Current H1b is under review of 221 and new H1b transfer got denied


I have got h1b in 2015 and i have been to interview for stamping, in stamping they have given me 221g asking additional project documents, we have submitted them, later after 8 months consulate have sent the petition to uscis for review. since long time almost 1 year the petition was under review.

so by luck i have got another job offer and we have initiated h1b transfer ( i.e new H1 under CAP exemption ) but unfortunately we have got rfe on this asking client end docs, employer have submitted the same, but by bad luck it got ( i-129 ) got denied.

I have a dought as my primary H1 petition is still under review, so can i try new job and try new H1 under CAP exemption ? will my second h1b denial will effect on my new one ?

can anyone please suggest on my case ? how to proceed further. as my second employer havent revealed the reason of denial. Hope it may be due to client end docs.


If the previous petition hasn’t been revoked by USCIS based upon consulate’s feedback, another employer can still apply for a cap-exempt petition for you (like the other employer did).

Thanks for the reply, will the second denial decision will impact on the new one ?
my second employer is escaping by saying that case might be denied as my primary petition is still under review. i am confused by his answer.,

I see my first primary petition is still under review in uscis portal. hope i can initiate another transfer.

The 2nd cap-exempt petition shouldn’t be impacted by the 1st cap-exempt petition’s denial. It would be nice to know the actual denial reasons but looks like the employer is being little cryptic.

I would suggest finding another employer, discuss the case w/ their attorney and then let them decide how to proceed on this.

Thanks a lot for the reply.


thanks for the reply, i have verified the reason. they have asked client related docs, hope my employer have submitted few of them like client letter and tax docs. but they have given the reason of decline that missing client agreements.

Now the employer is saying that he has spoken with attorney, he said we will appeal uscis with the ask docs again, this time we can get approval.

is appealing would help ? is that suggestible or better to go with new opportunity. as we dont know much on the timelines.

i was thinking new opportunity is safe but might take time as it involves client interviews and procedures.,

please suggest on the same

You can do both of them in parallel. Your employer can file the appeal or MTR, and meanwhile start searching for another cap-exempt employer.