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Filing H1 With New Employer When Previous Petition Is In 221g

Discussion in 'NIV applications in India' started by Sugar Beater, Jan 15, 2015.

  1. Sugar Beater

    Sugar Beater New Member

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    I could not find a case similar to mine elsewhere. Hence posting it here for your opinion.

    My History:-
    1) I held an H1B from employer A stamped in March 2010, expired in September 2012. During this period, I traveled to US on H1B and worked there only for 6 months (after which I returned).
    2) In July 2014, I filed H1B from employer B (cap-exempt) as I am within the 6 year limit. Went for stamping in India, but got a 221g slip (administrative processing). This is still in the same status.
    3) Now, planning to file new H1B petition from employer C (again cap-exempt).

    My questions:-

    1) Is it allowed to file a new H1B petition when one is already in administrative processing (221g)? Do I have to request the consulate to withdraw my previous application?
    2) When filing, should I share the details of the filing and the 221g with employer B to employer C?
    3) The I-129 form has a question:- "Provide the most recent petition/application receipt number for the beneficiary." Would they need the application number from employer B (that went to 221g) or that
    from employer A?
    4) In DS-160, what should be my answer to the following questions:-
    a) Has your U.S. Visa ever been cancelled or revoked?
    b) Have you ever been refused a U.S. Visa, or been refused admission to the United States, or withdrawn your application for admission at the port of entry?

    Thanks in advance.

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