Not everyone are lucky to get H1B visa stamping at first attempt…Some of you might have got 221(g) query from the Visa Consular officer  ( blue, white, yellow) asking to submit documents.  The most frustrating thing about 221(g) blue form is that there is no way to track your application…You just have to wait….it can be frustrating to wait…This page is meant to help others get an idea about processing times and how long does it take to process a 221(g) issued H1B case…If you were ever given 221(g), please share your details to help others get an idea.  You may check out below articles as well.

You can check out our 221(g) tracker that has anonymous data with users like you, who added the details for community benefit.

Check out 221(g) Case Tracker

Check out our 221(g) Tracker with anonymous data from everyone.

Waiting for the 221(g) response from US Consulate can be very painful…To help everyone be informed on average processing time and other similar cases,  we have built an easy way to track for users their 221(g) status and let the community have an idea on the timeline as well. It is fully anonymous. Please add your case to the 221(g) Tracker.

Add your 221(g) Case

Please add your 221(g) Case for everyone's benefit. It is fully anonymous and will help many waiting for it like you.

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Comments ( 2,956 )

  1. Lucky_221g

    Hello Friends,

    I came India on family emergency and had appointment jan 5th 2012 with chennai consulate, Interview was simple asking employer, client questions and answered properly . after couple minutes he said you need to wait for call to another window where my coleague will interview couple more questions. got call after 10 min, went there and there was VFS person sitting and he asked same questions and after that VFS person said VO will come and decide…within few minutes same VO came who interviewed at 1st window and he got print paper which is having all questions & answers on that paper and he said read and sign on that which is confirmation as i answered all are true…i read them all and i signed and gave back to VO…then gave me 221g Blue Slip with checked only “Administrative processing” and also finally VO returned my Passport back to me and said that will contact you….thatz it…

    after 2 weeks i contacted to VFS and US State Dept, but got same response that PENDING

    >> My spouse in US on H1 and H1 will expire June 2012 and applying for extension
    >> I went 1st US on H4 and changed status to F1 then got H1
    >> since 9 months i am working with ABC client and i didnt tell thisVisa issue situation to my client and also i have a Vendor between my petitioner & Client and since 1 month am working Remote from India as Family Emergency my client has soft corner and they are not forcing me to come and my manager sent email saying if possible come back jan month end if not let us know we can plan work accordingly …..

    I dont know how long i can manage my client with lies and what happens if i say visa issue ??

    If anything not clear above details please let me know….

    Appreciate All your Advices/suggestions

    Thanks
    Lucky

    1. administrator
      Saurabh

      Your 221g may take sometime to resolve as they would be doing background check to ensure what you have replied back is true or not.

      If your processing takes time, then you can go for H-4 visa interview (if current stamp has expired) and return to US on H-4 visa stamp. Once in US, you can file COS from H-4 to H-1 to go back and work on H-1. However, this would mean that you cannot work for the time while your COS is pending, which can be around 2 months. When is your 797 expiring? Do you have it w/ you or is it w/ the consulate?

      1. Lucky_221g

        Hi Saurabh,

        my H1 recently (Dec 2011) got extended 2011 to 2014 and i have i797 with me and while under admin processing can i apply for H4 visa ?

        also spouse h1 valid till june 2012 and applying for extension, so can i apply H4 before extension or after extension?

        how about my client? can i inform my visa issue or not ? advise

        Thanks for writing back
        Lucky

        1. administrator
          Saurabh

          You can go for H-4 visa stamping while your H-1 stamping is under 221g process. If approved you will be issued visa until your husband’s H-1 expiration date. You can then enter US, and apply COS to H-1 or file H-4 extension along w/ your husband’s H-1 extension. Is he working fulltime or in consulting? If latter, then there is a chance that H-4 stamping would also run into 221g administrative processing.

          As for the client, it’s up to you as you have worked w/ them and you may have an idea as to how they would react. Talk to your employer about it.

  2. Chetan

    Candidate background:

    I went to the US in Aug 2001 as a Graduate Student under F1 Student VISA.
    On completion of my Graduation in 2004, I’ve converted to an H1 B Work VISA as a Consultant, and has been working in the US since.
    Over the last 10 yrs, I have visited India 4 times (including this visit) and attended an H1B VISA interview & got my stamping done in Canada (2006).
    Between 2004 and now, I have been approved 3 times for I-797 / H1B VISA extensions by USCIS, US.
    My Green Card application is now current, and my Labor and I-140 have been approved, based on which she was issued an I-797 / H1B extension in March, 2011 as well.
    My Employer & Lawyers have advised that they will not be able to file my I485, since I’m not in the US.

    Case background:

    I’ve attended my H1B VISA interview on Nov 14, 2011.
    The Consulate Officer advised that the petition was being returned to USCIS, US for ‘Administrative Processing’ under Sec 221 (g), and issued the enclosed ‘Sec 221(g) Yellow notice’.
    On Nov 29, 2011, I received an E mail from the US Consulate, Hyderabad stating that the case was being refused under Sec 221 (g) and action on the case was being suspended at Hyderabad.
    Also, the I-129 Petition filed by my Employer for a Non Immigrant Worker was being returned to USCIS, US.
    The ‘Refusal ltr’ did not specify the documents that were needed as evidence. Further, they have noted that the applicant’s Employer in US would be contacted, and they will have an opportunity to respond to USCIS with the needed evidence.

    We presumed that the missing link was the ‘Request for Evidence’ (RFE) document that was presented to USCIS, Vermont Service Center during the latest I-797 / H1B extension, and tried contacting the US Consulate – Hyderabad and also the Vermont Service Center – US via E mail, to submit the same. We sent the ‘Request for Evidence’ document to above offices, but have received no concrete updates.
    We have also visited the Hyderabad VFS Office to understand the situation, and requested them to expedite the same.
    On Dec 22nd, we received an E mail from USCIS stating that they received our case from the State Department with a request to review it. They said they will notify us when the review is completed, or if they needed something from us.

    Please share your thoughts on this. Also, will I be able to file my I485 , while in India, and go back to the US on an Advance Parole ?

    Thanks very much…

  3. anand

    Hi All,

    my Attorney contacted USCIS they said my case has been approved and sent back to Indian embassy . DOS confirmed the same

    not sure what to make out of it . it has been a week since they said this .

    1. administrator
      Saurabh

      Can you add more information about your case, as it’s not possible to comment w/o additional background information.

      1. anand

        OK 221g in Nov 2010 and submitted documents on 5th Dec2010 . called USCIS on 12th and they said the above, all documents have been reviewed and been processed and approved .

        not sure what documents and all…

        -Anand Kotti

        1. administrator
          Saurabh

          Sounds like consulate had sent your petition back to USCIS after issuing 221g. USCIS has re-affirmed the petition, and should have sent a letter to the employer/attorney.

          You can go for visa stamping again after carrying that letter and 797 petition. You don’t need to go through interview scheduling process again, and call VFS folks. They will let you know the process on how to visit again for this round of stamping.

          1. anand

            Hi Saurabh,

            is this case with everyone who get’s 221g ? that we have to go for stamping again . the point i am not clear here is the documents were sent for review why would it be the case that a new 797 have been issued.

            Me/my attorney / my company did not receive any letter yet,

            i am a direct hire

          2. administrator
            Saurabh

            I don’t think they would issue a new 797. It will be same 797 along w/ a letter stating that it has been reaffirmed.

            It doesn’t happen to everyone. Sometime USCIS doesn’t re-affirm the petition, and at times consulate approves the visa stamp after issuing 221g.

  4. Reddy1

    I attended my H1B Visa interview Hyderabad on 14th dec 2011. been issued 221g white. No updates as of today. I am a manufacturing engineer and work directly for my employer. I don’t know what kind of background check takes weeks and months.

  5. Kaly

    Hi Saurabh,

    I have attended the interview on Jan 10 2012 in Chennai. VO told that my visa is approved but requires some additional processing. They have asked my resume and taken my passport. THis is my first H1B and earlier i was on L1 working for a different organisation. I need to report in the first week of Feb and now after reading the above stuff, i m afraid if i can make it.

    Anil

    1. administrator
      Saurabh

      Each case is different, and so although having 221g is worrisome, you should not treat it as rejection yet. However, it may or may not get resolved by your travel date. Work w/ your employer to make contingency plans.

  6. LC

    Saurabh,
    I have my visa interview on Dec 2nd 2011 and was given at green slip at the Chennai consulate. All documents requested were employer related. The VO did not select the Administrative Processing section on the green slip. I submitted all documents along with my passport on December 23rd and haven’t heard from the consulate since then. Emailing VFS results in the standard response that my case is under ” Mandatory Admin Processing”. Is it possible that my case has been sent back to USCIS? The reason I am worried is that my green slip did not say Admin Processing but VFS email responses do. When I emailed VFS again today I received a response that they are forwarding my question about the status to the US consulate. Do you know why the type of response may have changed?

    Any help will be greatly appreciated.

    Thanks

    LC

    1. administrator
      Saurabh

      VFS folks have very little insight into what’s going on w/ the case. That is why they usually give the standard response that it’s under process. At times, they forward the question to DOS to get more detailed response, but DOS often responds back w/ same standard response.

      So even though the response was different, I doubt if the eventual answer would be anything different.

  7. sudhakar

    Hi,
    I have attended h1b visa interview on 29th Dec, 2011 in Hyderabad consulate and I received 221g white slip with tickt mark on administrative processing nothing lese ticked. After two weeks I got a call from Consulate to drop my educational mark sheets and engineering degree convocation. I have submitted last week but they have not asked me to drop Passport, waiting for mail/call from Consulate.

    Could you please advice anyone have similar case.

      1. Ronak

        Hi Anand,

        Can you please give me your contact email id /phone number. I am also stuck since 2010 November for my pending H1B case

        Regards,
        Ronak Shah

    1. Pankaj

      Sudhakar,

      It’s too early to even expect a response from the consulate.

      Any AP takes from 1-3 months minimum and maximum is no limits. If you are few of the lucky ones with uncommon names and who gets their name based email ID then you can expect some response early.

      Have patience and enjoy waiting.

      Thanks,

      Pankaj

  8. RK

    Dear Saurabh,

    I came to US on May 2008 on company “A” H1b (Company “A”visa validity till Sep 2010) then joined Company “B” on April 2010 (company “B”petition valid till May 2013). I applied for H1B transfer to Company “A” (my previous employer) on May 2011 and got theapproved valid petition till May 2014 but did not joined Company “A” till now.

    I came to India on June 2011 for my marriage and attendedH1B visa interview on my current employer Company “B” papers and my case was put under additionaladministrative process (221g) , I got my H1B stamped on company B’s name on 27December 2011 but Company “B” terminatedmy employment on 20 December 2011 andwithdrawn my H1B Petition.

    Now Company “A” wants me to come to US on their paper (company“A” petition is valid till May 2014).

    My question is:

    1> Since my current H1B is on Company B’s name, so is it legal to travel to US on Company A’s petition papers?

    2> If its legal then should I show the Company A’s papers at port of entry?

    Please suggest.

    Thanks

    1. administrator
      Saurabh

      1. Usually one can travel to US even if visa stamp has one company name, while the petition has another’s.
      2. Yes, as long as you plan to work for them after entering US. Carry recent letter of invitation from A, along w/ other A’s employment related documents to show at the PoE. You may be quizzed a little bit at PoE about this arrangement.

  9. Rithesh

    Hi Saurab
    I’m currently working with small employer, came here for vacation. Appeared visa stamping at chennai along with my family on Nov 30th 2011 got Form 221(g) to submit employer documents. Did submit all docs along with PASSPORTS on Dec 6th 2011 still waiting to hear from US embassy. I currently working under EVC model, now my vendor showing interest in hiring. I also have I140 approved priority date June 2010 EB2. Now I need an advise on the below: 1. Is it possible to tranfer my H1 to my vendor while waiting on form 221g. 2. How does GC process works after the transfer? can I use the same priority date?

    Thanks for your valuable input in advance.

    Thanks
    Rithesh

    1. administrator
      Saurabh

      1. Yes
      2. Your GC must have been filed by current employer. If you have copy of approved I-140 then the new employer can file GC for you, and then have the PD ported based on I-140 approval. The new employer will have to do the entire GC process i.e. file PERM, I-140 etc, but they can port the PD.

  10. Viji

    Friends, I work on E-V-C model now, I have 4+years experience in US. Previously, I was holding L1B visa and now, I am in H1B, I have not yet stamped my H1B visa, I am planning to travel to India and I want my H1B visa get stamped.

    1. Would E-V-C model be too risky on visa stamping?
    2. How is visa stamping going on for Full Time employees on big firm?.
    3. Should I consider changing my employment to Full time on big firm before going to visa stamping? Would it be really worth?

    1. Deepak

      Some was with BoA full time, he came for stamping and never came back, his property and whole house hold is stuck there. There are various incidents I have seen where EVC, EVVC are given the stamping last year and people with direct employer or EC model were given 221g and finally rejection came.

      Its all how you present your self (very important). You interview is what the VO judge about you. Though many people have a thought that most of the cases are pre-decided but still try to evaluate your case (you know the history of your clients and employer, your present working model etc).

      For what place your LCA was file and where are you working, for how long you were on bench, or did not get your salary, whom you are reporting (important), who is controlling your day to day job, etc.

      Since it is dual intention visa, VO are very particular about the person so be prepared friend. My personal suggestion is if there is no emergency, try to hold for some more time. Though it is not clear how long such situation will remain but as per the statistics, this year out of 30,000 application 29,800 were denied and 10,000 were revoked. But whatever, it is your call.

      Good luck buddy

        1. Deepak

          check the below link
          http://www.myvisajobs.com/H1B-Visa/Search2011Raw.aspx

          Usually I see the bright side, that says 90% glass is full of water. But 10% gives a scary count. (and with 30% denied… pooh ). 307,936 were certified, 29,173 were denied, 10,152 were withdrawn.

    2. administrator
      Saurabh

      1. Yes
      2. It is less riskier, but not 100% risk free.
      3. IMO, if one has to go for visa stamping, it’s better to go as a full-time employee, or at least work in an EC model.

      1. Raj

        I am a victim of 221g case, came for 2 weeks vacation for my brother marraige, issued 221g, submitted documents, again issued 221g after one month and my case send back to USCIS for review and still waiting…. all this because i am working in EVC mode.

        My condo with all things and 2 expensive cars all struck here….. to add salt to my wound my EB2 PD become current in Jan visa bulletin … when everyone becomes joyous when their PD becomes current i am kicking myself

        If you are in EVC model please be well prepared on everything

        1. Deepak

          Bud, I waited for 2-3 months, than asked friends to move my belongings to storage. So far I am still paying storage rent, cellular bills, vonage bills, car insurance for last 10 months. Better send a power of attorney to your friends so that they can sell your car on your behalf. I checked the price with local dealrs, car max. Checked with KBB, posted ad on craigslist, FB, and sent email to my friends circle. No one is giving the price I expected. Everyone wants to take advantage of the situation. 🙂 My son was under treatment and now I am having a hard time for finding doctors and getting him treated. Work, family, everything is impacted. I am going to try again, just waiting to have 1 year gap.

    3. Pankaj

      Viji,

      good that you did some research before coming here and are already aware of this 221g situation here.

      Joining a stable company in a fulltime position is safer then EC. Don’t even think of taking a gamble on EVC. Also ensure that the company you are thinking to join on a fulltime basis needs to provide you documents in case required.

      Two personal suggestions here:

      1. Don’t file premium processing for H1B renewal or transfer.
      2. Go for stamping as early as possible upon arrival.

      Take care and good luck.

      Pankaj

      1. Viji

        Thanks so much Friends!!

        I have only 1.5 years left in my H1B, my consulting company (EVC model) has already started my GC processing, PERM has been filed on Nov 2011. My current client is offering me Full Time position now and they’re promising me that they would start GC processing soon. So now, I’m just thinking through whether to take FT or continuing with consulting company and go for Visa stamping in EVC model.

        This is what I feel, 1) Visa stamping will under risk when I go with EVC model
        2) GC will under risk when I take FT into client’s company if I am getting laid off before my whole GC processing is completed.

        Any advise? At which GC processing stage, I could port my GC to another company if in case, I got laid off as a full time employee of the company. My understanding was, it is not safe to port GC processing from one company to another.

        In this situation, Is it worth to go for Full time for visa stamping?

        1. Pankaj

          it’s advisable to go for FTE.

          GC process can still go on as that’s for future employment and if you have good terms with your consulting company and you have trust in them that should be a problem.

          You can confirm this with your attorney over the phone as well.

          I remember discussing this with my attorney way back in 2009.

          Hope this helps.

          Thanks,

          Pankaj

          1. Pankaj

            correction:

            GC process can still go on as that’s for future employment and if you have good terms with your consulting company and you have trust in them that should not be a problem.

  11. anand

    Hi ,

    quick advice:

    my pri0rity date is current and i am on 221g currently.

    the issue is my priority date that i have is from my previous employer and current employer did not file yet for my GC but he is willing to do it..

    how should i approach the above case ?

    1. Pankaj

      Anand,

      Get in touch with your previous employer to check if they are still willing ..

      If so, you can either file I824 to move from AOS to CP or wait for your return and then file I485.

      hope this helps.

      Thanks,

      Pankaj

  12. Babu

    Hi Saurab
    I’ve my earlier post reg. Form221 G. Finished by interview on Nov 30th 2011 and got Form221g blue form for additonal employer related docs. Dropped them on Dec 6th Along with PASSPORTS, still waiting to hear on anything on stamping. Our Company Attorney is on follow with DOS for status update, but haven’t heard anything sofar. Do you think Attorney approaching DOS will help to get some status update on the case. Pls advise.
    Thanks
    Pandi

    1. administrator
      Saurabh

      I don’t think they would expedite the process too much if the attorney contacts them. Unfortunately, 221g processing takes it’s own sweet times especially when it’s related to consulting companies.

  13. DS

    Hi Saurabh/Friends
    Need one big advise. I applied for H1-B re-stamping in May 2011, it was rejected on June 2011. I was on EVC model. Case is sent back to USCIS, no reply yet. (No hope also)
    Now question is, for next time should I go for H1B or L1A. If I wait for another few months, I guess I will get H1B for another 6 years. (3 + 3). Also for either L1 or H1 I do not need to say ‘Yes’ for the question about visa rejection in last 1 year.
    But in present situation what is preferable?

    Thanks in advance for your time and suggestions.

    – DS

    1. administrator
      Saurabh

      You can go for L-1A only if you qualify for L-1A, else you should go for H-1B. Even when going for H-1, you should try to find direct employment or at least in EC model. Getting approval in EVC model is pretty tough. If you have stayed outside US for more than 1 year and go through quota system again, then you will be eligible for 6 new years of H-1.

      Yes, the answer should be Yes to that question. In the DS form there is a question if your visa has ever been refused and you should reply yes to that as well.

  14. SA

    Hi Saurabh

    Thanks for your help so far.

    221g blue slip – requesting 4 docs(petition copy, job vacancy letter, detail project desc and list of employees) and no passport submitted

    I was going through other comments on the site…

    1 – Is blue slip mostly given to ppl who work for consultants ?… i am direct hire with a small company.

    2 – also i was not asked to submit passport at the time of interview… based on some of your comments, it seems it is not a good sign..

    I would like to know what would be my chances of approval and turnaround time.

    Also, regarding my previous query to which you said that i should ask my employer to submit all the docs for me ( since they are not ready to share the list of employees) , i sent email query to vfs helpdesk and they replied saying that i should follow 221g blue slip instructions and there is no other way of submitting the docs.

    I am trying to convince my employer , but have not got any response yet.
    I thought submitting the docs would be straight forward but this is getting complicated and i am starting to worry

    Thanks again for your help
    SA

    1. administrator
      Saurabh

      1. It’s usually given to small to medium size companies, most of which are consulting
      2. I will not say it’s a bad sign. It’s still neutral (although asking to submit the passport is positive sign). In case of blue slips, they do not ask to submit passport initially and only ask for it after they have completed their processing.

      There is no set time period for 221g. I recently read another post on the blog where VFS refused to accept sealed envelope.You can ask VFS what to do in this case as some of the information is of sensitive nature. If you have an attorney, you can get his/her opinion as well.

      1. Ybk

        Hi Saurabh,

        I am also facing 221g, i had been for the Visa interview, mine is a restamping case. Just before leaving for India, i recieved my updated lca, my employer had submiited under premium processing. The interview was on 3 Sep at Mumbai consulate. The VO asked some basic questions like salary,work location,etc, he also asked my wife about our marriage, no of years married etc. After sometime he gave us the rights document & told to wait, after talking to his collegue for sometime, he gave us 221g white slip asking for petetion, client letter, contract,etc. which my employers attorney submitted on 8 Sep. I had booked my tickets back on the 22 Sep. today its the 25th I am still see the status as “Administrative Processing”. The irony is that my I140 is also approved couple of weeks back. Please let me know what I need fo do now? Are the wait times longer for Mumbai?

        1. administrator
          Kumar

          Ybk, Unfortunately, there is nothing you can do, but just wait until you hear back from them. You may reach out to consulate or VFS after sometime to check the status. I can totally imagine your situation, just hang in there buddy….

  15. Priyabrata

    EVC model
    Interview in Kolkata Dec 5,2011
    Documents submitted at VFS: Dec 14,2011
    List of documents: V-E contract, V-C contract, complete itenerary of all the places to visit and clients to work with****** Also submitted I-140 ************
    No reply till January 10,2011

    I have been in states for 5 years and have an approved I-140

  16. dpreddy

    Hello Saurabh,
    I have attended my visa interview at Chennai on DEC-6th 2011 and the Visa Officer kept my passport and the petition documents along with client letter and other documents… and gave me 221g blue slip. I was not requested for any other additional documents for submission and I was told that they will inform me about the decision. Its been almost a month and I didn’t happen to hear anything from consulate yet.

    1) What are the chances of approval. And how many more days should I wait to hear from them ?
    2) My wife is in US and working on H1B. Can I request to return my passport and apply for H4. Is that a good idea. Whom to contact to dispatch my passport ?
    3) Whom to contact regarding status of my case. Please provide me the US Consulate email address and contact number ?

    Please advice, waiting to hear from you.

    1. Deepak

      They do not keep you passport for long. They will return it eventually in couple of days. (With or w/o stamp). Some of my friend was stuck in similar situation and finally he chose to go on his wife’s H1 bases (he applied for H4). There he again applied for new H1b and got it finally.

      You can send an email to VFS people they will take care of your passport request. I would say better wait for some more time to know the outcome.

      1. dpreddy

        Thanks Deepak for your reply.

        I didn’t happen to hear anything from consulate as of today, Its almost a month since the date of my interview. I did sent an email to VFS to find out the status of my case. All they said is, US consulate is holding my passport and it is still under reviewing.

    2. administrator
      Saurabh

      1. I can’t say what the chances are. Also, there is no set time period for 221g processing. It can either take few weeks or several months.
      2. Yes, you can withdraw the stamping request and then go for H-4 visa stamping. I don’t know the exact process, you can get that by calling VFS
      3. You can get the information from Chennai consulate website. However, they will not provide any meaningful information over the phone. They will have the same response “under process blah blah blah …”

  17. anand

    Hi ,

    quick advice:

    my pri0rity date is current and i am on 221g currently.

    the issue is my priority date that i have is from my previous employer and current employer did not file yet for my GC but he is willing to do it..

    how should i approach the above case ?

        1. abcd

          HI,

          I am also in the same boat PD is current my h4 got expired applied for a new h1 in Nov 2011 and I485 is in pending status biometrics expired and they are sending notice for it,offcourse i postponed

          Saurabh,
          Is thier any kind of emergency i can show up to approve h1b fast to the above mentioned situation as i am going to loose my immigrant chances once i can’t show before the date of biometrics

          Thanks

          1. administrator
            Saurabh

            I don’t think they will expedite the process if you put in the request. If it has been pending for more than 30 days, then ask your attorney to contact DOS and ask for expedited process. I am not sure if that would help, but worth a try.

  18. smrithi

    hello saurabh… me and my husband attended the visa interview on jan 6 at chennai… the officer kept our passports and the petition documents… and gave us 221g blue slip… and did not request for any documents… and said they would let us know the decision… my husband has been to the us on B1 visa 3 times.. he has worked for reputed companies before if u consider his track record.. he is a masters in electronics… what i want to know is
    1) what are the chances of approval
    2) when will they possibly return our passports

    1. administrator
      Saurabh

      1. Is he planning to work for a consulting company? Usually these slip is given to people working in EC or EVC model. What model will your husband be working in?
      2. 221g is a blackbox and it can take it’s own sweet time. So it may get processed within few weeks or take several months. They have kept the passport and so that’s a good sign.

      Good luck!

      1. smrithi

        hi…. the consulate had sent our passports.. it should be delivered anytime… its weighs 0.5 kg… does it signify anything?

      2. smrithi

        hi saurabh…
        collected our passports… with another 221g blue slip.. and ticked the one which said more administrative processing… and did not request for any documents… what does it mean?

        1. Deepak

          Most of the time it is name check and other background checks. Nothing is sure what process they are going through. I do not see your case is much brighter but except me, most of my friends and colleagues got the stamp sooner or later. (mostly within 3 months). But in either case you should get the reply within 3 months and if the case goes to DOS/USCIS there is no ETA.
          Good luck though.

          1. Raj

            HI Smrithi,

            I am in same situation like you,

            Visa interview : Nov/15/2011
            Location : Chennai
            VO kept the Passports and issued 221g green form with more documents related to EVC model and an updated letter to USCIS and LCA mentioning Prime vendor details.
            All Documents submitted on Dec/7/2011 except Letter to USCIS
            Receive the Passports on Jan/4/2012 with another green 221g for Administrative process and case being sent to USCIS for further review.
            I talked to my Senator’s office last evening and today i have a phone appointment with Immigration representative today and i am planning to explain my situation and i believe he will ask me to email and send some documents to him which will be just forwarded to DOS/USCIS, this cannot influence USCIS decision but for sure expedite the outcome.
            Also i will be reaching my district congressman today for this.

            Talk to your attorney and see if he suggests this option.. if you prefer i can share the documents i am going to prepare and send to Senator’s office.

        2. administrator
          Saurabh

          Like Deepak said, they might be doing additional background checks. There seems to be an uptick in number of cases that are going through background checks these days.

    2. smrithi

      hello saurabh….
      we are intimated that our passports have been dispatched… and will be receiving it tomorrow… we hope visa stamping is done… and also during the interview he returned us back form i 797… does that hold any significance? what are the chances?

      1. administrator
        Saurabh

        I think it would have visas stamped as they didn’t ask for any documents. So that’s an indication that they didn’t want to verify any documents as part of the additional processing, but just some administrative work at their end.

        1. Deepak

          Hope you will get the stamp. Do let us know the outcome.

          The only catch here I see is the profile of your husband, his the duration of each visit in US and the pattern for each visit. If they find he was working for some client for 2-3 months each time, and they feel he is misusing B1/B2, there might be an issue.

          They took my passport, did not ask for any document, and returned it unstamped after keeping it for one month. But its all case to case so keep the faith and hope you guys fly back soon.

          Good luck

  19. Raj

    Hi Saurabh,

    I need really some expert advice and thanks in advance for your time to read this, please let know how to handle my situation…

    My current situation,

    My EB2 PD become current in Feb/2011’s Visa bulletin. My 6 year H1 extension petition is valid till Oct/2013, i came to India last month and was issued 221g green form at chennai consulate for Administrative processing and case sent back to USCIS for further review because of my working model – Employee-Vendor-Client (EVC) and now i am struck in India. I believe this administrative processing will take 4 to 6 months and i have less than 50% chance of getting the visa. Right now i am working for the client from here but not sure how long i will be able to do that.

    Questions on I-485 and AOS,
    1. Can i request my attorney who is in US to file my AOS along with or without EAD and AP while i am in India on Feb/01/2012? is it possible and advisable? Can I only file AOS with no EAD and AP while I am in India?
    2. I guess i need to only be in US for finger printing which should be done before or after i get my EAD/AP right or Does the fingerprinting needs to be done before applying EAD ?
    3. I am thinking of filing my AOS and let it be processed and wait to see how my 221g goes and then decide to do a H1 transfer with another employee or new H1 with same employer the get visa , come back to US. Is is the a good option ?
    4. What are the options I have in this situation to file AOS? What you would best suggest me to do?

    Questions on Consular Processing – CP
    5. How advisable is doing the consular processing for my situation ? if i initiate CP right now how long the whole process takes place ? What if during middle of CP, i get my US visa and come back to US, can i transfer back from CP to AOS ? Is it going to delay the process ? http://www.path2usa.com/consular-processing
    6. How long does needed to get I-824 approved ? I did researched consular processing, but guess now it is too late for me now and it’s going to take more time to convert from AOS to CP and not the best option right now since switching back from CP to AOS is again a nightmare.
    7.What is AC-140 (Attorney Certified) ? does Ac-140 help to expedite CP process ? http://www.immihelp.com/immigrant-visa/attorney-certified-i-140-ac140.html
    8. My consulate jurisdiction is chennai consulate, India ? How do I find that Chennai consulate accepts CP ? this link again confuse me , are they talking about CP visa numbers in this link ?http://chennai.usconsulate.gov/immigrantstous.html . per the link is true what if Chennai consulate does not accept my CP ?
    9.What are the options I have in this situation ? What would you suggest me to do?

    Questions H1b 221g situation,
    10. at this point right today what is my status, H1b or no status ?
    11.Can I transfer my H1 to another employer or file a new H1 with the same employer ? which is best option ?
    12.Since i have apartment lease, cars and valuables at home can i try to get a tourist visa B2 to come to US and clear my things out ?
    13. If by chance visa officer at consulate issues me B2 visa will it have any implications on my existing H1B petition or 221 (g ) admin processing?
    14. I believe since EB2 is employment based I would not be able to file AOS while I am in B2 in US ? Please confirm.

    Anything else I need to consider before deciding on my H1, AOS or CP

    Regards,

    1. administrator
      Saurabh

      Sorry, but I don’t know answers to your GC related questions, but I will try to answer the ones related to 221g.

      10. You don’t have any status as it is applicable only when one is present in US.
      11. Another employer can file cap-exempt petition for you. If you file through same employer in EVC model, then it can end up w/ similar fate. It would be better to find a more direct employment.
      12. You can try, but I am not sure if it will work out and your B-2 will be approved.
      13. Nothing, it will continue to be processed.
      14. Yes, **I think ** you may not be able to file AOS if you enter on B-2

      Did you consult an attorney about your case?

      1. Raj

        Hi Saurabh,

        Thanks for your response.

        My current employer is ready to file another new H1 for me with another direct client and also another employer is also willing to file a new H1 for me with EC model. Which is the best bet for me to get visa ? I prefer to be with same employer but also i don’t want to end up gettting another 221 (g)

        Once i file another H1, i need with withdraw the pending 221g issued petition and then go to consualte right ? what if my existing H1 petition is still being reviewed and i go to Visa interview with another petition with current employer or new employer? Will consulate issue me visa ?

        Regarding B2 visa i am thinking of applying only for my wife and if she gets B2 visa she can go to US and settle our assests there.

        Yes i am looking for good attorney to answer all my queries and point me in the right direction. Any suggestions ?

        1. Deepak

          Raj, I have friends who opted one or another option you mentioned and they got the visa. Chance are dim if you are going for same model. People prefer to go for new employer. For same employer, some just mentioned that he will be on internal project.
          For you wife, I am not sure what are the chances, getting B1/B2 is again tough, specially in your case. My wife had valid visa till 2013, but after my visa was rejected, her visa is also got RWP (Rejected Without Prejudice). My stuff is stuck in storage for 8 months. You can send a power of attorney to settle down the stuff to your friends or relatives. There are people who are looking for people to share the containers to bring some stuff back to India.
          Good luck and I wish and pray you better get visa instead.

          1. Raj

            I talked to my current employer and they are thinking of filing a new H1 for me with a direct client and then withdraw the existing 221g issued petition… you think this is a good option ?

          2. Jay

            Hi Deepak,

            If you dont mind, can you tell in more detail about what your friends tried to get their visa approved after being issued a 221 G?

            Thanks

        2. administrator
          Saurabh

          As much as possible, move from EVC to EC model. The latter has better chances of approval. Also, go through an employer/client who can provide all the required documentation. From your previous 221g you know what kind of documents they are looking for, and it would be better to go through one who can provide all those documents. However, chances are 221g may be issued during your next interview.

  20. karthik

    Hi Sarubha,

    First I would like to thank you for your help for the queries.I am Karthik based in London,UK under working visa here.I don’t have any idea about H1b visa processing.One of the employer who impresses on my work has applied H1b visa petition and it has been approved last week.Now I need to attend visa interview in London.I need some clarifications so that it would be helpful for me.

    1.Shall I attend the visa interview in London or India office? Any idea which is better?

    2.Whats the procedure to attend the visa interview? Should I pay visa fees before attending interview? Any specific questions I have to be prepared?

    3.Last thing is suppose if the visa is approved in the interview will they stamp immediately in the passport or I have to give the passport to them? How long time they will take to stamp in the passport? Any idea..

    Thanks lot for your help.
    Thanks
    Karthik

    1. Thank_God_I_am_NOT_him

      Dude, no offence but it is always better to check the spelling of the person you are addressing. And don’t you think you should be asking such questions from your so called “impressed employer”? Pun intended, but did you really ask “should I pay visa fees before attending the interview?”. Dude, beware they will stamp your visa in 5 minutes, and immediately you have to fly because it is valid for only 24 hours. and yes, do not forget to pack your moisturizer because USA is a dessert and they do not have it there. Good luck dear Krthika (oops Karthik). You Rock. Thanks lot and thanks.
      (PS: Sorry guys for being blunt but I tried to be as polite as I could)

      1. administrator
        Saurabh

        Initially, I used to be concerned when I used to see all weird combinations of my name. But now I have stopped caring about the spelling.

        But yes, a little self research before posting the question really helps in reducing my effort.

    2. administrator
      Saurabh

      1. Contact US consulate in London and ask their policy about TCN (third country national)
      2. I can tell you the process in India. The process in London might be similar, but you will have to check it on the consulate website. First pay the fees at one of the participating HDFC branch. Then fill-up DS-160 form and schedule an interview date using HDFC receipt and DS form. Finally attend the interview on the scheduled date. The process has also been explained in detail on VFS India website.
      3. If stamping goes well, they will keep the passport w/ themselves and issue the stamped passport within next day or two. It can then be collected from the VFS counter, else it is mailed to the address provided at the time of interview. Again, this is the process at least in India, and you can check for similar process in London.

  21. SA

    Hi Saurabh

    Can you please help me with some questions regarding 221g blue slip

    Interview date 29th dec, 2011
    Documents asked :
    1 -> copy of petition ….i already have this one
    2-> Notarized list of empoyees
    3 -> Letter (on letter head) saying there is vacancy for the post
    4-> details of internal projects

    I am a direct hire and my employer is ready to send documents 3 & 4 via email or mail, but they are saying that they cannot provide the list of employees (#2) directly to me and they will instruct the consulate to request it from them.

    My questions are :
    1 -> how does not submitting document #2 work… i mean whether consulate will agree to this ? are they familiar with such procedures ? why would consulate take extra efforts in requesting those documents from my attorney ?….it concerns me that they will reject my visa if i ask them to make extra efforts for getting the documents.
    Also i believe it can also add to processing time and further delay my case.

    2-> Also is it okay if i submit the scanned copies of documents #3 and #4 that my employer will send me via email or should i ask them to mail me the originals since document #2 is on company letter-head

    Thanks for your help
    SA

    1. SA

      I was interviewed at Mumbai consulate and this i my first H1-B stamping
      I have been working for almost 11 months now, started on OPT and switched to H1 in october,2011.

    2. administrator
      Saurabh

      1. What you can do is send the documents to the employer and let him send the entire package to the consulate. It’s always recommended to send all the documents in one package, and so if employer is not willing to provide 1 documents then it’s better for them to send all the documents to the consulate.
      2. If the employer is sending the documents, then then can send originals as well.

      1. SA

        So you are suggesting that i should send the 221 g blue form to my employer/attorney in USA and let them send a packet to the Mumbai consulate.

        In my 221 g blue form, i have not been asked to submit the passport.
        Also how would consulate relate the packet to my application …and how can i track if and when the documents were submitted….
        Is there any case number assigned when i submit the docs ?… and i yes how would i track it in case my employer sends the docs ?

        Thanks
        SA

        1. SA

          i should have asked this first

          -> all the four requested docs are also with the employer/attorney
          -> when you say i should send them the documents, do you mean the 221 g blue form ? is that suppose to be submitted along with other docs ?…actually i am not sure how can my employer send the docs directly…

          Wouldn’t consulate ask for my original passport, HDFC bank receipt and
          blue form at the time of submitting the documents ?

          can you please let me know what all documents i should send to my employer….i am confused

          Thansk for your help
          SA

        2. administrator
          Saurabh

          Were you provided a case number? Usually its there on the top of the form. If there is none, then call VFS and ask them about it.

          If they have not asked for the passport, then you should not submit it yet. Usually one cannot track 221g blue form, and you will have to rely on email communication from the consulate about the status updates.

          When I said send them the documents, I was referring to any documents that are w/ you and not w/ the employer. If they have all the documents, then you don’t need to send any. It will also be a good idea to attach a cover letter and a copy of the blue form. I don’t think you need to send anything else unless they ask for it. They can match it on the basis of case number which should be there on the top of the blue form (else call VFS and ask what unique identifier you should add to the package – maybe passport copy or DS-160 barcode etc).

          1. SA

            sorry for troubling you again… but i read in some blogs that we have to pay 180 re processing fee at the time of document submission. In case my employer sends all the documents…wouldn’t all this stuff make it more complicated….
            In any case i will talk to VFS helpdesk and also see what they say…

            Really appreciate your help..
            Thanks
            SA

          2. administrator
            Saurabh

            This is what New Delhi US Embassy website says “Be sure to include a copy of the pink 221(g) handout with your submission, and mark all packets of documents “Attention: U.S. Embassy – Administrative Processing. ”

            So you will have to include a copy of the pink slip and mark the packets accordingly.

            It also says that VFS will charge for the dropbox, but I am not sure if they will charge anything if it is mailed to the VFS. You can call VFS and check if anything needs to be paid in case documents are mailed directly to VFS and dropbox facility not used.

    3. Pankaj

      same thing happened with me and i was given a sealed envelop by my employer to submit the same which VFS refused to accept and i had to open the same for submission. After that the same documents was returned to me by consulate immediately in next couple of days.

      1. SA

        Hi Pankaj

        Can you please share some more details..

        when was your interview ?
        when did you submit the docs ?
        did you get stamping ?
        are you a direct hire ?

        sorry for so many questions…. but it would really help to get any reference
        thanks for your help

        1. Pankaj

          SA,

          Here are the details:

          1st attempt:
          when was your interview ? 01/21/2011 (had all the documents in hand including complete list of employees along with their last year W2’s )
          when did you submit the docs ? 02/02/2011
          did you get stamping ? visa refused under 221g on 03/25/2010 and the same was communicated to me on 05/04/2011. They did approached my client’s corporate HR team in first week of March and i don’t know the responce back to KCC from the HR team but they did responded and notified me about the same.
          are you a direct hire ? i was working under EC model

          2nd Attempt

          when was your interview ? 08/12/2011
          when did you submit the docs ? 09/01/2011
          did you get stamping ? Awaiting response from consulate
          are you a direct hire ? I am a fulltime employee for a US employer with only few employees on visa.

          I will not suggest you to submit the passport unless it’s written on your slip.

          thanks,

          Pankaj

  22. anand

    221g administrative processing in my opinion is very ridiculous process

    1 There are no Timelines
    2 There is no clarity on why they are putting on us on hold
    3 Why do they approve H1B in the first place ( for 6000$ ??? ) . they could have reject or put a RFE right then
    4 Not allowing the people to enter back and sell there stuff and settle there property’s ??? what kind of law is this …
    5 If there are no timeline how do they expect the employer to hold on to the employee who got into this issue . If they issue the visa after few months what good will it do ?
    6 how is it OK to work with same H1B in US and but this is turns out be an issue when you travel out . how long do you think we can stay without seeing familys

    i am not sure why this issue has not been raised and brought to attention of BIG heads.. please take you time get awareness of how serious this issue is for the people who travel
    https://openhomelandsecurity.ideascale.com/a/dtd/34752-7043

  23. Sai

    Saurav,
    I need expert advice for the scenario i am in now. I am on 8 year of my h1b an my h1b and my wife h4b visa is valid till Jan 31 2012. We got kid in india and i am here in usa waiting for my 485 approval to come for me and my wife.

    we are thinking to apply for h4 for kid to get kid here to add kid to my 485 before it gets approved. (we want to achieve this ASAP)

    I applied for h1b renewal in premium.

    Will it be good idea to use old H1b for kid’s H4 stamping in Hyderabad or let’s wait for renewal to go through before going for stamping as we are seeing lot of rejections even for h4?

    If i wait for my h1b renewal and if i get any RFE ,which will again will take some time to get it cleared and finally to get kid here.While waiting we are letting old h1b expire without making use of it.

    If they go for stamping ,did you see any problem recent days. i am working on EVC model.only one vendor .I applied for my H1b with vendor letter with my h1b employer name on it.

    if any RFE comes for stamping also ,we need to wait in india only. if we use Renewed H1B wil reduce the risk of h4 stamping.

    Either stamping risk or h1b renewal risk we have to take either one of these.which is least risk bassed on current scenario.My employer left the option open for me .

    Thank you very much for your help to the people who are in desparate need.

    1. administrator
      Saurabh

      If your current petition has expired, then the kid should go for H-4 stamping only after you have received your extension. If your current petition is still valid and the kid goes for H-4 stamping, then the stamp would be issued only until petition expiration date. So it may be better to send the kid for visa stamping once the petition has been extended.

      You may be asked about the employer-employee relationship during the interview. So make sure you have enough clarity and documentation to support that.

      1. Sai

        Thanks Saurabh.

        Based on your sayings, i waited to get my approval. today I got my H1B approval email form USICS and my employer took visa date using BEP.

        I work on EVC model and we used End Client letter and Mid Vendor letter for H1B premium . as those were recent dated, employer wants to use them as is. along with Contract from my h1B employer to Mid Vendor .(It’s difficult to get Mid vendor to end client agreement)

        Any other supporting documents you can think of . In this scenario , can you see any other things to reduce our risk.

        Thanks again saurabh for you and team behind the website. Really appreciate.

        1. administrator
          Saurabh

          The documents look fine. One other document that is important these days is employer-employee relationship which shows how your employer manages your day to day activities at the client site. This is a very important document when working in an EC or EVC model.

          1. Jay

            Hello Saurabh,

            As you mentioned about the EC and EVC model, I still find it hard to imagine how it is possible to comply with the recently amended rules about employee-employer relationship. Coming to how the supervisor supervises your day-to-day activities, it may be demonstrated with appropriate documents. But when it comes to the employer providing the tools and “Does the H1B employee use proprietary information of the petitioner in order to perform the duties of employment?”, I wonder if any of the EC or EVC model-based positions will ever conform to the rules. I believe most EC or EVC model positions have the clients providing tools to the employee if I am not mistaken.

            Thanks

          2. administrator
            Saurabh

            I don’t think that’s a necessity and a person can provide services to the client w/o making use of employer’s proprietary information. Have you seen cases where this was asked and the case was rejected b/c the employee wasn’t using proprietary information at the client site? That looks more like a L-1 thing than H-1.

          3. Jay

            Hello Saurabh,

            Well, the question mentioned above is one of the many questions the VO asks as part of a routine and they also specify that no decision can made based on one factor. It is not at all clear, the procedure.

            Thanks

  24. abcd

    Hi Saurabh,

    I have applied for H1b in NOV 04 from Vermount center so what is the latest update from Vermount center and where can i check it??
    How much time do i have to wait?

    Thanks

    1. administrator
      Saurabh

      They are processing petitions from July-Aug. As your was filed in Nov under regular processing, it may be another 3-4 months wait time for you.

      1. abcd

        Thanks Saurab for your promt response

        I want to upgrade my case to primium,i checked with few of my friends if you apply for PP then their are more chance for denial/RFE etc kind of things Is it true??

        1. administrator
          Saurabh

          Upgrading to PP doesn’t change the outcome of the petition. You can check w/ an attorney as well, and they would have the same response. If the petition is worthy of approval, then it would be approved irrespective of whether its under regular processing or premium.

  25. Amit

    Hi All,

    How much time it’s take to clear the 221g ? As I have submitted the document3 months back but still there is no any reply from USCI.
    What should I do now ? I am sending couple of mails to VFS but they reply same message like it’s still pending.

    – Can I start my H1B transfer process ? or how much I still wait ?

    Visa Interview data : 9th Sep 2011
    Visa Type : H1B
    221g form Submission : 27th Sep 2011

    Thanks,
    Amit

    1. administrator
      Saurabh

      Unfortunately there is no set time frame for 221g. They can take few weeks to several months.

      Even now an employer can file cap-exempt petition for you based on your earlier approval. Once approved, you can go for H-1 visa stamping and if approved can travel to US.

      1. Amit

        My Employer will not spend more money on visa now. So I need to wait for the results.

        As it’s 90 days over & there is no any mail communication , so can I assume that things are still in positive direction ? ( otherwise they may respond with refusal till date.) Is there any hope or I can MoveOn ?

        ~Amit

        1. administrator
          Saurabh

          It can go either way. Depending upon how satisfied they are w/ the submitted documents, they would determine the fate of the stamping. How confident are you and your employer about the submitted response?

  26. SNEHA

    I came to india for h1b visa stamping in Sep 2011. At the time of my interview i was said that my visa is approved and my passport was taken by the interviewer. The next day of my interview i got a 221g slip in email requesting me to submit documents. i submitted the required documents and after 2 weeks of submission I got a phone call from US embassy and they interviewed me for 15-20 mins. After this they called up the office where i am working and inquired about me. After this whenever i tried to get a response from the embassy they said that its under administrative processing. It has been 3 months today and I got the following reply.

    As per the US Embassy please note that based on the documents you submitted to us and the information elicited in your interview with an American Consular officer, we were not able to issue you an H1B work visa as the Post believes that the petitioner is unable or unwilling to provide qualifying employment and will not be able to maintain the employer-employee relationship. Therefore, your application will be soon returned to the Kentucky Consular Center (KCC). Once KCC receives a petition, it returns to the approving office of the United States Citizenship and Immigration Service (USCIS) for review and possible revocation. Please direct all future inquiries regarding this case to the approving USCIS office.

    What does this mean? what can I do? Does this mean that my case is rejected?

    1. Deepak

      I am afraid yes Sneha, but this is just the decision of Visa officer. Your petition is still approved. VO will send your case to DOS and they will send it to USCIS for further reviews. Now you have two cases, either USICI reaffirm your petition or they can revokes it. If they revoke it, they will send a LOD and your company/attorney can reply to that and opt for MTR (motion to reopen).

      Tell us something about your case first. You were directly working with your employer? or on EC model or EVC model? If you have a client (with or without layer), you should be able to show and justify that your employer is controlling your day to day work (and not the client). It means employer-employee relationship is maintained. (and in those cases where VO believed it is not proven, we land in a situation like yours).

      Do not loose hope and good luck.

      1. SNEHA

        I was working for a staffing company. I am a physical therapist. When the US embassy called me on phone they did ask me if my employer has a direct supervision. But i work at a different place which is owned by a different person who is my supervisor and he has a contract with my company. SO i am not sure about EV or EVC model.

        1. administrator
          Saurabh

          This looks like an EC model – you have an H-1 employer who has a contract w/ another company where you work and provide PT services. Your visa seems to have been refused b/c it didn’t satisfy employer-employee control requirements. Your H-1 employer needs to have direct supervision over your work activities, and in this case he doesn’t have direct supervision.

          1. SNEHA

            I understand that. But the embassy still has my passport and even on the VFS website the status of my passport is under process at us embassy/consulate.
            Should i think that they are still waiting for USCIS to respond. Or they will send my passport back???

          2. administrator
            Saurabh

            Based on their earlier response it seems like they would return the passport to you, and the 797 back to USCIS for reconsideration.

          3. SNEHA

            I just came to know this from my boss that previously when the US embassy had a phone conversation with the office where i work the US embassy VO said that he would send a questionaire to the office which my employer has to fill out and send it back to US embassy. But my office never received such stuff.
            Can my boss call the US embassy and ask them about it? Can it be a reason for the denial email i got? Can the US embassy consider it and work on my case again?

          4. administrator
            Saurabh

            The employer can try to do that, but I don’t think that would help. The case is now w/ USCIS and they will have to take action on that.

            Even if the employer talks to them, the petition/visa will be approved only if it satisfies employer-employee relationship. Does your employer control your day to day activities at the client site? If no, then it will get denied.

          5. Jaya

            Hello Sneha ,
            I am also a PT working for staffing company . I have been issued 221G while Visa stamping .
            I just wanted to know what happen with your case and how long it took for completion of processing .

        2. Sheriff

          Sneha,
          On your situation, it is advisable to find an employer again and file an H1 from India coming April. In that mean time you can complete general credits and endorse your license to a different state where you would like to recolate/live.

  27. Jamk11

    Hi Saurabh,

    Please find attached reply of yours to my question.
    In this on your reply to my question # 3 I would like to say that my previous employer is still interested to hire me and I have a approved I797 till 2014 from them , this was filed on May 2011. Now can I show these documents at port of entry ? or should I go for fresh H1B visa stamping in US consulate and then enter in US ?

    Please suggest.

    Thanks
    ******************************************************************************
    Jamk11 December 22, 2011 at 11:13 am

    Hi Saurabh,

    US consulate has asked me to submit my passport with 221g pink slip after a wait of 6 months in Admin Process. Now my employer has terminated my employment and has informed to USCIS.
    1>What are the chances of getting H1B Stamped ?
    2>If by chance H1B is stamped , can I travel back to US with the current employer documents? Will I be checked at Port of Entry if I am employed with the current employer ?
    3>I also have approved H1B transfer petition with my Previous employer, If asked at port of entry can I show those documents ? or do I have to go again for H1B stamping with my previous employer documents at US consulate ?

    Please Suggest.

    Thanks

    .Saurabh December 22, 2011 at 1:24 pm

    1> Probably none. Once the employment is terminated, visa would be refused
    2>Even if visa gets stamped you should not enter US as your employment has been terminated
    3>You can use the prior petition only if you intend to work for that employer and even the employer is ready to hire you.

    Do not travel to US unless the employer for which you have an approved unexpired 797 wants you to come to US and work for them.

    1. administrator
      Saurabh

      There are 2 things required to enter US
      1. Approved unexpired 797
      2. Approved unexpired H-1 visa stamp

      Even if you go w/ the old employer you have (1) but not (2) as your current stamping ran into 221g issues. So you will still have to go for H-1 visa stamping through old employer and once visa has been approved, then only travel to US.

  28. anand

    Hello please advice

    how long is the process for 221(g)
    what are the checks in 221(g). that officer would do
    if 221(g) is rejected what are the next steps

    1. administrator
      Saurabh

      221g can take few weeks to several months. They can do all sorts of checks in 221g depending upon the case. This includes (but not limited to) name check, document check, client/employer check etc.

      If visa is rejected then the consulate will send the petition back to USCIS for reconsideration. If USCIS agrees w/ the consulate and revokes the petition then that’s the end of it (unless employer plans to file for appeal or MTR). Meanwhile, you can ask another employer to file a cap-exempt petition for you on the basis of old approved petition.

      1. anand

        If USCIS agrees w/ the consulate and revokes the petition then that’s the end of it (unless employer plans to file for appeal or MTR).

        ** what are steps involved in the appeal or MTR .
        ** can i be going for stamping again ..

        Meanwhile, you can ask another employer to file a cap-exempt petition for you on the basis of old approved petition.

        *** do you mean i need to apply for H1B, with a different employer?

        1. administrator
          Saurabh

          1. I don’t remember the exact form number, but the employer would have to file that w/ USCIS. Check w/ your employer if they are willing to file appeal or MTR in case USCIS revokes the petition. Yes, stamping will need to be done again as the previous stamping request would have been rejected as part of 221g refusal.

          2. Yes, if the current employer is no longer able to get an approved H-1 petition and visa for you, then it’s better to contact another employer and have them file H-1 petition for you. You will again have to go for stamping when filing through new employer.

      2. Jay

        Hello Saurabh,

        I am afraid my question is not very appropriate, but as far as you memory goes, can you recollect any 221 G cases which have been approved by going with a cap-exempt petition through a different employer (for eg., EC model with proper documents)?

        Thanks

        1. administrator
          Saurabh

          I have not read on this forum, but I have read it on other forums. The original 221g didn’t get approved, but the employee was able to get H-1 visa stamped through another employer by filing cap-exempt petition. I don’t remember if the other employer was in EC model or a direct employer.

  29. SriGanesh

    Hi Saurabh,
    I’m planning to attend the stamping at Hyderabad, and it says here
    http://hyderabad.usconsulate.gov/advance_doc_submission2.html
    the following..

    Copy of the letter to USCIS, client letter or description of internal project and experience letters

    I’m in E-C model, could you through some light on what option do i have, besides a client letter, as i can’t get that since i work for an employer who has many clients, i may be working for others tomorrow.

    Please let me know. Thank you.

    1. administrator
      Saurabh

      Besides having client details and project/contract letter, you should also contain information on how your employer controls your duties and tasks at the client site (employer-employee relationship).

  30. Ronak

    Hi Saurabh,

    My H1B case is in processing since the past year.
    I went for H1B stamping at mumbai in Nov 2010. Got Blue 221g form.
    After submitting the required documents, I received a Yellow form due to which it went in administrative processing. After 5 months, I got an email that my visa has been accepted.
    Now, on USCIS site it says the following:
    “On October 21, 2011, a duplicate notice was mailed to you regarding a decision on this case, or describing how we will process the case if it is still pending. Please follow any instructions on the notice. Your case is at our VERMONT SERVICE CENTER location. If this I129, PETITION FOR A NONIMMIGRANT WORKER is still pending, you will be notified by mail when a decision is made, or if the office needs something from you. If you move and this case is still pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.”

    So Basically, I received I797C acceptance from my lawyer.

    I am not sure what to do since USCIS customer service says the case is no longer with them. Its with DOS (Department of State) and they will notify the Mumbai Consulate.

    Can you please advice me as to what I should do ahead ? How I should track my case ? What is the next procedure ? What is the time frame.

    Its already been 1 year and 1 month !!
    Thanks in advance

    Ronak

    1. pranavi08

      Hi,
      please post you case in below links you may get some suggestion from seniors…there are many people like you..i also in same boat..

      http://forum.murthy.com/index.php?/topic/30224-case-sent-back-to-kentucky-consular-center/

      http://forum.murthy.com/index.php?/topic/30223-new-petition-approved-go-to-visa-interview-or-wait-for-reaffirmation-resultplease-guide/

  31. Nikhil

    Hi Saurabh.

    I got 221G asking for more project details and client letter. My petition is filed for SFO , Programmer Analyst and client is now ready to give letter for Oakland,CA for some different project which is 16 miles away with the designation of Sr. Programmer Analyst.
    My queries are:
    1. As location is different and within same MSA , will it create problem?
    2. On SOW, my manager location is Oakland and mine is SFO. Will it create problem considering employer-employee relationship? On my client letter it is mentioned that I report to my company manager.
    3.On my client letter designation is mentioned as Sr. Programmer analyst and on LCA it is Programmer analyst. Will it create problem? Should I get the new letter and if it is not possible can i just submit the same letter? During interview when I told VO that I am working as Senior Programmer analyst, he asked me suspiciously are you Sr. Programmer analyst? So i told him that I have 6 yrs of experience and he said Ok.

    After submission of documents, what are chances of approval in my case?

    1. administrator
      Saurabh

      1. Oakland and San Francisco are just across the bridge. I think it should be ok as both are in the Bay Area.
      2. It can be argued that employer makes a trip from one city to other to monitor and deliver tasks (say ever Monday)
      3. I think it should be ok as long as you are getting paid more than the LCA salary.

      You should also consult an immigration lawyer to confirm the above responses.

  32. kell

    I got my acceptance for my h1b visa but now the wait time for an interview is too long. Can I take my interview in a different city than what is specified for me? I am told to take it in Sao Paulo, but that has a wait time of 3 months for an interview. I want to take it in Rio de Janeiro because that only has a wait time of a few weeks.

    1. administrator
      Saurabh

      Each consulate has a different policy. You should contact the consulate in Rio and ask if you can schedule it in a different city. I think it should be ok as your consulate has 3 month wait time.

  33. SriGanesh

    I’m in US currently working for the same employer who filed my H1 transfer in 2008 and also extended Visa & I94 with the same employer valid until March 2013.
    I work in a EC model, for a 20K employee company.
    I have been regularly paid,filed my tax returns promptly, no tickets/violations etc..
    Is it a good time to travel to India ?
    Will there be still a reason US consulate/VO might reject my case, for reasons i cannot control ?

    Thank you very much for your time…

    1. administrator
      Saurabh

      IMO, as much as possible, one should avoid traveling outside US for visa stamping especially when working in an EC or EVC model. Even when you have all the required documents, there is a chance that the officer would issue 221g for administrative processing and ask you to submit the documents. This would allow them to go through the documents in detail and not rush through them during the 5-10 minute interview.

      If there are other employees in the company who have recently gone to India for stamping, then you can look at their experiences as well. You can also evaluate whether it’s less riskier to go to CA or MX than to go to India for stamping.

      1. SriGanesh

        Thanks Saurabh.
        To your point, i have been postponing this trip for almost an year now.
        I have inquired within the company and found that L1 have undergone rejections, a couple of my colleques from other account have made it back safely.And so, i’m feeling safer to go there now. I have a wife and US born Kid presently in India and hence want to schedule this visit to get my H1 and her H4 simultaneously.

        Also..regd MX & CA..here is my situation….

        My H1 visa and I-94 expired in Sep2010, and both got extended until March 2013.
        I have a question on the eligibility for the same and confirmation of the following statement.
        ” Anyone whose I-94 expired for more than a year is not eligible for stamping at Canada/mexico”
        my case I-94 expired on Aug 7 2010 – sep 2011 ..and got extended till 2013.

        This is the reason why i’m still here…

        Kindly provide your input…need your kind opinion..:confused:

        1. administrator
          Saurabh

          When a person stays in US w/ expired I-94, that’s illegal. That is why they do not allow people to come for stamping whose I-94 has expired for more than year.

          You are fine, as your I-94 is currently valid (the latest I-94 matters), and can schedule an interview in those countries. However, always have a back-up plan in mind in case things don’t turn out the way you planned.

          1. SriGanesh

            Thank you Saurabh.
            Your effort to help people like us is commendable.

            Since we don’t do anything wrong and illegal here.
            I strongly feel we will need a strong voice from our government or a congress man here to hear our plight and take it up diplomatically and chalk out a decent way out for us.

            Thank you.

          2. SriGanesh

            aaaAh…. thats ideal world.

            Saurabh, one more question.
            My Visa still show my old employer from 2008, after which i got transferred and then extended.
            1) At my old employer i worked only for six months and moved full time Aug 2008.
            2) By Oct 2008 transfer was through and my I-94 came along with the transfer approval cut short by a month than original Sep 2010. 3) Then Aug 1st 2010 filed my extension and successfully received extension with approval till 03/2012 with my current employer.

            Kindly let me know if “my expired visa shows old consulting firm but my i797 transfer,extension show new employer ” cause a problem.

  34. guru

    Hi Saurabh & Friends,
    I had a H1b Visa Interview on 1st DEC at the Mumbai Consulate. I got a 221g blue form . My employer is a small startup company. The first section of the Blue form has ‘OTHER’ for which the VO wrote ‘WorkSpace Photos’. All other document list has been checked by the VO. Do I need to take these documents to the consulate in person or do I need to drop them at local VFS office? Your advice would be appreciated.
    Thanks in advance.

  35. Partha

    Hi Saurabh & Frnds,
    I m in USA since 4 years. I was on opt last year and again went college. I got my H1B approved this oct. 11. I got married last year and due to family issues i didnt bring my wife then. I recently made an application for H4. I work on EVVC model. So I have 2 layers between my end client & employer. My wife was asked 4 questions pertaining to my job, pay stubs & marriage. She answered them all correctly and honestly. They handed over 221g Blue slip asking for 4 more documents. A.My complete I-129 petition with cover letter to USCIS, Educational credentials. B. Client contract letter from end client, copy of contract agreement between my Employer & End client with timings and status of my project. C. My last year tax returns. D. My paystubs from oct. 11 till present. I have all the documents except I m confused for document B. As my end client only recognizes my V1 and my employer recognizes V2. Suggest what to do here. Secondly, they have asked my wife to drop all the documents to VFS office Along with Passport. So, just curious as to is this a positive sign. Also, does it mean that once I submit my documents being H4 visa they will process it faster than H1B.? Would be great help guys if you can suggest. Appreciate your help!

    1. administrator
      Saurabh

      As the client and employer doesn’t have any direct contact, it may be difficult to arrange for that letter. What you can use as substitute is contracts b/w C and V1, V1 and V2 and V2 and E. However, that may give rise to another set of questions as to how your employer control your tasks at the client site etc (employer-employee control). I would suggest discussing your case w/ a lawyer so that you frame good responses.

      There is no surety that it would be approved after submitting the documents. In addition, they don’t have any set timeframes for H-1/4 visa stampings. So it can take weeks or months.

      1. Partha

        Hi Saurabh,
        Thanks for the quick response. Really thankful to have guys like you around during tough times. My employer spoke with the company’s attorney and they are saying that they can provide Contract details between my employer and V1. And I can get client letter from my end client stating in that letter that “I have been contracted thru V1 & V2 and the last paragraph mentioning about my employer that they hold the rights for employee benefits, tax & payroll, directly managed by them”. In this way they are establishing relationship with End Client by getting their Company named “mentioned” in the client letter itself. The lawyer said it satisfies the condition that my employer maintains all the rights about me while serving the end client.
        Cuz the lawyer said the EVVC model is highly complex and I might not get H4 visa at all. Apart from that I dont see any challenge in providing any further documents. Is this approach okay? What are the chances getting another query after this approach? Also, I am considering easily 2-3 months timelines…..Lastly, have you ever heard H4 being denied? How are my chances…..M i really really nervous. Thanks.

        1. administrator
          Saurabh

          You also need to mention how your employer is controlling your weekly tasks while you are working at the client site (if you don’t have that already covered in the letter).

          If I don’t sugarcoat, getting approvals in EVVC model is really tough. Earlier it was just H-1 interviewees that were grilled and rejected, but off late dependents have faced the same fate. But it also depends upon how the response is frame and how satisfied the officer is w/ the response.

    2. rahul patel

      Hi Guys,
      I came to USA in aug 2007 on f1 visa. I was on opt till september 2011.I got my H1B approved oct,11. I got married in july 2011. I recently made an application for H4. I work on EC model. So I have no layers between my end client & employer. My wife was asked 5-6 questions pertaining to my job, pay stubs & marriage. She answered them all correctly and honestly. They handed over 221g Blue slip asking for 4 more documents.
      1). Letter from the client company sponsoring the project and a copy of contract between petitioner and the client company. ( i do have)
      2). Detail and specific description of the internal development project to which you assigned. Include description of project, employer,timeline, current status, numbers of employee assigned, worksite location. (is there any specific format required?
      3). My federal tax returns and W2 for year 2009 & 2010–> ( I was on OPT during this period(june 2009 – dec 2010)and i was not employed. I started working from january 2011 so i dont have W2 and pay slips for timeduration of june 2009 to dec 2010. )
      4). My paystubs and monthly bank statements of year 2010,2011 (I do have bank statement but pay stubs only for 2011 as i was not working in 2010).

      I need some inputs on this TAX returns point that how to manage to provide the related documents.
      They have asked my wife to drop all the documents to VFS office Along with Passport.

      Plese guys let me know what can be done i this situation.

      Thanks,
      rahul Patel

      1. administrator
        Saurabh

        Did you stay unemployed for more than 90 days on OPT? If yes, then that could be an issue. Talk to an experienced lawyer on how to frame your response.

        1. rahul patel

          Hi Saurabh,
          Thank you for the reply. I had opt till july 2009 to july 2010. i had letter stating doing internship. opt extention from july 2010 to dec 2011. I had the letter stating internship for 17 month opt extention. I didnt get any pay slip as it was just to get opt extention. So actually i never worked officially till i get my first project in jan 2011. I can say that it was unpaid internship.

          Thanks,
          Rahul

          1. administrator
            Saurabh

            As you were on unpaid OPT, it can hamper the chances of successful stamping. It’s better to talk to an immigration lawyer on how to frame the response.

          2. rahul patel

            Yes, I have emailed the 221g to lawyer . hopefully he will come back with some response frame. so there is no issue if i have shown unpaid internship.?

            rahul

          3. administrator
            Saurabh

            There is a BIG issue if you were on unpaid OPT.

            I think unpaid (voluntary) internship is allowed only when there are other employees in the firm doing similar job voluntary. In addition it should be related to coursework. So one cannot do unpaid internship in a company like Google (as others doing similar job are getting paid), but can do unpaid internship in an organization like Red Cross (as most of the people are volunteers there) (not the right example as Red Cross work will not be related to your coursework).

  36. Sreenivas

    Hi
    I did my masters and returned to india for my sisters marriage in Feb and attended H1b stamping in Feb last week at Chennai VFS. Received a 221G query and submitted the requested documents. Within 10days I received the package again asking for client letter with specific details. So submitted again all the requested docs along with additional docs like bank statments, payslips, w2s…etc in April last week. Since then I didn’t get any kind of reply from them about my case. All the time they say its under Administrative processing whenever I call them or email them. Neither my employer received a single call or email from them . Its been more than 7months tht I submitted documents but no reply . Could anyone please suggest me what should I do now?

    1. administrator
      Saurabh

      221g processing is at times an endless wait. What you can do is write to the senator of US residence and ask him for help. I have seen experiences where this has helped in speeding up the process.

  37. Abdul I Mohammed

    Hello, I am planning to go to India after 5 years in the US. I did my masters and converted from F1 to H1B. I am working in EVC model and have to go to visa stamping. My client is ready to give me a client letter. But I am debating if i should go to Canada or to India for stamping. I am planning on taking all the necessary docs for stamping. But I still have my fears about stamping. Also will my name cuase any complications during stamping? please let me know what the right course to follow would be.

    1. administrator
      Saurabh

      Unfortunately, your name may put you in additional name check. Also, while carrying the documents make sure to carry information on how your employer controls your day to day activities at client site. This is usually difficult to demonstrate in an EVC model. Hire a good attorney and carry documents/information that can address the recent employer-employee relationship memo.

  38. bhavani

    Hi All,

    i visited hyd consulate and they ask about client letter, lca , letter to uscis.
    I have been in usa for 6yrs on h1b and got i-140 approved. In May 2011 employer applied for 3yrs extention with Location of Chicago.
    My project got over and i moved to New Jersey on new project.
    He ask questions whom i report. I am having E-V-Client and i got end-client letter mentioning direct contact with my employer.
    His questions were about my employer-Supervisor. As end-client office and employer office are in same building block. I insist we have meetings regularly related to release, progress of the project.
    Still he refer my case to USCIS and gave 221g blue slip.
    I am in contact with employer and they says we have to wait for uscis. Please let me know what to do.

    Thanks,
    Bhavani

    1. administrator
      Saurabh

      Did he ask for any documents in the 221g slip? If yes, then start working on those documents. If no, then they would do their own processing and will update the status.

      2 things can happen at this point –
      1. They would approve the visa and you will get it stamped in the passport.
      2. Your visa would be refused, in which case your petition will be sent back to USCIS. USCIS at this point can either re-affirm the petition or issue NOIR.

      Unfortunately, there is no time limit on quickly this all needs to happen. It can take weeks or months. Good luck!

    2. Rajiv

      Hi Bhavani,
      Same thing happened with me on 11/17 in New Delhi. He asked me similar questions about who assigns work, Who do you report? Who does your performance , benefits etc? How often I do connect with my supervisor?I replied him Client Manager assigns work, my supervisior does my performance etc. I had an employer letter where all these were mentioned.
      Finally he asked about the covering letter which was sent to USCIS for my case. I handed him over complete package of my approved petition and he kept all document and return my passport with a 221g yellow slip with a check box ” Admin Processing”
      Whatever the questions were asked about reporting, he got type them, print and finally asked me sing it. He mentioned that USCIS needs to review employee-employer relationship.

      Does anyone have any idea how much time will it take?

      Does it mean approved petition is being sent to USCIS to review employee -employer relationship or just review it rather than sending back the petition to USCIS?

      1. administrator
        Saurabh

        Unfortunately, there is no set time limit for them to review and respond back. It might takes weeks or months.

        As the consulate reviews the submitted documents, they can ask you for more documents including passport. Once they have completed the review, the would either send the passport back w/ stamped visa or reject the visa and send the petition back to USCIS for reconsideration. At this point, USCIS can either re-affirm the petition or issue NOIR (notice of intent to revoke).

      2. Jay

        Hello Rajiv, I think you got screwed because you said your client assigns work, rather than your employer. Check this link, might help you:

        http://www.h1base.com/visa/work/H1BemployerEmployeeRelationshipRule/ref/1577/

        1. Rajiv

          Hi Jay,
          I know it got screwed now and my petition has been received by USCIS for review. Now it will take months to conclude either way. So got stuck.
          What happens if same employer files another petition while I am in India and current 221g is in peding status on premium process. What are chances of getting new petition approval? If approved and I go to another consulate for visa stamping ( now I know what to answer on employee employer relationship) what are chances of issuance of visa from ?
          Will pending 221g affect new process from same employer?

          1. Jay

            I believe reapplying through the same employer will give you a similar outcome, one may have to try filing through a different employer with strong documents, but again visa approval is at the discretion of the VO!!! I am in a similar plight.

          2. Rajiv

            Read this and do not get disheartening
            http://forum.murthy.com/index.php?/topic/26451-2nd-time-lucky-after-221g/

      3. Rajiv

        As mentioned earlier per VO, USCIS has to review employee -employer relationship.
        I was issued 221g on 17th nov 2011 with the above AP reason.

        As per email from VFS,petition was return to USCIS on 22nd dec 2011

        USCIS received it on 4th July as per email alert set to my petition.

        USCIS reaffirmed the approval on 13th Jan 2012 per email alert.

        I am wondering if any one knows what would be next steps and how much time will it take to issue the visa or still it is not resolved?

        Mean time current employer filed another petition on PP and accepted by USCIS on 13th Jan

        Wondering what should I do if 2nd petition also gets approved by this weekend.

        What are the potential opportunity will I have to get visa issued?

        1. administrator
          Saurabh

          Call VFS and tell them that your petition has now been re-affirmed and you want to re-appear for interview. They will let you know how to proceed.

          In case you have 2 petitions approved, you can go for H-1 stamping through either of them, preferably through the one that has better chances of approval and for whom you prefer to work after entering US on H-1.

  39. Amit

    Hi All,

    I have one query regarding 221g.

    In 221g, they ask for contract letter between client and employer.

    But in my case(E-V-C model), I have the contract doc of vendor but not any direct contract with client. I do have client letter.

    So what should I need to submit in my 221g case? As I can’t get client contract doc.?

    Please suggest. It’s urgent.

    Thanks,
    Amit

    1. administrator
      Saurabh

      In EVC model, client signs a contract w/ vendor who in turn signs a contract w/ employer. You need to submit a letter stating that vendor has relationship w/ client.

      1. Deepak

        In my case, VO said everything is fine but since I have a vendor chain (EVC) model, he can not grant me visa as it is against the law. (EVC model is illegal). They later rejected the petition and case is now forwarded to USCIC for further review and possible revocation. God know what is going on.
        During the interview I was having client letter, middle vendor contract and other related documents. No clue what do they really want.

        Anyway, Good luck Amit.

        1. administrator
          Saurabh

          I don’t think it’s against the law. What he would have meant is that in your work model there is no employer-employee control. As per a recent memo, an employer should have control over day to day activities of an H-1 employee. When a person works in EVC model, your duties are determined by the client or the vendor. However, you can have an on-site manager belonging to your employer who can monitor your day to day activities. As lot of consulting companies are small and the client doesn’t have direct relationship w/ the employer, it’s not possible to have an on-site manager belonging to your own firm.

          1. Deepak

            Thank you Saurabh for the reply. During the interview he asked me few questions like, “Whom you are reporting? , Whom do you submit the time sheets? ,What is your work location? “.
            I am employed with X, Y is the middle vendor and Z is the end client. And this Z is again working for State (say S). But I am(was) not working for state directly. No reporting to them, not work location, no connection at all.
            Now I report to manager of Z. I submit time sheets to vendor Y and my company X. And I sit at client Z’s location.
            I do have a manager assigned by my employer X but he is not assigned my day to day work at all. Only if I need some technical help, or for future assignment, or during appraisals, approving leaves etc).
            From above snippets, what do you think went wrong, and what we all should keep in our minds for next time?

          2. administrator
            Saurabh

            There should have been someone from your employer side monitoring your day to day activities. From your response it seems like there was someone on-site but probably he wasn’t doing as much.

            It could also have been difference in what you said and what the officer heard. You could have added (assuming it is true) that your X’s manager sits through the meetings w/ Z where your duties and tasks are discussed and approves them. In the end, the officer needs to know if you have someone onsite from your employer side who manages your tasks and exerts control over your duties.

          3. Diwakar

            Hi Saurabh,

            After a wait of almost 4.5 months, this afternoon I got a response from Hyd Consulate through VFS, requesting additional documents. They have specifically requested the following

            “Letter from END CLIENT, itinerary of services, and contract
            1) A signed letter from the prospective end client, stating the client’s intention to make use of the beneficiary’s services and the nature and duration of the project. Include the signatory’s email address and phone number. 2) The applicant’s complete itinerary of services specifying the dates of engagement, the names and addresses of the employers, the names and addresses of any intermediary agents, and the name and address of the end client (where the services will be performed). 3) A copy of the contract between the petitioner and the end client company for the project on which the beneficiary will work.”

            I have a query on the second point, when they say itinerary of the services, what is it exactly they are looking for? Do I need to provide them the dates I intend to travel to US, duration I would stay and date I will be back?

            Also, can you advise based on your experience on how long it will further take after I submit the documents? I know there are no set timelines, but still trying to find out of there is some trends in the cases like these?

            Just a little recap of my Case

            H1B new, received 221g Blue with no docs asked from the Hyd Consulate on 25th Aug 2011.

            Regards
            Diwakar

          4. administrator
            Saurabh

            You will have to submit the dates and locations b/w which you plan to work for the employer/client providing information of employer, client and intermediate vendors. If you don’t know exact dates, then you can put them to the best of your knowledge b/w today and petition end date.

          5. Diwakar

            Hi Saurabh,

            I have had a similar experience while attending my H1 visa interview in Hyderabad. I was handed over a 221g Blue slip and the VO mentioned that everything else looks fine on my case but she needs to verify how my employer controls my work on client site.

            I work on EC model. They asked me the questions like who do you report to? Where does your manager sit? What work does he do?

            I told him that I work independently on my system and report my work to the manager from my Employment firm who visits the client site thrice a week. The VO was much interested on why doesnt my manager sit on the client site.

            They did not reject my case, however put it in administrative processing. Its been more than 2 months and we havent heard anything on that.

            Do you guys think I still stand a chance of getting a visa, considering that Employer-Employee relationship memo?

            Please respond.

            Thanks
            Diwakar

          6. administrator
            Saurabh

            Did they ask for any documents or information in 221g? They would process the case as per already submitted documents and additional documents that they might have asked for. They may also do offline checks (client visit etc) to find out how the control works in your case. It’s tough to say whether it would eventually be approved or denied, but at this point one can only remain patient and optimistic.

            Good luck!

          7. Diwakar

            Hi Saurabh!

            Thanks for the response!

            They didnt ask for any additional docs at the time of interview. Just handed over the 221g Blue form with Additional Administrative processing checked. Its been more than 2 months and they didnt ask for any information/documents from me and they havent contacted my employer or client yet.

            I have seen on forums if they are looking to contact client or the employer they do so pretty early maybe within a month of the interview.. Not really sure whats going on in my case.

            I guess you are right.. at this point we can only be patient and optimistic

            Thanks
            Diwakar

      2. Amit

        I have submitted the required documents today.

        I have contract doc between Vendor-Client and Vendor-MyEmployer & client letter.

        So once I submit the doc, can I get any acknowledge mail saying that they received my documents for process ?

        How do I track my case as I just got 180/- receipt from VFS office which don’t contain any details of my Case number or anything ? My case is from Mumbai VFS.

        Thanks,
        Amit

        1. administrator
          Saurabh

          I don’t think they would send out any such communication that they have received the documents. If they have given any case number to follow online, then you can track it online, otherwise you can email VFS to get updates. Tracking 221g is not as easy as tracking RFE processing.

          1. Amit

            So, once they done with my case then ,

            – Does they send me any mail like “Send us yr passport…..” kind or I need to follow up with VFS and send the passport once my case resolved ?

            – Can I start follow-up after 1 week and sending the mail to VFS mumbai for case status ?

            – For Mumbai, I can see the status report in : http://mumbai.usconsulate.gov/case-status.html , but in this site, they put only those status whose case is clear. Is there any way to see my status ?

            Thanks,
            Amit

          2. administrator
            Saurabh

            1. If they process your case and determine that you are eligible for H-1 visa, they would send you communication asking for your passport. If they need additional documents for processing, they would ask for more documents.
            2. You can. However, most of the time their response will be standard that your case is under processing. But I think they might be able to confirm you that they have received your documents etc.
            3. Not all cases can be tracked online. I don’t remember exactly which color cases can be tracked. If your 221g receipt didn’t provide any information on online tracking then it cannot be done.

      3. KM

        So I had my interview today – regular EVC model, the VO asked me questions about my client (xyz 150 employees gross revenue 15mil), he asked about my client (fortune 50) asked about my supervisor (president of xyz), asked how often do i talk to him (every week), who does day to day supervision (president of xyz) he returned my passport saying they need to review my application. no slip given, i provided him with client letter and vendor letters. not sure what to expect now. I’ve been residing in the states for 9 yrs now, 140 has been approved. any comments are appreciated..

        1. Deepak

          Well, I wish you good luck but you seems to in the same situation like mine. Just one tip, you should be reporting to your immediate company not to your client. (May be once in a week is also fine).
          Now you might (I wish you do not) be given 221g slip for further admin process. So it looks like if you in in EVC model, it is always better to be at least on EAD.
          Good luck anyway, I hope and wish you will get your stamp soon.

        2. administrator
          Saurabh

          I agree w/ Deepak. USCIS memo on employer-employee relationship mentions that employee’s day to day activities/tasks should be controlled and given by the employer and not the client. You will have to wait and see how it goes from here.

          1. Jay

            Saurabh,

            Do day-to-day-activities/ tasks refer to technical assignment of projects, as in he/she knows the technicalities of the project assigned? If yes, it is not always possible for a staffer to provide such technical guidance.

            Thanks

          2. administrator
            Saurabh

            But it may be possible for a techno-functional person. So the employer can place a person who has technical knowledge (like a Dev manager) at the client site who would interact w/ the client and can understand the technicalities of the project.

            Yes, if a staffer is placed at the client site, then s/he will not be able to guide the employee w/ these tasks.

  40. vinod

    Hi I am in OPT it ends in jan 16 2012 , i have query that , I am in health care profession …i am just waiting for my Licences to practice i will be getting in November 2 nd week 2011, during that time i need to apply in advanced degree cap or regular cap …advanced degree cap by that time it will be 20000. or if both get filled up then i cant apply for this year … then what can i do/?
    REGARDS
    VINOD

    1. administrator
      Saurabh

      You should apply in Masters quota. In case Masters quota has exhausted by the time you apply, it will automatically be considered in non-Advanced degree quota. If both are filled-up, then you need to apply in next fiscal year – the earliest date to file in that is Apr 01 2012. As your OPT is expiring in Jan 16, you will not be able to apply in next year’s quota from within US.

      However, looking at the current filing trend, I expect at least the non-Advanced degree quota to remain open until next year.

  41. Nikks

    Hi Saurabh,

    i got 221g in Nov 2010, and further in Feb 2011, the Mumbai Embassy sent my petition back for revocation. My Employer / Attorney replied back to the queries (NOIR) as received from USCIS, and finally it got Re-Affirmed from the USCIS on Aug 23.
    My Question is
    1) Do we get any other Document besides the Letter saying that petition is Re-Affirmed (Like I797 etc)
    2) What is the Follow up Procedure.
    a) Do i need to take new Appointment to visit Embassy@ Mumbai?
    b) What are the probable docs to be carried.

    note: From the Last 10 months i am working for the same client from Home

    Appreciate your feedback on this.
    Thanks
    Nikks

    1. administrator
      Saurabh

      I don’t know answers to all your questions. I am **guessing** here, so please do more research on this.

      As they are re-affirming the 797, that means petition number wouldn’t change and so you can still use old petition in conjunction w/ that letter. You should now take another visa appointment date and go for interview. Besides carrying all the earlier documents, you should specifically carry the documents VO requested last year in 221g. They might ask for them again.

    2. santosh

      i got 221g in june 21st , in the Delhi Embassy sent my petition back for revocation. My Employer / Attorney replied back to the queries (NOIR) as received from USCIS, and finally it got Re-Affirmed from the USCIS on oct 17th.
      My Question is
      1) Do we get any other Document besides the Letter saying that petition is Re-Affirmed (Like I797 etc)
      2) What is the Follow up Procedure.
      a) Do i need to take new Appointment to visit Embassy@ Delhi?
      b) What are the probable docs to be carried.

      1. Ronak

        Hi,

        I also got my H1B case reaffrimed since oct 13th. I have received I 797C and the docs sent from USCIS to my employer. What is the next step. Can u please kindly email me or send me your contact number

        Thanks in advance,
        Ronak

  42. ADK

    Visa Interview-: 09-Sep-2011.( Mumbai Consulate)
    Visa Type- H1B.
    Issued 221(g) blue slip asking for company specific documents like 2 yrs Tax returns, employee list with their salaries and start and stop dates, copy of I129 petition with all the supporting documents, A letter ( on the letterhead of the company) indication that there is a vacancy with them for me and Internal Project Description ( I am going for an in house research based job – Direct Hire full time).
    Documents Submitted – 12-Sep-2011 as I had all the documents even during the interview, but was asked to submit them on 12/09/2011.
    I have a Bachelors degree in Pharmaceutical Sciences and My Masters and My experience for 4 years is in Clinical Research and I would be working in the same domain for my prospective employer.
    How long do u think would it take for my case and what are my chances?
    Any one with 221(g) experience at Mumbai Consulate.

    Regards,
    ADK.

    1. Amit

      Same things with me on same day. It seems that it’s bad day !

      VI Date : 9th Sep 2011
      Type : H1B first time
      Handover 221g blue slip with same doc
      I am waiting for those doc soon from my employer.

    2. administrator
      Saurabh

      There is no SLA on the time 221g processing might take. It can happen as quickly as within a month or can take several months to process.

    3. Amit

      Is there any update on yr 221g ?

      I have submitted the doc yes’day for my 221g. I have one que,

      – Once they done with the case ,then dose they send any mail like ” Send us yr passport…” or we need to follow up and send passport to VFS?

      Thanks,
      Amit

      1. ADK

        Hey Amit,
        No updates yet on my 221(g) case. I am still waiting…and keeping my fingers crossed.

        I suppose once they are done with the processing, they will send a mail informing about the outcome ( approved/sent for revocation), and would state the action to be taken in the mail itself, as per the outcome.

        All the best to you ..I hope the outcome comes soon and positive.

  43. 221g

    Hi Saurabh / Amit,

    1) While getting 221g in some cases Visa officer keeps the passport and in some cases they don’t. What one should make out of it ?
    2) Does they take finger print for all 221g cases ?

    Thanks

    1. administrator
      Saurabh

      1. Better chances of approval. They usually keep passport when they have do administrative processing and know that it would come out positive. Otherwise they would ask for passport later when they know they would stamp the visa.
      2. Everyone is fingerprinted as part of interview process and it happens prior to interview. So yes, all 221g applicants are finger printed.

  44. dhina

    Hi Kumar/Saurabh
    I m so confused about one thing i.e in my offer letter it is denoted as senior s/w engineer whereas in LCA it is specified as s/w engineer. so when I asked my manager he said it will not create a problem and petition is already approved. I m going for stamping this week. Will it affect my visa stamping? I will be going to chennai consulate both (H1b and my family’s H4)

    1. administrator
      Saurabh

      I don’t think it would impact. More important thing is the salary and as long as your salary is above LCA amount, you should be fine.

  45. jamk11

    Hi Kumar and Saurabh ,
    If possible please answer my following questions after reading my case below :

    DOES THE NON SUBMISSION OF “I129” AND “LCA” HAS MADE MY SITUATION MORE WORSE ?
    I DON’T KNOW WHY THEY DON’T WANT MY I 129 AND LCA NOW ?
    WHAT COULD BE THE MAXIMUM WAITING TIME IN MY SITUATION ?
    _________________________________________________________
    Consulate Location – Kolkata
    Interview Date – June 22
    Waiting Since (in calendar days) – 67

    Petition Details:

    Employer Type – American
    Employer Size – 35,000 plus ( one of the biggest chain of HOSPITAL in US)
    Assignment Type – I am a Full time Employee
    I-797 Approval Date – 5/12/2010 (working for this employer from last one year)
    I also have another approved I 797 from my previous employer and I may join him after going back to US

    I have already worked for 3 years in US . As I visited India I have to go for H1 B renewal stamping for another 3 year.
    I am from Hyderabad went to Kolkata because I didn’t get any dates in Hyderabad.

    Here is how my interview went:

    Document collecting Indian guy asked mine Passport, DS 167, appointment letter,I 129 and LCA.

    I didn’t get the I 129 and LCA from my employer and he said my documentation is incomplete.

    Then VO called me

    VO : are you a doctor ?
    Myself: No
    Visa Officer (VO) : Then what work you do there ?
    Myself: I am a Healthcare IT professional and I implement the Hospital Information system………
    VO : Ok go to counter # 3 ( VO interrupted me while I was still speaking)

    Counter # 3 handed over me a form which has asked my all family members details and my previous employers with job description.
    I filled that and handed over it there

    Then Indian guy at counter # 3 handed over me 221g pink slip and didn’t ticked any thing on it, he returned my passport with all documents and said my application is under Admin Process.

    I asked I can get my I 129 and LCA in a week , he replied we have all the information and we don’t need any further documents.

    My employer has mailed me those documents now when I asked. It’s my mistake that I didn’t get it during the time of interview

    I am checking my status online every Monday and Friday and its still pending. I see processing complete only on first two pages. I am still in 4th page and no activity happen there. I hope there is no queue system applied in admin process case and someone is already working on it.

    My last name is KHAN , so I am sure there must be a background check going on which could take 60 to 120 days.

    1. administrator
      Saurabh

      As he issued the 221g w/o going through your documents, I suspect it was because of your name. They would do a background check before proceeding further. If the background check goes fine, they would ask you to submit remaining documents for further processing.

      1. Jamk11

        Thanks Saurabh,
        Please let me know your view in a case where one loses his Job during the 221g Admin Process.
        1 ) will that person still get the visa ?
        2) Also what is the relation between US Department of State and USCIS , how they share our information on 221g.

        Thanks a lot for your help.

        1. administrator
          Saurabh

          If the employer sends the cancelation information to USCIS after you lose the job, then that may be known to the consulate. However, if the consulate doesn’t check the latest petition status or if the employer doesn’t send the 797 cancelation request, then they would not know and would continue to process the 221g.

          1. Jamk11

            Hi Saurabh and Kumar,
            I am in Admin Process and my current employer “A” is not going to wait for more time. I already have my H1 Transferred to my previous employer “B” on May 2011 but I did not joined them yet.
            If my current employer “A” asked me to leave then my current Admin process will be abandoned. Then I will go with my previous employer “B” approved I 797 for fresh visa interview

            My question is , if this happens then will my ADMIN PROCESS start again from the scratch ? Will it continue from where it is left off OR again I have to wait for another 12o days ?

            Please share your views to help me to understand this scenario.
            Thanks a lot for your valuable suggestions.

          2. administrator
            Saurabh

            I think (I am not sure though) that you can apply for a fresh visa interview. Your process would start from scratch again, and the VO can still issue a new 221g.

          3. Jamk11

            Hi Saurabh,
            From last 3 months I have been tracking my case status which is “PENDING” under Admin Process. I went to US consulate Kolkata so I am tracking my case through Kolkata US consulate website, now in the latest released list I don’t see my barcode number.
            As per the website there are only 4 status :
            1) Required Questionnaire
            2) Pending
            3) Completed
            4) Abandoned

            Now since my barcode number is not there I don’t know what is my status. Please let me know what this mean ?

            Thanks

          4. administrator
            Saurabh

            221g processing is a black box. It’s much much slower than petition processing, and the updates trickle down. At this point, one cannot do much but be patient and remain hopeful.

          5. Jamk11

            Hi Saurabh,

            US consulate has asked me to submit my passport with 221g pink slip after a wait of 6 months in Admin Process. Now my employer has terminated my employment and has informed to USCIS.
            1>What are the chances of getting H1B Stamped ?
            2>If by chance H1B is stamped , can I travel back to US with the current employer documents? Will I be checked at Port of Entry if I am employed with the current employer ?
            3>I also have approved H1B transfer petition with my Previous employer, If asked at port of entry can I show those documents ? or do I have to go again for H1B stamping with my previous employer documents at US consulate ?

            Please Suggest.

            Thanks

          6. administrator
            Saurabh

            1> Probably none. Once the employment is terminated, visa would be refused
            2>Even if visa gets stamped you should not enter US as your employment has been terminated
            3>You can use the prior petition only if you intend to work for that employer and even the employer is ready to hire you.

            Do not travel to US unless the employer for which you have an approved unexpired 797 wants you to come to US and work for them.

  46. Deepak

    I got my H1-B visa extension approval for 3 years. Then I came to India for 3 weeks vacation. I attended Visa interview in New Delhi consulate on 18th May 2011.
    VO: Why do you want this visa? Who is your client? Have you been to US before?
    Are there middle vendors? Whom you are submitting the time sheets?
    Than he said, your petition is illegal, there should not be vendors. He said consider this as cancelled. He handed over me 221(g) yellow slip, and took my passport and I-797.
    On 16th June (after 1 month) I got an email saying my passport is dispatched. Next day on 17th June 2011, I received my passport back, WITHOUT any stamp on it.
    I called VFS, they said they have no clue about it, it is confidential information and they can not tell anything. I called US visa processing office, they told me that it is normal to return the passport and my case is still under “Admin Processing”.
    Now I am still waiting on my case, I have very less hope left now since the VO did not say that there is a chance the visa will be approved.
    Can someone tell me if it is possible that the visa could be approved?

    1. Deepak

      Forgot to mention, during the interview, he asked me about my family and their visa status. I told him that my wife already got visa approved. (She came few weeks before and got her visa approved and stamped.) Now BEING THE MOST STUPID PERSON on this EARTH, I haded him over my wife’s passport. And he cancelled her visa as “Cancelled without Prejudice”. He wrote CWOP on all of our visa stamps (Expired and Valid visa’s) and told me that there is no hope in my case, consider it gone.
      When I received my passport without stamp, there was no letter saying the visa application is rejected or denied. It was just the passport and I-797 in the envelop that was returned.
      SO GUYS DO I HAVE ANY HOPE?

      1. Pankaj

        Deepak,

        EVC model is not prefered and is not financially good for us as well.

        I think you should work with your consultancy and look for a new project with a direct client. File for an ammendment in yrou H1B and go for stamping again.

        I don’t think waiting for a letter or USCIS review will help you.

        Don’t feel bad about your wife’s visa as that’s not valid without your valid I797.

        Be brave and better utilize your time.

        I am awaiting my visa for last 13 months now and have wasted enough time exploring the possibilities and hoping that USCIS will reaffirm.

        hope this helps.

        Cheers,

        Pankaj

    2. administrator
      Saurabh

      Unfortunately, I don’t see many hopes. They have already canceled your wife’s visa and have returned your passport (which is usually an indication that they don’t plan to stamp the visa).

      You should follow-up w/ your employer and attorney to figure out what can be done.

  47. Bimal

    I here in India for just 2 weeks. I got 3 years of extension on H1-B after my 140 (Green Card) approval. I attended the interview on 9th May 2011in New Delhi and the consulate person on window was ok with all the document but in the end he asked me that I have completed 6 years of my stay in USA and I explained him that I got 3 yr extension due 140 approval. So he gave me the green slip with the check-box called “Other” checked. With the description saying he wants to check my H1 employer sequence. I submitted all my earlier petitions right there and so he also mentioned on the green slip that the document received and took my passport. I still waiting to receive my passport.

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