Hello Experts,
My H1B petition is approved for 1 year from Feb 2016 - Feb 2017.
While I went for stamping in India I received 221g and my employer has replied back to embassy and awaiting decision.
My question is if consulate rejects my visa then am I cap exempt to file a new petition with another employer and till when i.e until petition expires which is Feb 2017 or ?
Thanks in advance!
First you haveto udnerstand that H1B approval (I-797) is different from stamping. Your friend had an approved I-797 with which he appeared for stamping. He got 221G, employer withdrew the H1B approval (not rejected), and that lead the consulate rejecting the application. Yet, your friend already got a slot in the quota and it was approved, thought it was never used. so, I believe he is cap-exempt and his new employer can apply for h1b and once its approved, your friend has to take that document for stamping again.