H1B Stamping 221g Hyderabad H4 Stamping 2012

H1B Visa Interview at Hyderabad – 221(g) – H4 Stamping Success, Feb 2012

by Guest Author · 55 comments

One of our readers, Nikhil Posted his experience on blog. It is an interesting experience as he went for stamping again and got H4 visa. Thanks to Nikhil !  You can share your experience here

Background of Stay in America F1, H1B

F1 from Aug2006 to Dec2009 (including OPT)
First H1 from Dec 2009 issued until Dec 2012
Second H1 (transfer) from June 2011 issued until July 2012.

Employed in EC model. Employer is a large (NYSE listed company). Client is a big healthcare software company. Prior worked fulltime and got first H1b approved there. Then transferred onto second H1b last year.

H1B Visa Stamping Experience in Hyderabad – 221g
Went for Visa interview. Based on client letter and my responses for his questions, VO felt not sufficient information was provided at the time of petition. He said he would like USCIS to review the petition again. I signed a affidavit he prepared with the summary of my interview. My assumption when I walked away that day from consulate is that my case is being sent back to USCIS for reaffirmation. VO did not provide me 221g letter of case number at the time of interview. He returned my passport.
Two weeks later for a response to my email query, VFS notified that my case is pending under 221g and the post is attempting to verify the information I’ve provided at the time of interview.

H4 Visa Stamping Experience at  Hyderabad 2012
Waited for 5 weeks and made appointment for H4 visa interview. Wife got her H1 stamped (FTE with IT giant) during Feb 1st week in Chennai. Carried the same set of documents she had for her interview. Included additional (latest) pay stubs. During visa interview, VO asked what do I do? I said I was working in US and because of 221g I am momentarily jobless. He checked the case status of my pending H1 stamping case and asked what if my H1 comes through. I said I would come back for H1 stamping at that time. I asked if he can do me a favor by writing down the case number as I wasn’t given at the time of my H1 interview. He wrote down the case number for me (which when I lookup on consulate site results in invalid case number!!).
However, he approved H4 without any issue.
Now Im back in US since 3 weeks and working with my employer to find a suitable position and file a new petition. Previous client is not too happy with me extending my 5 week vacation into a 10 week one.

Do you have any experience to share, you can share it here

{ 55 comments… read them below or add one }

kar November 13, 2013 at 3:21 am

I attended h1b visa stamping interview at Hyderabad consulate on sep 26. They gave me 221 g admin processing white form?. My question is how much time it will take to process admin processing cases generally? what is mean by white form?.

Reply

Navneet October 23, 2013 at 8:57 am

Hi Saurabh,

I have got my H1B petition approved and is now need to go for stamping with my wife.In DS 160 form I have specifed that she is working for last 5 years.

So do I need to carry any documents from her employer in this regard.
Please help.

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User October 23, 2013 at 9:38 am

Why would they care about a H4 applicant’s employment history? All they want to see is proof that the H4 applicant is truly your dependent.

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Raj July 27, 2013 at 1:52 pm

Hi Saurabh,

My I797 got approved I am based out of hyderabad, can I gor for visa stamping to other city like chennai or mumbai. There will be any problem?

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Saurabh July 29, 2013 at 4:35 pm

Raj,
Yes, you can go to a different consulate.

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BMR May 19, 2013 at 7:11 am

Hi Saurabh,

I had DUI in 2010. I was guilty and finished the court punishment and my visa status was H1b. Went to india in dec 2012 for H1B visa stamping. VO saw the DS 160 and gave me 221 g as i had a prior DUI and mentioned Panel Physician Report. Got all the required test done in Jan 2013 and submitted the documents to consulate. Since then my case is been under administrative process and doesn’t show any signs of improvement.

Planning to apply for H4 visa as the H1b visa is under the pending process.

1. Questions: Will they issue another 221 g for Panel Physician Report?
As i have submitted the docs will they have all that information on the system.

Doc had mentioned during the test that this test are good for one year.

2. Question: should i go to the Quest Diagnostic Center and request them for sealed copy of “Panel Physician Report copy” that was taken in Jan 2013 as i might require it for my H4 visa stamping ?

3. Question: Do i need to go through those test again as i am applying for different type of visa.

Thanks in advance.

Reply

BMR May 19, 2013 at 7:12 am

If anyone is in the same situation please do share your experience that will be greatly helpful.

Reply

Saurabh May 19, 2013 at 6:01 pm

BMR,
I will suggest talking to an attorney about this as I am not sure what’s the right thing to do here.

Reply

Finally Approved November 9, 2012 at 8:27 pm

Finally got the approval:
Got an RFE … docs sent on 24th Oct .. approved 8th Nov
WAC center, normal processing, non-masters
all the best guys.

Reply

Karthik September 26, 2012 at 11:35 pm

Hi everyone,
I am planning a trip to India for H1B visa stamping.I am supposed to go to Hyderabad but lately the precedence has not been encouraging there what with rejections galore.So some of my friends suggested Delhi might be a better bet.Can anyone advice please as to which embassy or city would be preferred if at all it is permissible to attend out of state locations.

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Uday Kanike August 27, 2012 at 12:19 am

Hi,
I have had rejections for F1 and B1 visas in the past, quite a few times. Now I got H1B approved this year in June 2012. What are the chances of my past rejection’s effect my present visa approval. Also, do i need to mention all my previous rejections with dates ?
Please help me. I am too much worried.

Thanks
Uday

Reply

Saurabh September 4, 2012 at 5:51 pm

Uday,
Usually it doesn’t impact but it also depends upon the reason for past rejections.

Reply

Uday Kanike September 5, 2012 at 1:01 am

Hi Saurabh,
My reasons for my past rejections were that I was not able to convince VO to return back to my home country. I had totally 5 rejections.
2 times for F1 –Aug 2006- for a private college in US for MS – attended from India
2 times for F1 -June / July 2007- for PhD course in Witchita University – attended from UK
and 1 time for B1 -Feb 2008- to visit my sister in USA. —- Attended from UK
Once a VO has said that based on my previous rejection, he is rejecting this time also. I felt it as if VO is arrogant because he cannot be questioned for his rejections and he need not explain the reason to anyone. I some times feel that VO rejects few people just because he dint like the face or attaire. I dont know, but I still feel that there should be a way to appeal against VO’s decision. Is there any such way to question VO’s decision?
I am bit worried about being unlucky for not being able to convince VO.

Though I am working in a very good company and in very good job and though I got H1B approval papers, I am still concerned about facing VO for the fear of rejection.
Can you suggest me a way to convince VO? Please.

Thanks
Uday

Reply

Saurabh September 6, 2012 at 12:51 am

Uday,
I don’t think those rejections will impact the outcome of H-1 visa stamping. Those rejections were related to the fact that officer found you to be potential immigrant, which is not an issue for H-1 stamping.

Also, one cannot appeal against the VO’s decision. You can just re-appear for another stamping.

Reply

uday kumar November 9, 2012 at 6:43 am

Hi Saurabh,
Fortunately, I did got H1B visa stamped. I went with my wife and even she got her H4B visa. I am happy that I finally got my H1B visa though I had so many rejections in the past. All I could say is that they do look into one’s past history but what all it matters to them is whether the person is eligible for H1B or not and they look for genuinity of the client.

Thanks anyway for your help.

Regards,
Uday

Reply

Madhav August 24, 2012 at 2:15 pm

Hi,
Here is my immigration life in US:
F1 – 2004 – 2006
H1 – 2007- current

Working for a mid-size manufacturing company as an Engineering Manager. Work is related to education (both Mechanical and Heat Transfer related). I’ve been a Full time employee through out my H1 status. Current I-797 expires in Sep 2013. Got I-140 approval a couple of mo back.

Wife was on H1 till May this year and converted to H4.

We are planning to travel to Travel to india later this year and have to get stamped.
I’ve searched a lot on the web and have not found much info about Mechnical engineers in MFG environment being give 221g. Can anyone suggest what the potential of me being issued an 221g are?
I would be headed to the Consulate in Hyd.

Reply

Saurabh September 4, 2012 at 5:38 pm

Madhav,
As you have enough experience, it may not be an issue. Carry details on what the specific job duties are and how you qualify for that position. If you did any relevant courses/training in the past, highlight them as well.

Reply

raj_s June 13, 2012 at 6:59 am

Hi Saurabh,

My h1b petition (2013 quota) was approved last week and shockingly my first name is mis-spelt (one extra A). My attorney has sent a request for correction, however with USCIS having so much to do they may not respond soon. My question is this going to cause a problem if I go for visa stamping? Please advise me

Thanks in advance for your help,
~Raj

Reply

Saurabh June 13, 2012 at 11:04 am

Raj,
You can wait for the corrected H-1 to arrive. You cannot go for stamping until July, so it would be better to wait and go w/ the corrected 797. I am not sure if they would stamp the visa using the name mentioned in 797 or what you have entered in the DS-160 form.

Reply

raj_s June 13, 2012 at 11:58 am

Thanks Saurabh,
my attorney says they would look at my passport for the correct spelling of my name and it should be ok even with the curren 797. Have you seen any other cases like this? Any idea how long USCIS would take to issue a corrected notice?

~Raj

Reply

Saurabh June 13, 2012 at 12:45 pm

Raj,
It might take few weeks or months to get the H-1 correction done. If your attorney is confident that they will pick the name from passport or DS-160 form, then you can proceed w/o the corrected petition.

Reply

Rohit May 29, 2012 at 9:35 am

Hi,

I attended H1B visa interview on 17th may and VO issued 221g saying your wage level is 1, which is less for 5 yrs. of exp. I submitted explanation document along with my original passport.

Can anyone confirm how much time it may take to complete the stamping process?
My case number is also not appearing on hyderabad usconsulate site.

Regards,
Rohit Gupta

Reply

Saurabh May 29, 2012 at 4:55 pm

Rohit,
There is no set processing time. It can anywhere from few weeks to several months.

Reply

Sonu May 25, 2012 at 6:16 am

Dear Surabha,

I appeared for interview on3rd January 2012 and received 221(g) request for more information, which i provided all complete on 13th January 2012.

I received a letter from Consulate, in which it was written “Applicant is not qualified for job being offered and he does not meet the qualifications for specialty occupation”.

Next day, I made a call to them to ask about the passport and other original documents submitted to them. They said that they were in need of it until response from USCIS arrives.

Additionally, I don’t need to contact them again and should correspond with my petitioner.

On 12 March 2012, USCIS updated status about my case ” a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you ”

I have not received any response from USCIS and Embassy! I called my petitioner couple of time but he also have not yet heard anything yet..

I have not been returned any of my orginal stuff and passport by the embassy..

Can you add some valuable advice here??

Thanks

Reply

Saurabh May 26, 2012 at 12:51 am

Sonu,
USCIS can take few months to make the decision of either reaffirming the petition or revoking it. If you need the passport then you file a written request w/ consulate to return the passport and withdraw 221g case. If you want to wait, then you should wait for USCIS to complete their process.

Alternately, you can have another petition filed by same or different employer and then go for H-1 visa stamping.

Reply

Sonu May 26, 2012 at 2:43 am

By when I should expect reply? any idea?

Thanks.

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Saurabh May 26, 2012 at 3:47 am

Sonu,
There is no set processing time, and can take few months. My guess would be 2-6 months.

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ashi May 21, 2012 at 6:03 am

Hi,
I have H1 and family has H4. My wife will be getting an L1-A soon(should go thru without issue, H4 should not be a problem or will H4 get cancelled). Am i entitled for L2?

Reply

Saurabh May 22, 2012 at 12:30 am

Ashi,
Yes you are. You can either file COS from H-1 to L-2 along w/ your wife’s application. A safer route would be to let her move to L-1A and then you file COS from H-1 to L-2. You will have to continue working on H-1 until your COS to L-2 gets approved.

Reply

Gauri May 9, 2012 at 3:43 am

Hi Saurabh,

I have a question and need your help here.
I came to US in 2008 on –> F1
Did my MS —> 2008-2010
Got a Job in —> Oct 2010
Got H1 approval —> July 2011
Came to India for Stamping and got first 221(g) —> 13th Feb 2012
Company provided all the documents, yet got another 221(g) –> 19th March 2012.
I had come to India to get married. My husband went back to US as he works there. So now I have decided to come on H4.
Now the reason I am not pursuing my H1 is that the consulate has some issues with my company and they have flagged my company. As a result, since last couple of months, none of the H1′s for my company are getting stamped from the consulate.

So my question is that will all this affect my H4? And how should I go about in applying for my H4 as my H1 is still pending (221g)

Reply

Saurabh May 9, 2012 at 6:35 pm

Gauri,
I have seen instances where H-4 stamping ran into issues b/c of pending H-1 221g and other instances where it was approved and nothing was asked about H-1. Looks like it comes down to luck.

You can go for H-4 visa stamping and hope that you fall into 2nd category. If they issue 221g, then you can withdraw H-1 case from the consulate and then go for H-4 visa stamping. Once in US, another employer can file cap-exempt petition for you on the basis of already approved H-1 petition.

Does that help?

Reply

Gauri May 9, 2012 at 11:33 pm

Thanks Saurabh!

That helps. But I have decided to withdraw the H1 petition and only then go for H4 so as to avoid any hassle.

I have heard that one needs to officially resign from the company and email the consulate to withdraw the petition. And you don’t have to wait for the consulate to reply back. Is that correct?

Regards,
Gauri

Reply

Saurabh May 10, 2012 at 12:29 pm

Gauri,
You can email consulate to withdraw the 221g case and then carry the print out of that email. I don’t know if one is required to resign from the employer.

Reply

Gauri May 14, 2012 at 6:13 am

Thanks Saurabh for your quick response!

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Gauri May 29, 2012 at 1:55 pm

Hi Saurabh,

I had one more question regarding the DS-160 filling. When I had gone for my H-1B interview, I still had an existing and valid F1 visa (expiring in 2014). During the interview the VO had marked that visa as “Cancelled Without Prejudice” stamp. Should this be considered as a cancellation? I also had got a 221(g) for my H1B.

Now I am filling a new DS-160 application for H4 visa. There’s this one question in DS-160 which asks: “Has your US-Visa ever been cancelled or revoked?”

What should be the answer?

Thanks,
Gauri

Reply

Saurabh May 29, 2012 at 11:55 pm

Gauri,
The answer should be Yes as 221g was issued which is considered as visa refusal.

Gauri June 1, 2012 at 3:01 am

Hi Saurabh,

Thanks for your response.

So I had called the vfs helpline to know more about how to withdraw the pending H1b application. They asked me to email the scanned copy of a notarized letter of withdrawal of H1b to the vfs. Also they said that I will not be able to apply for my H4 unless I get the withdrawal confirmation from the embassy.

Is that true? Do I have to wait for the withdrawal confirmation and can I not apply for my H4 until then? Usually how long does it take to get the confirmation from the embassy?

Please help!

Saurabh June 1, 2012 at 12:00 pm

Gauri,
I have seen people w/ both kind of experiences. I have seen people getting H-4 visa stamped even w/o withdrawing pending H-1 221g, and people who were issued 221g during H-4 stamping asking them to withdraw H-1 221g.

If you are not hopeful about your 221g prospects, then you can withdraw H-1 221g and then go for H-4 stamping. If you are still hopeful about H-1 221g, then you can appear for H-4 stamping w/o withdrawing 221g. If the officer issues H-4 visa stamp then its all well and good. If they issue another 221g asking you to withdraw H-1 221g, then you can first withdraw H-1 221g and then proceed w/ H-4 221g.

Does that make sense?

sridhar May 5, 2012 at 1:20 pm

Hi,

I applied for H1 in year 2008 and my I979 got approved, but I never went for visa interview and this got cancelled. I heard from my friend that I will not come under Cap because previously I got my I979 approved. Is it true? Can I use my previous I979 and get my H1 processed through other Sponsor this year? Please clarify

Reply

Saurabh May 7, 2012 at 2:51 am

Sridhar,
Yes, that is correct.

Reply

Prudhvi May 2, 2012 at 7:01 am

Saurabh,

My company recently offered me and my wife H1. Yes, H1 for both of us. I have 2 questions.
1. My Passport is about to expire on August, 2012. Will this be a concern while filing for H1
2. I agreed to my company terms that I will have to with them till May, 2013 and later will be free to go. What does this mean? Does it mean, I will be free to work for any company I wish for after May, 2013?
3. If Yes is an answer to my 2nd questions, what are the documents I should asking them if I wish to be on my own after May, 2013 to make sure I do not run into any issues later.

Thanks much in advance

Reply

Saurabh May 2, 2012 at 3:51 pm

Prudhvi,
1. Not for the petition, but for visa stamping. You can go for H-1 petition processing, but should get the passport renewed before going for visa stamping.
2. Seems like that. Technically, employment in US is at will and one can leave the employer even after few weeks of work.
3. To find another employer on H-1, you need the payslips, W2 (if applicable) and copy of approved H-1 petition from the old employer.

Reply

lucky April 25, 2012 at 4:05 am

hi sir
i completed mtech in 2012..i have all my original certificates n marks lists but i dont have original document of btech which i thought is not required..is that mandatory?
watr the documents required for H1b filing

Reply

Param April 23, 2012 at 4:27 am

Hi saurabh,
I moved from company A to company B in Us, and my visa with company A was till sep2012 and after transfer of H1B my new I94 has till Dec 2014, my family travelled from India on H4 and at immigration their I94 is only given till Visa expiry date, i.e Sep 2012. How do we need to handle this?

Thanks
Param

Reply

Saurabh April 23, 2012 at 9:35 pm

Param,
Did they show old petition or the new petition when entering US? If old petition, then the officer correctly issued I-94 till Sep 2012 (original petition expiration date). Else they did a mistake. There would be a petition # mentioned on the I-94 – does it match old one or the new one?

To correct it, you will have to send the I-94, passport and 797 to local USCIS office or visit them personally (not sure if this is allowed) and get it corrected. There would be no fees if the error was on part of the officer.

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Sini April 20, 2012 at 7:47 am

Dear Saurabh,
My husband is on H1B approved status with 221(g). His H1B petition was in regular processing. Now he wants to re-appeal with asked additional documents via premium processing. So Is it possible to have premium processing for 221(g) cases ( for those who already have H1B approved status). Please reply as soon as possible.
Regards
Sini

Reply

Saurabh April 20, 2012 at 10:12 am

Sini,
PP benefits end once the petition has been approved or denied. They are extended to visa stamping process. There is no expedited process available for 221g processing, and the consulate will take their own sweet time. So he can submit the documents and then patiently wait for them to complete the process.

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Aditi Kumar April 18, 2012 at 7:05 am

Hi Saurabh

My husband and I attended H 1 & H4 interview together on April 12th and visa was approved

Its April 18th today,vfs site is still not updated and status says ‘under processing at embassy.

The day after interview was a long weekend, so its been 2 working days only but having read so many forums on delay in getting passports I am tensed now.

Is it also true that before pastign the visa on the passport it is sent for somePIMS verification?

Also by when can I expect it to reach vfs?

Reply

narasimha April 17, 2012 at 10:34 pm

Hi Saurabh,

Currently i am on H1 for company A , i got offer from company B & i initiated for the H1B txfer through B ( filed in premium processing may get approved in 2-3 days) , now i decided not to go with B .
My questions are :
1) do i need to to H1B txfer again from Company A.
2) is there any disadvantages if you dont join Company B , i mean can he ask for the cost of H1 B transfer or anything else .
3) if i decided to stay with Company A , do i need to take new I797 or any other documents from company B.

Please advise me.

Thanks
Narasimha

Reply

narasimha April 18, 2012 at 10:18 am

Hi Saurabh,

Currently i am on H1 for company A , i got offer from company B & i initiated for the H1B txfer through B ( filed in premium processing may get approved in 2-3 days) , now i decided not to go with B .
My questions are :
1) do i need to to H1B txfer again from Company A.
2) is there any disadvantages if you dont join Company B , i mean can he ask for the cost of H1 B transfer or anything else .
3) if i decided to stay with Company A , do i need to take new I797 or any other documents from company B.

Please advise me.

Thanks
Narasimha

Reply

Saurabh April 18, 2012 at 3:53 pm

Narasimha
1. You can continue working on H-1 for A. No additional transfer is required as long as A’s petition is still valid.
2. They can ask you to pay for H-1 fees. Legally, employer is liable for majority of the fees, but they can still ask PP and attorney fees from you.
3. Not really required. It’s good to have them for your reference, but not required for your H-1 employment w/ A.

Reply

SM April 17, 2012 at 4:59 am

Hi Saurabh,
After filing petition with USCIS, how long does it take to get the receipt number? Is it based on this number, that we can track the application further?

Reply

Saurabh April 17, 2012 at 10:37 am

SM,
Employer/attorney should receive the petition number within 1-2 weeks. At times, it can take up to 30 days b/c of rush and postal delays.

Reply

Sri April 12, 2012 at 8:04 pm

Nikhil,

Congrats. Your case gives us hope. My wife is in the same situation and we r planning on applying for H4. One questions when filling DS-160- what should we fill in primary occupation field….

Thanks,
Sri

Reply

Nikhil April 20, 2012 at 2:07 am

If you were working earlier, write in whatever occupation you belonged to. I am a programmer and I mentioned Computer/IT Professional as occupation.

Reply

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