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Case sent back to uscis for review 221g

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asked Jun 21, 2017 in H1B: Visa Stamping by anonymous

Hello,

I applied for H1B in April 2016 and got through the lottery. My petition got approved for 1 year. I went from visa stamping but unfortunately got 221g. The recent update on my case is it has been sent back to uscis for further review.

My question is in this situation, am I eligible for H1 transfer by another employer ?

Please answer urgently.

1 Answer

0 votes
answered Jun 24, 2017 by dan (24,504 points)
In most cases when a case is sent back to USCIS will result in administrative revocation. Yoy should transfer your h1b immediately to a new employer. Once it is revoked by USCIS, you will not be h1b cap exempt and you will have to go through lottery again.
commented Jun 24, 2017 by shravandivity (240 points)
Are you sure buddy. I checked with my employer attorney and he said I am eligible for H1 transfer under cap exempt and what they need for transfer is only approved petition which I have with me.
commented Jun 29, 2017 by shravandivity (240 points)
Hello Dan,

Thanks for the information. Wanted to know what if while my H1 transfer is in progress or approved and original petition gets denied.

How will this impact my transferred petition.

Please reply

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