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6 Tips from 221(g) Query -Chennai – H1B visa Stamping Experience 2011 – Extension
As I previously shared about my frustrations of filling DS-160 form for H1B visa stamping and how to avoid them…I would like continue to share some of my insights from my H1B visa stamping experience, including the visa interview.
Background :
I was going for H1B visa renewal stamping (5th year on H1B visa). My H1B extension was filed for internal project…I have moved to our different development center in January of 2011 and had a new LCA for that location. It was a sunny day, my visa interview was scheduled in Morning.
H1B visa stamping Interview 2011 – Chennai, India :
I was directed by an old guy to stand in a line for visa interview…I stood in the line observing and listening to answers given my others in adjacent line… The Visa Officer (VO) lady, white lady in late 20s, in next line was asking a H1B visa stamping guy, why do they need you there ? Can you work from Home ? .NET is a very common one, they can find someone there ? , etc…. Anyways, my turn came and I went to the visa counter Here is how my visa interview went : my VO was an African-American Lady in early 30s or late 20s
Me : Hi ! How are you doing ?
VO : No response. ( was surprised by her response, Americans in general are very friendly and greet you back or they greet you first…)
Me : How as your day ? Smiling …
VO :No response…(she gave no reaction and looked at me like what the hell dude? I realized that she does not want to talk to me, may be she does not like me….may be she is going to create trouble )
VO : So, why did you change your school from XXX to XXX ?
Me : Well, because I got scholarship and also it is a better school. ( I thought to myself, why the heck is she asking about stuff from 2004, which has nothing to do with my H1B visa ?)
VO : Can I look at LCA ?
Me : Showed the same Old one and New one.
VO : Can I have a look at I-129 filed by your employer ?
Me : Grabbed it and showed it to her…
VO : Can I have a look at the Original letter to USCIS for H1B extension ?
Me : I was looking at the pile of papers and could not find it right away. I said I need some time, I will look for it…I said, I came to India on emergency and do not have everything organized…
VO : Sir, you can sit and look and come back when you find it.(showing signs of irritation)
Me : Thanks
I went to the seating area and looked for the letter and took it to her.
VO : Do you have I-140 approval ? ( I-140 is related to Green card process)
Me : No. ( I am with current company for around 4 years )
VO : So, Who do you work with ?
Me : I work with few of our clients like XX, XX, XX ( in fact, that’s my role, we work with our prospective clients on XXXX technology )
VO : W2s , Pay stubs ?
Me : Gave them, she looked at them..
VO : Do you have any letters from clients ?
Me : Well, I do have presentations we give to our clients… I told her I came to India on family emergency XXXX and did not get a chance to get much papers
VO : She did not even care to listen to my words, said Thanks in a very irritating tone…(indicating, stop talking and go ) and gave me a blue form 221(g) by scribbling some number on it checking few boxes asking for information :
- Copy of H1B petition submitted to USCIS
- H1B I-797 Approval letter
- DS -160 Confirmation Page
- Labor Condition Application
- Client letters on their letter head
- Contract letters with clients
- Employment agreement with Employer and Employee
- Detail description of Internal Project
Me : I said Thank you ! and left.
At my first instincts, I realized, she was not interested in giving me Visa….was trying to find a hole to give query…she found one i.e. client letter… Based on my visa interview and questions asked to others in next line, here are my insights and tips
6 Tips from H1B visa experience – 221(g) Query :
- Study what your original H1B was filed for and make sure you have supporting documentation for that submitted petition to USCIS . If you have changed location, then you need to make sure the new role is updated with new LCA.
- Make sure you read the letter that your company submitted to USCIS and what they have mentioned about you in that. You have to be prepared on what they portrayed you and have supporting evidence to prove that you have skills and expertise.
- If you have stayed with a company for some time( over 2 years), then it is a good idea to start Labor and Green Card process and take it to I-140 level at least. Also carry the same form to stamping. I think, the logic from VO side can be like : “ This person has been with company so long, but have not filed for Green card..is there a real job role for him in America or with the company ? are they just manipulating visas ? ” … In general, companies file for Green card, if they have not found someone with your skills for a permanent position after a year or so…
- Client letters are critical. You need to carry client letters. It has to be on Letter head from the client. If you work with prospective clients, make sure you carry some kind of letter from them stating that you are working with them.
- Be prepared for questions that might not be related to your H1B visa at all and might throw you off like “ Why did you study in so and so school, why did you work in so and so…” Do NOT panic and try to answer them to your best…..
- Be specific in your answers like “I work with this particular client”…rather than saying – “clients like so and so”…the second one is ambiguous and can create sense of doubt in VO. It is not just this, but any question you answer, be specific.
Any similar experiences related to H1B visa 221(g) ? Any tips to share ?
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{ 249 comments… read them below or add one }
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Hi,
I work for a MNC in India and went for H1B re-stamp on 3/1/2013. After asking few questions, VO said he is trying to access certain information which is not available and kept my passport without giving me any form or a case number to verify.
When i checked my visa status via the application confirmation number, it say my case is under Administrative processing.
When contacted my office, they tell they might be try to look at the scanned copy from their database & that the reason its under AP. Do you know how long this would take as i have to travel back next week.
Request your comments & let me know when could expect my passport.
Vinay,
There is no set processing time for this. It can take few weeks to several months. As they kept the passport, it’s a positive sign. Nothing much you can do except to wait.
I went for H1b Interview today and was issued 221(g) white form where the check boxes against client letter,project detail and tax documents of my employer were checked. Moreover my visa interviewer lady took my passport and said “your visa is on hold.You need to submit these docs.” Moreover my petiotion in USCIS has been transfered to “Acceptance” tab.
I have asked my employer for all three of them. I want to know how much time such cases take to resolve. I would like to know will I need to go for interview again?
What does case update in USCIS mean.
Kindly help me out on understanding this.
Thanks
Hi hopeful,
Where was your interview? Was it in chennai? Didn’t you carry those documents or you carried, but still she wanted you to drop it at some vfs centre?
I’m planning interview for next week, but do not have client letter as i’m going to work on inhouse project…..
Is your h1b sponsored by your current employer or somme consultancy?
Hi Kin,
I donn know but would suggest you to carry some documents which can prove the employer client relationship. Moreover if you have project documents where your name and roleismentioned ..do carry those as well.
I was asked for all possible documents even after having a valid client but I didnt had client letter so I wasissed 221(g).
Anyways all d best toyou..!!
Thanks for your reply, please keep me posted once you get your Visa issued and what were the steps done to get the same,,,All the best for you too…
Hopeful,
There is no set processing time and can take few weeks to several months to process once the documents have been submitted.
Hi Saurabh,
Yesterday 17/10/12 i had an interview for my H1B. Everything gone well but VO gave me 221(g) white slip and told to produce the Client letter. I am working for a Biggest MNC in india and also my client is also top most Bank in US. My client will not entertain to give any kind of letters.
Please help me in this regard, any other document which can suffice to the Client letter.
Thanks & Regards,
PKR
PKR,
You need to talk to your immigration team and client about this. If they cannot issue any letter then get at least some sort of written communication stating that they want to hire you as contractor but cannot issue a formal letter as a company practice. Also get client contact details so that consulate can get in touch w/ them for verification.
Hi,
I had an interview on 20th Sep, 2012 on New Delhi consulate. During the interview VO gave me 221(g) green slip, and asked for the documents. I had all the documents with me. She told me to take out all your docs from your folder, as this will take 2-3 mins, I was asked to sit. After 3-4 mins again went to the VO and gave all the documents including I-797, LCA approval, cover letter, I-129, petition documents and client letter (all original docs). She also kept my passport along with 221(g) green form with her, and told me that she’ll review my documents and I’ll be intimated through call or email. I was also give a confirmation note of Visa approval at the end of interview.
Now in VFS site, my status is coming as “Your Passport is under process at U.S Embassy/Consulate.”. I called the VFS, and they told me, that my passport is still with embassy.
Did any of you face such situation ever? How long it should take to complete the processing? And What am I suppose to do next?
Visa applied for : H1B.
Please suggest.
Thanks in advance.
Hello,
My case is similar to yours. I attended interview for H1B on 23rd of August 2012 and was told that my visa was approved and embassy took my passport. After a week, i received 221(g) over email. I have submitted all the requested documents on 10th of September. Since then, i have been waiting for an update. Every time i contact VFS they say my passport is under process.
Please contact me if you get any updates.
Thanks
Tej
Tej,
Did you get any response from embassy? Mine is still under process..
Hi Shashank,Tej
Any progres on your H1B Visa ..Mine is the same case .attended the interview on 6th of august and VO told that your application is approved and then Indian lady at other couter gave me a 221g form and asked me to wait for atleast 8 weeks.
Please let me know if any progres was made in your case .Any info to ake this forward will also help.Thnaks in Advance.
Hi Shamsher,
Nothing happened in this case till date.
Status is still coming as Under Process. Did you try to call embassy for updates?
I tried reaching the VFS office through email and Phone .They have same standard reply which is to wait indifinatlt for all the appliacant with 221g status it seems.
Are you aware of any alternative of this ?.
I meant can I apply visa in any other category (L1B or fast track H1B). Will it also lead the same way like my previous application .My travel date is 15 th Jan and i am lil panic.
Hi,
Just to update you .Finnaly I have got my Visa yesterday .All the best to you..
Hey Shamsher…
Good to hear that..
congratulations.
Pray for mine too…
Did they keep your passport when the time they gave 221g for you? Can you please let me know my case is similar and date of interview is on Dec 10 2012. Thanks in advance.
Yeah ,They kept..It took close to 3.5 months to get the stamped passport.
Hi,
I am planning to go for visa interview end of this month (sep 2012) for H1B stamping. I work for an American MNC and this is my first attempt for h1b (after my l1 was rejected earlier this year). My petition is to work for a client in their location under my company supervisor. I have a few questions below. please help me.
1) What is EC or EVC? is my EE relationship coming under one of these?
2) My onsite supervisor works from a near by city (visiting client location twice a week, where i am supposed to work), now what shoudl i write/say if VO asks me if i would be working undermy supervisor. (the DS160 also is asking the supervisor address. what should i give?)
JCT,
See my response to your other post.
I given interview for h1b stamping first time in my life. VO issued 221g form and asked to submit email communication proof with my onsite supervisor along with few other documents.
I have few doubt about why do I need to submit the email communication proof, when I have never worked onsite. As far as know I am working in India so my manager/supervisor should be in India to supervise me.
Right of control will change based on my onsite project and location. Could there be possibility of misunderstanding that I had been working onsite rather that offshore by VO?
What can I do about this, my processing has stopped because if this now.
Need suggestion and guidance about next step.
Vijay,
Your reasoning is valid. Check w/ attorney and frame a response stating that you currently offshore and do not have any contact w/ onsite manager. Also mention what the reporting structure would be once you move onsite.
Thanks Saurav,
I lied during my H1B interview about the daily communication with my onsite manager. We used different project code and thus supervising manager was different with whom I never interacted. Its very strange I given the similar answers as that of my colleague who got his H1B approved.
I talk with the attorney and he said it does not seems good to go forward with my H1B as It could result in legal action against company. Rather we should apply for other visa category, my L1 was already rejected earlier.
I am very upset with this, isn’t there is way to go forward with my H1B?
One option that I have in my mind to wait for few more months and reply with new information mentioning the last assignment was cancelled so we did not reverted back.
Please help.
Vijay,
If the lawyer feels the case is complicated, then I would defer to his judgment. The company (or a different one) can file another petition and you can appear for stamping through that petition.
Hi
I came to US on H1B in Jan’12. My H1B is valid till Dec’12. After 4 months I switched my job to a consultancy company (Say A) and I am on a permanent position. My employer is providing all the benefits like Health insurance, 401(k), 10 day leave, proper pay stubs etc. They have applied for tranfer of my H1B with extension. I am working in EVC model with Client being State HR Department and Vendor being one of the reputed companies in US. My employer is having 200+ employees. I am not reporting to any supervisor of my employer(A), as I am the only person at client location. I am planning to go back to India in the month of Dec to get married. Looking at the discussion and feedback, I feel that I will also get a 221 slip. I think I can arrange following documents :
1) Client letter
2) MSA between Vendor and Employer
3) Work Itenary from Vendor
4) Notarized list of H1B employees
5) Last year tax return of my employer
I have few queries :
What is the possibility of getting 221 g?
What all documents shall I need to get from employer or Vendor to prove employer-employee relation in addition to above documents?
Are above benefits and documents sufficient to prove it?
Shall I switch again and get a job from direct Client or Vendor?
Your help in this regard is highly appreciated.
Thanks
NKC,
221g can always be issued even if you carry all the documents. They can issue 221g so that they can go through the documents in detail and do background checks.
For EE relationship, you need to be reporting to a person from your employer A. They need to give you your daily/weekly tasks, manage your work items etc.
List of documents mentioned by you do not address EE relationship. In reality, you are not reporting to employer A, and so do not satisfy EE relationship.
Moving to the client or vendor would be better. Getting employment w/ the client would be best.
Thanks Saurabh for clarification
Just few more things Saurabh, since I switched to my current employer 1 month back only, Can there be any issues if I switch again? I heard that one person did the same and they sent the legal notice stating that they have incurred financial losses due to him, switching the job and they losing business with their client. I couldnot find this condition in any of the docs I have signed.
Morover I have I-797 of my old employer and not of the new employer as they have filed for transfer of H1B. Can it impact me getting new job?
I donot have any new pay stubs, Can I still use my old pay stubs?
Your advice in this regard will be highly appreciated.
NKC,
Yes, the employer can always send you the legal notice when you leave them asking for the business losses. They will have to show those losses in a court to get them from you. This may vary from company to company. From H-1 perspective, you can leave the new employer as well.
You can submit old employer’s 797 to show that you have already been counted in the cap, and last 3 months payslips to show that you have been maintaining status. These payslips can be covered by both employers.
Dear friends
I have applied for my h1b visa renewal in toronto canada and I have received a yellow page requesting further investigation while I had my I-797 approval.
After submission of requested documents finally I have received an email and my application went for administrative review and it is already 6 weeks that I am waiting.
I am planning to leave Canada for a while cause I found that this process may take more longer and my concern is to know in case of visa approval how much time normally will be given by consular to submit the passport for re — stamping.
knowing this matter will really help me to plan my travel.
thanks in advance for help and suggestions.
Ata Darvish,
I don’t think they provide a deadline for the passport submission. Although people like to submit the passport within few days, I think it should be ok to submit it even after few weeks.
Dear Saurabh
Thank you very much for your prompt reply it was very helpful and kind of relaxation.
I am an Australian citizen and had my interview on 19 march 2012 for extension of my h1b and last requested documents submitted to consulate on 3rd April 2012 and after that I .have received an email that my application sent for administrative review.Is this true that this process will take at least 2 months after last documents submitted or could be less or even more?shall I contact the consulate if it takes more than 2 months or it is better to wait till get some response.
I wish you the best
Ata Darvish,
There is no set processing time and it can take few weeks to several months (even more than 2). There are not much options to speed up the process. You can contact consulate but they will not provide any more meaningful response.
Dear Saurbh
Thank you once more for helping others,you did a good and helpful job for me.
Me and my family finally decided to go back to our home country and wait there for final result.
God bless you.
I am on H1B visa here since nove 2009.
My h1B expired on sept 18th 2012,my employer has already filed for an extension on 14th of Sept 2012.
We got an RFE on 31 jan 2012 and as per my employer they have already replied the RFE accordingly.
So the questions i have are :
1) The status for my case on the USCIS site still shows as RFE , but as per my employee they are saying they have replied the RFE, so how many days does it take to reflect the status on the USCIS website saying RFE replied or in first place does the status really change saying RFE replied.They have told me 2-3 weeks earlier that they have replied for RFE.
2) how can we confirm if they have really replied the RFE.
3) my 240 days are completing on 10th May 2012 since 14th Sept 2012(date we applied the extension),if we convert the case into premium processing will it come by 10th may 2012.
4) If it doesnt come by 10th May 2012,i will have to go bac and will the extension applied be still valid request if i travel back to India or do we have to apply for a new extension from India.Please confirm if i will be able to come bac until the visa is extended or renewed.
Appreciate your help.
Kaustubh,
1. It usually gets changed within few days. However, at times the online status is not most reliable. If the status hasn’t changed even after USCIS has received it (employer can confirm w/ tracking number), then they should call USCIS and follow-up.
2. You cannot. You will have to rely on employer
3. It might come by May 10. They will take 15 calendar days once they receive the upgrade request to PP
4. Yes, extension will still be processed and can get approved. You can then go for H-1 visa stamping and travel to US to work for the employer.
Hi Saurabh,
I am currently in U.S and my L1B is under extension. I have filed H1B (consular processing) through another employer. Suppose am getting an RFE for L1 and it got rejected after answering the RFE. Will this rejection affects my H1 stamping in India?
Or is it better not to answer L1 RFE and then appear for H1 stamping ?
Please let me know your comments.
Thanks
Thushu
Thushu,
Usually, L-1 rejection will not impact H-1 processing. It may impact if they determine that you submitted false documents etc.
Hi Guys,
I had my interview at the New Delhi embassy on the 19th of March for getting my H1-B stamped. I already had the I-797 approval and was hoping it would be a smooth process but they gave me a pink letter 221g. They have not asked for any documents and all VFS tells me is that its still in administrative processing at the Embassy. There has been no update till now. Do you think it will help if i went to the embassy and asked there? Will they even let me in and entertain my questions?
Thanks
No, don’t even bother! It’s all in their hands now. Just sit tight.
They hit me with this when I had to travel to India on a very sad situation 2 months back – I lost my father, and travelled to perform the last rites. It was an agonizing 10 day wait, but it resolved itself.
Nothing that you can do. Don’t try to go for an alternative like a Visitor Visa, ‘cos they will hit you with thw same thing.
Sam,
Pink slips usually get resolved within 2-3 weeks after submitting the documents (if asked).
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