I recently attended h1b visa stamping and got 221g for additional documentation.I have submitted the required documents.I'm awaiting response from USCIS and the case currently is under admin processing.Now,a reputed MNC employer B is ready to file new cap exempt petition.
1) Can a new employer B file new cap exempt petition and get the approval while the application is under 221g,
2)If yes,If the new employer B files a new cap exempt petition,If 221g gets cleared while the new employer B applies and waits for the approval or if the new petition gets approved and then 221g gets clearance,in either case,Can I use B's petition approval and visa stamp to travel
3) Can the new employer in anyway enquire about 221g while applying new petition
Such delicate matters always should be handled by your sponsoring company's immigration attorney as you cannot risk your immigrant visa by acting incorrectly.
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Your new Employer B should have an experienced US immigration attorney assisting them with the process. Your questions are best directed to that attorney. If you are not satisfied with any answers that you have received from this attorney, then you should ask additional questions and more fully discuss with her / him.
I agree with my colleagues. The person who would best be able to assist you with your questions it the immigration counsel for employer B.
Alexus P. Sham-The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.
1) Can a new employer file? Sure they can, there is no prohibition on filings.
2) Have you considered if the company will hire an attorney towards their filings?
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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