221(g) Pending - Petition Expired- New Visa Application with new cap exempt approved petition

Hi Anil,

How are you?. Hope you are doing well. First of all i would like to appreciate you for your prompt responses in this platform. My application is on hold due to 221(g) since August 5th 2019.

I have lost my job because of my absence for longer period of time and petition expired on December 31st 2019 while it is on hold.

Fortunately, i have got another opportunity, employer filed another petition and it got approved in consular processing.

So i have requested customer care to withdraw previous visa application(221(g)) to make appointment for new visa application with new approved petition.

Should i wait until i get withdrawal confirmation email from consulate or shall i proceed in filling DS-160, making payment for new application?

Please suggest.

You can create a new application without waiting for withdrawal of current application.

Thanks for reply. When i am trying to take appointment for new application, there is one question “Have you ever been refused H-1B visa before?”. What should i answer for this?. As my previous visa application is in processing and will be withdrawn by me, is it considered as refusal?.

Can we really update newly approved petition on existing 221(g) application without creating new application. I have read it somewhere and i am not sure about it. Can you please share your thoughts. Thanks a lot in advance for your valuable suggestions.

Yes, you should mention that earlier application was ‘refused’ and provide the reason as form 221g.

Form 221g is considered a ‘refusal’ in legal terms.

Thank you so much for your suggestions.

Hi Anil,

I hope you remember my case. I have raised request to withdraw my 221(g) application around 10 days back, but i have not received any reply after that request. When i am calling customer care , they keep saying that my request is still with consulate. But i have already took appointment on February 1st week for new visa application with new approved petition. If withdrawal of my 221(g) will not be completed by February 1st week, do i need to worry about it?.

Thank you so much in advance for your time:

The visa officer will himself ask about your pending form 221g if it is not withdrawn by that time.

I suggest to carry the proof that you did apply for withdrawal so that you can share it with visa officer.

Thanks for your input

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