Sample 221(g) H1B visa Denial/Refusal letter from US Consulate India

In Apply H1B Visa by Kumar259 Comments

Some of you might be curious to see how a H1B visa denial letter would look like, if H1B visa have been refused for an applicant. Below is a sample denial letter received from US consulate after the applicant submitted documents for given 221(g) query.

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Sample 221(g) H1B visa Denial Letter

H1B Visa 221(g) Denial -Refusal Sample US Consulate

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Comments ( 259 )

  1. Rajat Mathur

    Hi Saurabh;

    I was selected in H1B 2015 Lottery and my petition was approved and I also got stamped in Feb 2016.Later my sponsor got in to some legal trouble and the consulate Revoked my Visa and logged my Status in Admin Processing.

    Now couple of months back I was interviewed by US Based Product development firm and few days back after consulting with their attorney,they decided to File Cap-Exempt H1 for me and I was happy to know that and started process with them like Signing employment form and submitting docs for Background verification.

    Today after almost 5 Months I got OF-194 Refusal Worksheet and Now My nightmares are haunting me back.While the process with new sponsor related to H1 transfer was in progress,I told them about my OF-194 Refusal letter and Now they are saying that Attorney suggested us to hold filling untill your previous petition gets revoked and that their cannot be 2 petitions filed for same Lottery selection.If we file it will be threat filling.
    I am not at all convinced with their reason here.I any normal case of H1 Transfer there are always 2 petitions that exists,one with current employer and other with the new employer who filed for Transfer-Than how is my case different here?.
    My new employer told me to keep checking my status at USCIS website and when it changes to Revoke let us know and we will file your papers.
    Can you please guide me here if what my new employer is telling is correct or they are just making me go round and round.

    1. Ron

      This sounds fishy. Any employer should be able to file a new cap-exempt petition for you. I am wondering if it will get approved though as your last approval was revoked by consular officer. Do you know if your previous employer asked for withdrawal? If that is the case then you should be fine. If it was revoked by consular officer for fraud then you should expect a NOID during your H1 transfer. What is the status of your case in USCIS website?

      1. Rajat

        Hi Ron;
        Thanks for your time and response.
        My current status on USCIS website case tracker is “Approved”.
        -I am not sure what exactly happened with my original petitioner and why my stamped visa got revoke.But OF-194 Refusal worksheet says “There is no Qualifying employment for the beneficiary”.My visa was revoked in a months time post successful stamping.

        Now my new employer was preparing to file my H1 transfer and in mean time I got 0F-194.I informed them immediately about this and now the employer says our attorney suggested us to wait till the old petition gets revoked and case gets closed by USCIS its only than they will file petition for transfer else it will be threat filling.They told they cant do much with my petition except to use it as cap-exempt.

        I have few questions here>>

        1. Is my new employer and their attorney correct in any way to suggest me to wait for petition revoke and than file transfer? or they are just fooling me around?.
        Might be they are hesitating getting involved in any case that has 221g history and OF-194 Issuance?.Or might be my case seems to be more complicated since I am currently In india and they dint want to file transfer until previous case gets revoked/withdrawn?.

        2. I requested my old petitioner to voluntarily revoke/withdraw my petition for 2 reasons.One is that anyhow my petition getting expired on 30th September 2016 and they will not file extension and another reason being post voluntary withdraw my new employer could file my H1 transfer asap.Am I doing right here?.My old petitioner agreed to withdraw and will start process in few days from now.Should I allow them to proceed and withdraw?.Will it have any bad impact on my transfer petition later.

        I am in dilemma and not able to decide who is right and who is wrong.Even I am not able to accept my new employers decision to wait for petition revoke;instead they should have filed transfer immediately in premium.Bit than I am not immigration expert and attorneys know better.

    2. administrator
      Saurabh

      Rajat Mathur,

      My responses are

      Nanda

      My h1 b approved on 11/20/2015 till 08/31/2018
      I am from India attended interview On 31 December In Oman ,because i am working in oman from India

      no slip given ,said send me mail if you want status check ,I797 original with me only

      below mail from embassy when checked the status
      ======================
      Dear Sir,
      Your case has been sent to USCIS with our findings. Should USCIS reaffirm the petition, they will forward it to Embassy Muscat for issuance. If USCIS concurs with our findings, the petition will be revoked.

      ===============

      Below Status Changed In Uscis website
      ============================
      Application Type: I129, PETITION FOR A NON-IMMIGRANT WORKER

      Your Case Status: Post Decision Activity

      On February 17, 2016, the Department of State sent us your case, for review. We are reviewing it, and will notify you by mail when we are done. Please follow any instructions in the notice.

  2. Pavan

    Hi Saurabh,

    I am Pavan and filed my H1B in 2014. My H1B got rejected by the consulate team with 221(g) form stating that,

    Your Petitioner does not appear to be either able or willing to provide Qualifying employment in United states in accordance with appropriate laws and regulations.

    As per my I-797 document, the approval period was given it as 08/10/2017

    It has crossed almost months of time. IN USCIS tracker, the receipt number is showing as Review status.

    I have few queries on this.

    1. Do we have any possibility to get the case to cleared and go for stamping? If yes, how much time will it take to get it completed?

    2. From Petitioner perspective, does it required to do any followup on this to get this done quickly?

    3. If we need to go with another employer, does this case can be considered as CAP-Exemption?

    Pleas kindly suggest me on this.

    Thanks,
    Pavan

    1. administrator
      Saurabh

      Pavan,

      1. Theoretically it is possible but chances of this happening vary from case to case.
      2. USCIS would contact them if they need any information. The petitioner will have to timely respond to it.
      3. Yes, it would be cap-exempt provided your petition hasn’t been revoked yet.

      1. Priya

        Hi Saurabh,

        My petition is revoked by USCIS after a 221g issued by Consulate.

        I am planning to go back on H4 and do a COS back to H1 through another Employer.

        1. Is it possible. Many attorneys says, petition will be cap exempt as long as I have a I797 copy with me.

        Please guide me.

        1. administrator
          Saurabh

          Priya,

          I am not so sure as USCIS has revoked the petition on the basis of consulate’s guidance, which implies that petition should never have been approved in first place. If your attorney is confident then go ahead.

  3. Supriya

    Hi,

    I came to India in Dec 2015 for my H1 stamping. VO asked few questions n took all my documents. He handed me a white slip n said he needs to review my case. After few months when I tried enquiring about my case, I got to know, my visa has been denied n petition is sent to USCIS for review on January 4, 2016. USCIS has still not received my petition and there is no change in my status(Petition still shows as Approved). Also I never received any denial mail from Consulate.

    Now I want to go back to US as my Spouse’s dependent (He is in US on a valid H1 visa)

    So my question is, what are my chances of getting H4 visa as my H1 is still under review. Can I expect H4 visa denial based on my previous denial.

    Please help me as its been 6 months n I am stuck in India without my family. I have below questions.

    1. After reading the posts in this trail, Do I really need to resign from my current company (US based company and I am on leave right now) before going for H4 interview?

    2. If my Employer is withdrawing my case or petition after I resign, will my petition still be valid/Cap exempt to reuse in future.

    3. Since I have not received any letter from consulate stating about my visa denial, what should I answer in DS160 about the question of previous Visa denial?

    4. What are the things I should take care while attending H4 interview.

    1. administrator
      Saurabh

      Supriya,

      H-4 stamping would not be impacted b/c from consulate’s perspective H-1 stamping has been refused and any pending adjudication is w/ USCIS and not consulate.

      1. You don’t need to resign from current employer. However, as you cannot work on H-4 you either need to take leave of absence or sabbatical etc. If not, then resignation would be the way to go. This has more to do w/ your employer than immigration rules.

      2. Yes, it can be used in future

      3. Visa denial question in DS form refers to visa stamping denial, which has already happened in your case. So the answer is Yes

      4. Usual stuff – spouse’s employment/employer details, your H-1 visa stamping denial reasons.

      1. Supriya

        Thanks Saurav for your quick response.

        I already have taken leave of absence from my employer. But what if the consulate will question about my intention to work after entering US.

        Also, though I got to know about my visa denial only when I raised a query to Customer care([email protected]), but I have neither received the visa denial mail nor there is any visa denial stamp on my passport. Also when i check Consulate CEAC site with my DS160 confirmation number, still it appears “Administrative Processing” not “Denied” and the date still appear as my Interview date(there is no update after that).Possible reason might be since the case I’d still with USCIS, so I am really confused and want to be sure what to put in DS160 while appearing for H4 interview. Please let me know if I should say Yes or No for the question about any previous denial.

        Please guide me.

        1. administrator
          Saurabh

          Supriya,

          Issuance of 221g is considered refusal and so the answer should be Yes in DS form. It doesn’t matter whether visa was eventually approved or denied after 221g.

          Also, it is a well traveled path for applicants to enter on H-4 and then move to H-1, F1 etc. So officer’s review of H-4 visa stamping would be based on your current H-4 and spouse’s H-1 documents and not what you can do in future. Besides, w/ H-4 EAD, one is eligible to work on H-4 even w/o applying for H-1. So that should take care of intent of working in US.

          1. Supriya

            Thanks Saurav for clarifying this.

            So you suggest not to resign. I already have a letter from my Employer stating, I will be on leave till the visa issues are resolved.

            I have another question.
            1. How much time does it take to to do the COS back to H1 in case I go back on H4.

            2. Can it be done in premium.

            3. Will there be any complications if my current employer do the COS(an US company) as the case is still pending with USCIS. Or you suggest to do a H1 transfer to another Employer. Which will be the safest way to avoid any complications.

          2. Supriya

            Thanks Saurav for clarifying this.

            So you suggest not to resign. I already have a letter from my Employer stating, I will be on leave till the visa issues are resolved.

            I have below questions.

            1. What reason to give for visa denial as I m still not aware of the reason.

            2. How much time does it take to to do the COS back to H1 in case I go back on H4.

            3. Can it be done in premium.

            4. Will there be any complications if my current employer do the COS(an US company) as the case is still pending with USCIS. Or you suggest to do a H1 transfer to another Employer. Which will be the safest way to avoid any complications.

          3. administrator
            Saurabh

            Supriya,

            May I suggest calling me Saurabh and not Saurav. I don’t know who the latter is.

            1. COS can take 2-4 months but actual times would depend upon the processing time at your processing center.

            2. When filed just as COS, there is no PP option available. However, if a new employer is filing cap-exempt H-1 (like H-1 transfer or H-1 extension) for you along w/ COS, then PP option is available.

            3. Either company can do it. Based upon the documents and information you have, you will have to determine who has a better chance.

          4. administrator
            Saurabh

            Supriya,

            Just mention as much details as you know. You can say that 221g was issued but you don’t know the reason. They would know the details in their own system.

          5. Supriya

            Thanks a lot Saurabh for quick response.

            What will happen to my undergoing H1 review in case I m quitting my Employer and going back on H4. Is there any way to withdraw the undergoing 221g review not my petition. Please let me know how to do it and who can do it.

          6. administrator
            Saurabh

            Supriya,

            You can write a letter to consulate telling that you are withdrawing your stamping request and they can close the 221g case. However, I am not sure what the downstream impact would be. They can send the petition back to USCIS for reconsideration or revocation. An attorney may be able to suggest more on this. Try posting this on avvo.com

          7. Priya

            Hi Saurabh,

            I hope you are doing fine.

            Recently, Getting Interview dates in US consulates in India are really difficult because of lack of staffs. Its taking around 75-90 days to get an interview date with any consulate in India. I need to apply for my H4 visa stamping.

            So I wanted to check with you if it is advisable to go to Singapore or Thailand for stamping and what are the pros & cons with that.

            Really appreciate your response.

          8. administrator
            Saurabh

            Priya,

            I have seen that option being discussed on the forum but don’t know of anyone who has actually tried that. You should email the US consulate in those countries and get their opinion on this.

            Pros: You will be able to get visa early
            Cons: Even though the consulate says you can appear, they issue 221g asking you to reappear in home country. This will cause waste of time and money.

  4. Priya

    Hi,

    I came to India in Dec 2015 for my H1 stamping. VO asked few questions n took all my documents. He handed me a white slip n said he needs to review my case. After few months when I tried enquiring about my case, I got to know, my visa has been denied n petition is sent to USCIS for review on January 4, 2016. USCIS has still not received my petition and there is no change in my status(Petition still shows as Approved). Also I never received any denial mail from Consulate.

    Now I want to go back to US as my Spouse’s dependent (He is in US on a valid H1 visa)

    So my question is, what are my chances of getting H4 visa as my H1 is still under review. Can I expect H4 visa denial based on my previous denial.

    Please help me as its been 6 months n I am stuck in India without my family.

  5. jaisree

    Hi Saurabh,
    My friend got H1b through Desi consultancy and started working. But desi consultant is not fair and not giving paystubs also. Now he got new offer with Kforce consulting firm and so he started H1B transfer with Kforce.
    1)Will his H1b transfer approves or will it get rejected as desi consultancy paystubs are not produced for transfer?
    2)if by the time, RFE my friend can produce Kforce consultancy payslips to answer RFE? if so, will H1 transfer will get approved?
    3) Any risk of H1B transfer denial and getting out of status and losing H1b as he already submitted resignation for desi consultancy?

  6. Sam

    Hi Saurabh,
    My h1b was approved in US…and I came to INDIA for stamping, and I have got one later from officer, and mention it “your application has been refused under section 221(g)…. ”
    And they mark” this office will contact you via email”
    Does it mean they will refused my stamping forever or they are reviewing my case..

    Please help me…
    Thanks

  7. joe

    Hi Saurabh,

    i am joe from nigeria, i work with a company in Nigeria with has it head office in usa and i was invited by our company in usa for our inaugural annual general meeting for the member of the board of the directors and shareholders. i am also a member of the board of director of our company being the ceo of the company in nigeria.
    also all the travel expenses will be paid by the our parent company in usa.
    applied for business usa visa and i was denied. the visa officer only looked at my invitation letter and and asked few question
    1, how long have u been working with this company?
    2.how much do u earn in a month?
    3.have you traveled outside the country before?
    what does your company produce?
    after these he gave me a visa refusal letter.
    please what do u think i did wrong and what do u think i should do cos i want to reply for same purpose.

  8. SFJR

    I attended the h1b intrvw in karachi n got 221g refusal doc, VO returned my passpt n said we need further admin processing n it will take time n once it is conpleted we will inform u & u have to come again for stamping… meanwhile VO asked many questions ie education, experince, client n it was abt 15 mins … VO kept client letters and i129 while returned all the documents… do I have any realistic chance now?

  9. Yasser

    Hi sautant
    I m Yasser from morocco i applied for à u s h1b visa
    And consulate has sent to me an approval letter but they said i must pay à refundable fee of 1550$ as sufficient garantee during my stay in us and i wil get them back once i arrived. In us and own myself bank account
    I dont know what to do

  10. sunny

    Hi Saurabh
    today i got a mail saying

    Dear sunny,

    Your document(s) have been collected from the US Embassy/Consulate

    The passport number being returned is xxxxxxxxx

    You have chosen to have your documents delivered to the following location:

    Bengaluru, Prestige Atrium 2nd Floor Unit No. 304, Bangalore, 560001

    If you have any issues or concerns, please contact us at www.ustraveldocs.com/in.

    does this mean my visa is rejected?

  11. Mansi

    Hi Saurabh,
    I was in US on L1 and my fresh H1B approved in Nov-2013 and I had to come back to India in Aug-2013. They rejected my H1B stamping under 221g saying my petitioner could not justify my job and role in US. Can you please suggest if other work around I can go after this. Can I go with this approved petition with another employer or I can go only with this Employer.

    Thanks
    Mansi

  12. mohd

    Hi sourabh,

    I have couple of questions, could you please clarify this january 2104 i have attended h1b interview in hyderabad i got a white slip visa officer asked me to submit client letter, when i approached my employer he is saying now the client is not CIO has changed now they not ready to give client letter, in this case how would i go further.
    one more question now my current emplyer xyz ready to process h1b visa if i go with this is there any problem with this or does my petition comes under lottory 2015 could you please clarify these things am very much tensed in a diloma to get info.

    if you provide your answers asap that would very very much appreciated

  13. James

    Hi Saurabh,

    My COS petition of h4-h1b (2014) has been denied after RFE. Even after repeatedly asking the reason the consultants who filed for my h1b is not ready to share the reason for denial or the refusal letter copy with me.

    Please advice
    1)My current employer plans to file L1 visa for me.
    Shouldnt I be knowing the reason for denial of previous petitions , to add in the details of petition in DS 160, and also for the Visa interview? (Now i’m back in India)

    2) Should i continue to insist the consultants who filed my h1b earlier to share with me the reason for denial for my future reference? Or is it a normal case that the consultants dont let us know the reason for denial. I dont want to get into bad terms with them as they were cordial in initial interactions and never charged me for my petition.

    Please guide.

    Thanking you

    1. administrator
      Saurabh

      James,
      When you say COS petition is denied, do you mean H-1 petition approved but COS denied, or H-1 petition + COS denied?

  14. Fayaz

    I have a question i am from Pakistan and reticently i went to karachi embassy for H1 but they took my all educational documents my petition and employer letter and they just said they going to call me back ……… when i check my status on website it shows administrative processing …………………. the attorney who filled the case inquire about my case and thats what they get in response

    At your request, we reviewed ************* visa record and found that a consular officer refused his visa application under section 221(g) of the INA for administrative processing. Unfortunately, we are unable to provide you with any guidance as to how long this process may take. However, you may be assured that every effort will be made to reach a conclusion as soon as possible. Mr. ********will be notified when further action on his case is possible.

    what next ? what best i can do in this case ?

  15. manjunath

    Hi All ,

    Can anyone please tell me the Process for applying H1B & expenses approx .
    I want to file it individually not through the company minimum requirements
    I do have got close to 4 yrs of experience in It industry .

    Regards
    Manjunath.

    1. xx

      You need an American Company to sponsor you in order to apply for H1B, those expenses (legal fees) are paid by the company (lawyer fees can be paid by you or them).

  16. alex

    Hi,

    I came to USA as a f1 student and after completing my master’s degree in computer science I did opt with one company. But since it was new company they couldn’t afford me for h1b. So I joined languagec school to study and maintain my statutes. But after 1. 5 years the same company agreed to hire me and sponsor me for h1b. Now I received approval for h1b but I can start my employment after October 1 st only. But I want to go back to my country before October 1 st and get h1b stamped in my passport. So my question is can US embassy deny me my visa to return back USA?? Or what kind of problem can I expect from them??? Also do I have to goto my country to get visa stamp or I can go to different country like Colombia as my girlfriend lives there and we have plan to marry and bring her to USA with me.

    Please help me with my problem. Thanks in advance.

    1. administrator
      Saurabh

      Alex,
      Yes, there is a possibility of visa denial during the interview. Chances of this happening varies from case to case. If your employer is a reputed one, and you have all the required documents then it should be fine.

      You should go to home country, or can go to CA, MX if you have done Masters in US (which you have). Note that if you go to any other country, you still hold chance of visa denial or visa refusal. So make sure to have back-up plans.

      1. alex

        Thank you very much for your prompt reply. Can you please let me know what can be my back up plan? Also I have lots of things here like car electronics etc. What happens to them if they reject my visa? Also a lawyer who did my paper for h1 told me that he will prepare my documents to go back to my country and he told me that there is very low chance of visa denial. He told me they can deny me visa only if I did something wrong here like felony or something like that. So is he true??

        1. administrator
          Saurabh

          Alex,
          Visa rejections are related to one or more of the following:
          – your profile -> You seem covered here as you have done Masters in US and have been maintaining legal status since then. They can also do background verification in certain scenarios like common muslim name, TAL etc.
          – employer profile -> If its a big reputed employer, then it should be fine. You can check if other employees went for stamping recently, then get a feel from their experiences
          – job profile -> If you are in consulting, then they can ask for client/project details and do background check. If you are in a product based company, then you are much safer here

          As a back-up plan, you can give your apartment keys etc to a friend who can take care of it while you are out. If the visa is denied and it takes long, then you can either continue to wait in CA/MX or withdraw the case and re-appear in your home country. This helps in saving money as in CA/MX you may be waiting in a hotel while in home country, you can stay w/ family/friends.

  17. Shal

    Hi Saurabh,

    I have received a 221g and then my client couldn’t wait anymore after 2 months and they released me from the project and since my contract ended, my visa was denied. Initially it was approved till April 2014 before i attended the stamping interview. Mt employer is looking for another project for me. Will i be able to file an amendment once i get a project or do i have to file under the new quota? Please advise.

    1. administrator
      Saurabh

      Shal,
      Once they have the new client, they can file for new LCA followed by H-1 amendment. Once all this approved, you can appear for another stamping. The amendment is not subject to cap/quota.

        1. administrator
          Saurabh

          Shal,
          You haven’t received H-1 in the past, right? So you should always go to your home country unless you have done Masters in US. Was 221g issued in India?

        2. Shal

          Hi Saurabh
          I was on my H1 when i came to India and received a 221g. It was my 1st time stamping which got denied as my contact with the client ended during the process.

          1. administrator
            Saurabh

            Shal,
            Under normal scenario, you could have gone to CA. However, you already have 221g pending. Even if you withdraw your 221g case, and appear for stamping in CA, they may still issue 221g for same/similar reasons. Talk to your attorney about the risk involved.

  18. Nora

    Hi
    I’m Iraqi women, my sister sent me an invitation to visit her in Chicago
    I went to the interview at the American embassy in Baghdad , the refused to give me visa because I have Turkish resident for 1 year,
    My question is When can I apply again ? Since I applied on feb
    Some people say 3 months , some others 6 months , I’m really. Confused
    I will be grateful if u could tell me when
    Best regards

    1. administrator
      Saurabh

      Nora,
      There is no minimum wait time. However, irrespective of when you appear for stamping again, I don’t think the underlying reason for rejection will change. You should appear for stamping only when you have addressed the concerns or rejection reasons raised in the original decision.

  19. Keshi

    Hi,

    I got 221g form recently and my employer not able to provide the documents that consulate requested for. I got a another company ready to do H1 transfer from india. The problem is my current employer have contract to server for certian period with me and i have pay some amount if i break the contract, please let me know if there will be any issue if i break the contract as my employer was not able to support with the document requested in 221g

    1. administrator
      Saurabh

      Keshi,
      You should get the contract reviewed by a labor attorney to know the consequences. It is employer’s will whether to support your H-1 stamping or not.

  20. Suda

    Hi

    I got struck in India because of 221g issue on my h1 visa , is it possible to travel to US by applying h4 visa when my 221g is pending . If I travel with h4 visa what will happen to my h1 visa which is under process due to 221g issue. Please provide me some idea how to proceed I got separated from my family.

    1. administrator
      Saurabh

      Suda,
      If you already have H-4 visa stamped, then you can travel to US on that visa. Later you can file COS from H-4 to H-1 through an employer. Your H-1 under 221g will continue to be processed, but if this COS gets approved then you can start working for the employer on the basis of COS.

      1. suda

        Saurabh,

        Thank you for your responce. I yet to apply for h4 visa please let me know if my current issue of 221g for h 1 visa will affect if i apply for h4 visa

        1. administrator
          Saurabh

          Suda,
          Two things can happen – either they will approve H-4, or they will put H-4 under 221g pending H-1’s 221g. I have seen instances of both happening, but it is worth the risk.

          1. suda

            Hi Saurabh,

            Thank you for your responce. If i travel to US with h4 visa change my COS to
            H1 do i have to travel back to india for stamping.

          2. administrator
            Saurabh

            Suda,
            If COS gets approved, then you can start working on H-1 from COS approval date. There is no need to immediately go for stamping. However, next time you travel outside US, you will have to get H-1 visa stamped before returning to US.

          3. Minal Joshi

            Hi Suda,
            Currently I am on the same situation as yours. Did you apply for H4 visa? Please please let me know how it went.

          4. Priya

            Hi,

            I came to India in Dec 2015 for my H1 stamping. VO asked few questions n took all my documents. He handed me a white slip n said he needs to review my case. After few months when I tried enquiring about my case, I got to know, my visa has been denied n petition is sent to USCIS for review on January 4, 2016. USCIS has still not received my petition and there is no change in my status(Petition still shows as Approved). Also I never received any denial mail from Consulate.

            Now I want to go back to US as my Spouse’s dependent (He is in US on a valid H1 visa)

            So my question is, what are my chances of getting H4 visa as my H1 is still under review. Can I expect H4 visa denial based on my previous denial.

            Please help me as its been 6 months n I am stuck in India without my family.

  21. Susan

    Hi Saurabh ,

    Thank you for your response. Intially i got 221(g) asking for bellow
    1.Client document
    2.PO contract between the vendors

    I have submitted the documents and later a week they gave me a new 221(g) asking for project letter. But since it was getting delayed my client released me from the project. I got a internall project with employer and they are asking to submit the project letter of the new project for the 221(g) query requesting for the new project. Please let me know if this is sufficient for the 221(g) requested for project letter

    1. administrator
      Saurabh

      Susan,
      If this is the best you can do, then go for it. There is a possibility that they will reject the stamp or issue another 221g as the work arrangement has changed from client project to internal project. They may you to file H-1 amendment before proceeding w/ your 221g processing.

  22. sudakaran

    Hi ,

    I appreciate your help. I got a 221(g) slip from from chennai consulate, we submitted the documents to the consulate and they gave me additional 221(G) for asking for some more document unfortunately i got released from the project and my employer is ready to submit documents with new project since i got released from the old project. Please let me know during the process of applying for the new project , do we have to submit the document for the new project for 221(g) or we have to fill a new h1b under cap exception.

    1. administrator
      Saurabh

      Sudakaran,
      They should file LCA for the new client/location. Once processed, they should file for H-1 amendment. Once approved, you can submit that H-1 amendment, new client documents and a letter explaining the situation to the consulate. H-1 amendment is exempted from the cap.

  23. Apurva

    Hi all,

    My H1B visa (fresh application) was filed in Feb 2012 and I received RFE in July 2012. After submitting all possible documents, I got decision as Denial. I am yet to receive the notice. What could be the possible reasons for denial ? Does MTR help ??

    Please reply. Thanks in advance.
    Apurva.

    1. administrator
      Saurabh

      Apurva,
      How was it applied in Feb 2012 when the quota was still not open?

      Anyways, if your employer believes that denial was incorrect they can file for MTR, which can take several months to resolve. At times, it is much quicker to apply in next year’s cap.

  24. kumar

    I attended for h1 visa, they have returned my passport and has written “#g” in red colour at the last page of my passport, what does it mean, can I apply for h1 visa again. Thanks in advance.

  25. hardik mehta

    Hi Saurabh,
    Thanks for all the nice work you do. I would like to get an info. I went to USA on student visa then I converted to H1B. When I came back to India for stamping I had an old client on my H1B petition. So my employer filed H1B amendment for me with new client and I got approval. I submitted all these documents(new H1b petition,client letter and contract between middle vendor and my employer) what US consulate needs after issuing 221(g) to me. I have myemployer-middlevendor-client in my consulting job. After submitting documents they replied me back that my documents are going to sent USCIS in USA for verification purpose but when I check status of my H1B online today it says “Refused”. Now what this refusal means? Wether they cancelled it or they denied it or what? One of My employer is ready to transfer my visa also. so should I transfer it without waiting for result of my case or not?

    Thanks for reply
    Hardik

    1. administrator
      Saurabh

      Hardik,
      221g means visa refusal. It means they refused to issue visa to you as it requires additional processing. It doesn’t mean denial.

  26. VHS

    Hi Saurabh,

    I had my H1b interview through BEP quota. I got a white 221G asking me for transcripts and USCIS documents for a US MS degree. I started and discontinued that MS, and dont have any of those I-20s with me, all I have is original transcript and F1 admission I-20. I dont have the CPT I-20 on which I worked briefly. I have scanned soft copies. I am planning to give them the copies of all the transcripts and I-20. What are my options if they ask me for original documents? Is there any chance I will be called in for another interview where they ask for the originals, because I will definitely get screwed not having all the originals. I am really scared.

    My company will be furious with any delay on my part, and I was not prepared for questions on the previous incomplete MS, and also this issue was not covered with my employer as I thought it is unimportant and in the past.

    Please help me out here.

    Thanks!

    1. administrator
      Saurabh

      VHS,
      I can’t say w/ surety if scanned copies w/ill be accepted or not. I would suggest talking to an attorney about it.

  27. Mallik

    Hi Saurabh,
    My H1B visa petition was under RFE and I submitted the supporting documents. BUt the difference is petition was filed under one project and supporting document was submitted under different project as I moved to new project by the time I got RFE. But now I got Denail Notice for my petition.
    “We mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER. The notice explains why the denial decision was made and the options that may be available to you.”
    Please let me knw where this petition can be reconsidered or it got completely closed ???
    Thanks,
    Mallik

    1. administrator
      Saurabh

      Mallik,
      Your employer can file MTR or an appeal if they believe that petition was denied on wrong reasons. The other option is to file another petition (as the quota is still open) through same or different employer.

  28. sv

    Hi Saurabh,
    Please advice…..after finishing my MBA from US in 2009, moved to India & am working as a full time employee here. I’ve approved H1B petition dated 2009 sponsored by consulting firm in US and now i want to go for stamping and work there

    1. please advice if its k to go for stamping after holding approval since 2009 and working here all this while
    2. i have an offer letter from my employer, no paystubb as i never worked in US
    3.what can i say if VO ask me why i didn’t work in US even after having approved petition
    4. do i have to resign from my present comp in India before going for stamping
    5.do i have to carry employment related doc, paystubb from my comp in India

    please help with valuable advice in this case
    Appreciate your help
    SV

    1. administrator
      Saurabh

      SV,
      1. You can go for stamping if the H-1 employer is still willing to hire you.
      2. It is ok not to have payslips from US in this case. You will need a recent offer letter and other supporting documents like client/project details, MSA, SOW etc. You also need copy of LCA and I-129. If your project/client/location has changed then the employer should file new LCA and H-1 amendment
      3. You can state personal reasons
      4. No
      5. Not necessary, but good to have

        1. sv

          Hi Saurabh,

          How r u, please advice? my H1B petition is gonna expire on 09/23/12, planning to go for stamping this week so if all is gud and i get a Visa then it’s going to be valid for 3 yrs or till petition expiry date – 09/23/12? this is my first H1B stamping

          Appreciate your help
          SV

  29. swap

    Hi Saurabh,

    I am planning to file h1b as IT consultant… MY case is Client — prime vendor –midlle vendor–employer…. as my prime vendor is performing work for end client……… I got letter from them which says end client and prime vendor is not my employer and both(client and prime vendor ) signed on a single letter.but now i dont have letter from middle vendor …… will that be ok? is there any chances of getting RFE ?

  30. krishna

    Hi Saurabh,

    Hope your doing fine!!

    My currently employer is sponsoring H1B for me now. Want to know whether I can travel to US on B1 during this processing time, where i am currently holding B1 visa.
    Is there any chances of rejection of H1 visa, since this will be my second travel to US on B1.

    Thanks In Advance

    1. administrator
      Saurabh

      Krishna,
      You can travel to US on B-1 visa while your H-1 is under process. Make sure you do not overstay and leave US timely.

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