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Immigration Issues/H1 Transfer after getting 221g

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Question
Hi
I have a complicated case, I went for fresh h1 stamping for company A  on July 2007 and I was given 221g and chennai consulate has sent the case to USCIS for further review, its been 4 months now. They took all the submitted documents including original I797 form.

I thought USCIS review will take long time, so thought of doing fresh H1 again for 2009 H1 quota. I spoke to a employer B, he said that I need do a fresh h1. He said he can do a transfer on my last year petition, even though I didnt get visa under 221g.

Do you think it is possible to get h1 transfer to company B using my last year petition. Please share your opinion, it would be helpful.

Answer
Dinesh,
There is no definite rule on this, but I think that it is possible. But you better make sure that your new employer will be able to provide all the documents in the event if a 221g is issued again.

Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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