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

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



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,,

Thanks for your answer :slight_smile:

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