Do we need to tell prior H1B 221 g details to new employer

USA H1B Visa
1

Hello All Experts,

I really need your advise for my H1B case.

Employer A filled H1B for me ( in April 2014) when I was in India. I came to US in June 2014 on H4 visa. My H1B petition was approved in July 2014. Employer asked me to go back India for stamping . He was not ready for Change of status ( might be because of Budget issues).
My visa was refused and later on petition sent back to USCIS for further review. Petition may or may not get Re-affirmed. Employer did not get any comminication for NOIR .

After getting visa refusal letter , I came back to US in December 2014 on H4 visa

Question :

  1. AM I cap extempt? Is my petition still valid and can be considered for cap exemption.

  2. If Yes, Do we need to tell 221g and current petition status ( which is under USCIS review) to new employer ready to get H1B petition transfer with COS from H4 to H1B

  3. Can I just say , I hold Approved H1B petition ( Valid up to Sep 2017) and looking for COS. I have Approved petition copy with me.

Please help me with your answer. This will surely help me to take decesion and find new employer

Thanks,

Kirti

2

The new employer only needs your approved petition. 221g is directly relevant to first employer and is no longer a factor.

Best wishes

Dr. Sandeep Shankar, Colorado Heights University, www.chu.edu, sshankarATchu.edu

3

Thanks for your answer :slight_smile:

4

Hi… have you changed the employer? is that successfull?
Please reply i am also in same situation like you.