I have an expired H1B petition from CompanyA which I got in 2007 and attended the Visa interview which was deneid under section 221(g) of the INA by requesting to submit H1B sponser financial documents.
I didn’t submit the requested docs , left my H1B case like that.I neither has other H1B/L1 visa nor travelled to USA
I think, My H1b sponser should have already revoked my H1B .I would like to know whether my old petition is still useful or not to proceed further with present CompanyB?
I didnt submitted 221(g) requested docs.So i havent heard back from consulate or employer.
Is it possible to trasfer my old petition through present company?
If so,Also, what I need to fill following questionnaire
Has visa been cancelled/denied/rejected?
Thanks
If the petition wasn’t revoked by USCIS, then you can use it for cap-exempt purpose. By revoke I am not referring to revocation on request of your employer, but b/c of 221g issued by the consulate. What’s the current online status for that petition?
Initial Review:
“On April 24, 2007, we received this I129 PETITION FOR A NONIMMIGRANT WORKER, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or contact our customer service center”.
My present company to take it further this case.I want to check possibilities beforehead.What i need to fill for the following
Has visa been cancelled/denied/rejected?
With regard to that question, the answer will be yes as 221g was issued which is visa refusal.
From the status it seems like no further action has been taken by USCIS (even the approval status is not being displayed). I think your current employer can try to proceed w/ cap-exempt filing. It may work out in your favor. Your attorney will be able to provide more inputs on this.