H1B transfer while the current one is on 221G (Green slip)


I work for company A (in India) and another company B(U.S based) has sponsored my H1 during June 2011 and its approved on Feb 2012. I attentded the visa inteview last week and got 221G green slip asking for notarized list of H1 employees and unemployment wage report. So, my questions regarding the current situation are,

  1. Can I approach my current employer (Company A) to file a new petition for me?

  2. If my current employer (Company A) is fine with filing a new petition, will it be considered under cap or cap-exempt?

  3. Will I face any trouble for stamping, if my current employer (Company A) files a new petiotion?

I appreciate you suggestions regarding this and meanwhile I would get in touch with the Company B to get the required documents to submit to USCIS.

Thanks in advance,


If your current employer can file only in April 2013 ( New petition ). Better go with Company B asking to furnish the USCIS requested documents. That could be better option.



Thanks Vekambaram for your reply. However, I have come across different posts which say that if the H1 Petition is approved, then the next petition will be cap-exempt and thus in my scenario, do I need to wait till April 2013, if my current employer is wiling to file one?