Immigration Issues/H1B Intent to Revoke

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Question
"Hello Ajay,

During my H1B Visa stamping, the Consulate Officer issued me a 221g and was going to send my documents to USCIS for issuing an intent to revoke my visa. Currently, my petitioner is waiting hear from USCIS to be able to contest it.

The project I was working on is close to completion and my petitioner hasn't heard from USCIS yet (after 3 months of waiting).

1) Will my project completion affect the current processing or my petitioner's efforts when they hear from USCIS?
2) Can I go through the process of finding a new petitioner to sponsor me a new H1B while my previous 221g is pending or would I need to cancel that petition before filing a fresh new H1B?

Thanks in advance."

Answer
Hi,

It does not appear as if the Consulate will issue you an H1B visa stamp through the current H1B sponsor, esp. when the project has expired.

Another company can file an H1B petition for you: www.h1b1.com/concurrent.htm

Do not withdraw you pending visa stamp application with the Consulate unless the new employer's H1B petition has been approved by the USCIS and you are ready to file a new visa stamp application at the Consulate.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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