Valid I789 - Not Travelled to US - Now Can apply visa with new employer

USA H1B Visa
1

Hi

I have valid I797 and my visa application is denied due to some insufficent document.

Now can apply visa with new employer or not.

Please advise me.

2

Do you know if the consulate sent the petition back to USCIS for review and possible revocation after denying your visa? What’s the current online status for your petition?

3

My case status like “We are reviewing it”.

4

If the USCIS status for your petition is saying we are reviewing it, that it means consulate has sent it back to USCIS for review. USCIS will either reaffirm the petition or revoke it. In case of latter, it cannot be used for cap-exempt filing. In case of former, it can be used for restamping through same employer or for cap-exempt filing.