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H1b Filing After Existing Petition Sent Back To Uscis For Review

Discussion in 'NIV applications in India' started by visa74, Nov 8, 2016.

  1. visa74

    visa74 New Member

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    Dear Experts,
    I got a 221g from the US consulate in July this year. In September, received a letter from the consulate that my H1b petition was sent back to USCIS for review and possible revocation. It has been 2 months since and the status on the USCIS website shows the petition is under review.

    Meanwhile, I figured out from this forum and other places about the option of a new employer filing another H1 that would be cap exempt. I was seeking some clarity from the experts in this forum. Does the filing of another H1b by the new employer need to be a transfer or new petition completely? Could someone differentiate between the two or are they the same thing?
  2. donisback

    donisback Guru

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    there is no transfer petition. Every petition is a new petition
  3. PeterScot

    PeterScot Member

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    Some times it works. I knew a friend whose visa application was under prolonged review after 221g. He applied a new H1-B petition with the same employer and got visa in another consulate with out any trouble. But this happened more than 3 years ago.

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