hi,

 I have appeared for h1b visa last year and received 221(g) white slip and submitted all the required documents. But still i haven't received any updates. when i checked online, case status is showing up as " Under Admin Process"

My question is that, can i apply for new H1B visa from other employer in this year quota.

In my case last year visa is still under process, but would like to apply for this year also just in case. I don't want to take chance and don't want to lose this year quota.

Let me know is it possible or not.

Thanks!

Answer 1

Yes, you can apply for another H-1 petition this year. BTW, you are eligible for cap-exempt H-1 petition based on your previous approval. So another employer can file a cap-exempt petition for you outside the April quota and you can appear for another stamping through their petition.

Comments

In worst case, If my undergoing admin process yields to rejection then still can i use my I797 for new employer to file my visa under CAP EXEMPT?
Please help me to understanad this.

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If the 221g process leads to rejection of visa, then they will send the petition back to USCIS for reconsideration. USCIS will either reinstate the petition and send it back to the consulate or revoke the petition.

For sure, you can use this petition for cap-exempt purpose if it is not revoked by USCIS. However, I think, it cannot be used for cap-exempt purpose if USCIS also revokes the petition.

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Hello Saurabh,

  As you know, my I797 got approved but my case is under admin process after my visa interview. Recently i found new employer who has filed I129 based on my previous approved I797. and status of this I129 showing as Initial Review. Can you please tell me
1) how much time will it take?
2) Will it be considered as cap-exempt or not?
3) what are the chances of rejection

Need your advise

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4) and what if on going admin process for which i have given visa interview from previous employer rejected, will it affect the newly filed I129 from new employer for the previously approved I797

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1. General processing time is 2-4 months
2. Yes, cap-exempt if they have filed it that way (they need to mention that in I-129 doc)
3. Varies from case to case
4. No, it won't