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H1B visa stamping - 221g-

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asked Dec 15, 2015 in H1B: Visa Stamping by Neil (200 points)
Hi Dan,

I was in US on L1B visa with employer A and in 2014 another employer B filed an H1B petition with consuler processing and it got approved. In Sep 2015 employer B filed COS from L1B to H1B and got denied due to not justifying the Employer vendor client ( Employee - employer relationship).  I appeared for visa in home country in Nov 2015 however VO handed over 221g form. My Questions are -

1. Could we expedite the 221g response as spouse is suffering in US.

2. Could I appear for H4 visa ( Spouse is on H1B in US) while H1B is under administrative processing.

3. Could I transfer my H1B with any other employer.

4. Any other possible option please.

1 Answer

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answered Dec 15, 2015 by dan (25,124 points)

I am assuming that you have applied for an H1B visa..Here are the answers to your Questions.

1. Could we expedite the 221g response as spouse is suffering in US.

The 221G process can not be expedited, you can write a letter to consulate explaining the hardships you are facing while living away from family.

2. Could I appear for H4 visa ( Spouse is on H1B in US) while H1B is under administrative processing.

Yes. But you have to withdraw the H1B Visa application

3. Could I transfer my H1B with any other employer.

Yes, you can transfer your H1B Visa

4. Any other possible option please.

The best option is to travel on H4, find another project and COS to H1B. If you have a project, it is unlikely that the COS will be denied.

Do you have a valid B1 Visa?

Read this Article for more information: 

How to use Cap Exempt H1B with FAQs

If you are looking for a Project or an H1B Visa Transfer, with Immediate GC Process, please call us at (800) 693-8939 or h1btransfer@hireitpeople.com

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