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    spuneet82's Avatar
    spuneet82 Posts: 3, Reputation: 1
    New Member

    Oct 13, 2009, 09:15 PM
    Transfer while being stuck with 221g
    A little background : I completed my Masters ( Computer Science)from a Tire 1 University in Dec 2007 and Started working with my present employer in Aug 2008,I came back to India in Feb 2009 for vacations .During my stay in US I was always paid on time and have all the paystubs.

    I went for my visa stamping in Feb and was handled over 221 g green slip, they needed some more documents which I submitted within 2 weeks and was told the processing will be completed within few weeks .I did not get any answer till now.

    When I called the US Embassy last week I was told “We need some more time to process your application and we do not know how long it’s going to take”

    My present employer has been cooperative enough not to revoke my h1b till now.

    My questions are:

    1. Can I transfer my h1 to some other employer based on my approved petition of last year while being stuck in 221 g.

    2. If yes to 1, the pay stubs I have are from time I was in US will they be sufficient for transfer.

    3. If I have 2 file a new application for h1b with a new employer do I need to wait till next year for starting to work or it can be done anytime because I was counted in cap last year.

    Will appreciate if you can answer above questions and any other advice you can give.

    DCcityboy's Avatar
    DCcityboy Posts: 648, Reputation: 27
    Senior Member

    Oct 14, 2009, 08:44 AM

    1. yes, the section 221(g) is for visa issuance. Not the H-1B visa classification approval.

    2. pay stubs are necessary, but the CONOFF can always ask of other evidence you maintained status.

    3. your new petitioning employer must file and H-1B, but no concern over the count as you got in for last years.
    spuneet82's Avatar
    spuneet82 Posts: 3, Reputation: 1
    New Member

    Oct 14, 2009, 09:40 AM

    Thanks a lot.

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