H1B visa stamping 221g tips India 2011

6 Tips from 221(g) Query -Chennai – H1B visa Stamping Experience 2011 – Extension

In Apply H1B Visa by Kumar379 Comments

As I previously shared about my frustrations of filling DS-160 form for H1B visa stamping and how to avoid them…I would like continue to  share some of my insights from my H1B visa stamping experience, including the visa interview.

Background :

I was going for H1B visa renewal stamping (5th year on H1B visa).  My H1B extension was filed for internal project…I have moved to our different development center in January of 2011 and had a new LCA for that location. It was a sunny day, my visa interview was scheduled in Morning.

H1B visa stamping Interview 2011 – Chennai, India :

I was directed by  an old guy to stand in a line for visa interview…I stood in the line observing and listening to answers given my others in adjacent line… The  Visa Officer (VO) lady, white lady in late 20s,  in next line was asking a H1B visa stamping guy, why do they need you there ?   Can you work from Home ? .NET is a very common one, they can find someone there ? , etc…. Anyways, my turn came and I went to the visa counter Here is how my visa interview went : my VO was an African-American Lady in early 30s or late 20s
Me : Hi ! How are you doing ?
VO : No response. ( was surprised by her response, Americans in general are very friendly and greet you back or they greet you first…)
Me : How as your day ?  Smiling …
VO :No response…(she gave no reaction and looked at me like what the hell dude? I realized that she does not want to talk to me, may be she does not like me….may be she is going to create trouble )
VO : So, why did you change your school from XXX to XXX ?
Me : Well, because I got scholarship and also it is a better school. ( I thought to myself, why the heck is she asking about stuff from 2004, which has nothing to do with my H1B visa ?)
VO :  Can I look at LCA ?
Me : Showed the same Old one and New one.
VO : Can I have a look at I-129 filed by your employer ?
Me : Grabbed it and showed it to her…
VO : Can I have a look at the Original letter to USCIS for H1B extension ?
Me :  I was looking at the pile of papers and could not find it right away. I said I need some time, I will look for it…I said, I came to India on emergency and do not have everything organized…
VO : Sir, you can sit and look and come back when you find it.(showing signs of irritation)
Me : Thanks
I went to the seating area and looked for the letter and took it to her.
VO : Do you have I-140 approval  ?  ( I-140 is related to Green card process)
Me : No. ( I am with current company for around 4 years )
VO : So, Who do you work with ?
Me : I work with few of our clients like XX, XX, XX ( in fact, that’s my role, we work with our prospective clients on XXXX technology )

VO : W2s , Pay stubs ?
Me : Gave them, she looked at them..
VO : Do you have any letters from clients ?
Me : Well, I do have presentations we give to our clients… I told her I came to India on family emergency   XXXX and did not get a chance to get much papers
VO : She did not even care to listen to my words, said Thanks in a very irritating tone…(indicating, stop talking and go )  and gave me a blue form 221(g) by scribbling some number on it checking few boxes asking for  information :

  • Copy of H1B petition submitted to USCIS
  • H1B I-797 Approval letter
  • DS -160 Confirmation Page
  • Labor Condition Application
  • Client letters on their letter head
  • Contract letters with clients
  • Employment agreement with Employer and Employee
  • Detail description of Internal Project

Me : I said Thank you ! and left.

At my first instincts, I realized, she was not interested in giving me Visa….was trying to find a hole to give query…she found one i.e. client letter… Based on my visa interview and questions asked to others in next line, here are my insights and tips

6 Tips from H1B visa experience – 221(g) Query :

  1. Study what your original H1B was filed for and make sure you have supporting documentation for that submitted petition to USCIS . If you have changed location, then you need to make sure the new role is updated with  new LCA.
  2. Make sure you read the letter that your company submitted to USCIS and what they have mentioned about you in that. You have to be prepared on what they portrayed you and have supporting evidence to prove that you have skills and expertise.
  3. If you have stayed with a company for some time( over 2 years), then it is a good idea to start Labor and Green Card process and take it to I-140 level at least.  Also carry the same form to stamping.  I think, the logic from VO side can be like : “ This person has been with company so long, but have not filed for Green card..is there a real job role for him in America or with the company ? are they just manipulating visas ? ” … In general, companies file for Green card, if they have not found someone with your skills for a permanent position after a year or so…
  4. Client letters are critical. You need to carry client letters. It has to be on Letter head from the client. If you work with prospective clients, make sure you carry some kind of letter from them stating that you are working with them.
  5. Be prepared for questions that might not be related to your H1B visa at all and might throw you off like “ Why did you study in so and so school, why did you work in so and so…” Do NOT panic and try to answer them to your best…..
  6. Be specific in your answers like “I work with this particular client”…rather than saying – “clients like so and so”…the second one is ambiguous and can create sense of doubt in VO. It is not just this, but any question you answer, be specific.

Any similar experiences related to H1B visa 221(g) ? Any tips to share ?

Image credit : http://www.flickr.com/photos/anneh632/5262162215/sizes/m/

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Comments ( 379 )

  1. Pavan

    Hi Everyone,

    I had attended my First H1B interview on 10-July-2017 .
    And officer given 221g blue slip, kept my visa with him and not verified any of my documents.
    Guys please suggest how many days it took to complete this process.
    Because i have to travel within 3 weeks for client work(1 week already finished in waiting).
    Please suggest me any other possible solution , I don’t want to loose this opportunity.

    Thanks,
    Pavan.

      1. Pavan K Chinta

        I had my interview on 10th August, 2017 and have been waiting for a response ever since. VO asked general questions about my education and work and then, gave me a letter. I think I got it because I had worked in the US previously with a few different companies.

        Are you in the same situation?

    1. Rohit Gulati

      Hi Pavan/Saurabh

      I attended Visa interview on 10th Aug 2017 at Delhi consulate. The VO asked me basic questions and saw my documents. Since I am travelling for a different location from the one that is approved, hence they gave me 221g letter asking for LCA, Letter from end client, support petition, etc. I emailed to them on the next day other documents except LCA(since I did not have those documents at that time). Now after getting LCA, I have resubmitted all the documents on 18th September. My questions are:

      1. How much time it would take for my visa to get granted as they have not kept my passport also.

      2. Will I receive the mail from USCIS for submission of passport of my company can receive that also, since they are the ones who filed the petition and booked visa appointment.

      Requesting your help in this regard.

      Thanks in advance

    2. Rohit Gulati

      Hi Pavan/Saurabh

      I attended Visa interview on 10th Aug 2017 at Delhi consulate. The VO asked me basic questions and saw my documents. Since I am travelling for a different location from the one that is approved, hence they gave me 221g letter asking for LCA, Letter from end client, support petition, etc. I emailed to them on the next day other documents except LCA(since I did not have those documents at that time). Now after getting LCA, I have resubmitted all the documents on 18th September. My questions are:

      1. How much time it would take for my visa to get granted as they have not kept my passport also.

      2. Will I receive the mail from USCIS for submission of passport or my company can receive that also, since they are the ones who filed the petition and booked visa appointment.

      Requesting your help in this regard.

      Thanks in advance

  2. abhishek nag

    Saurabh could you let me know how to find H1 B sponsors ? My H1B 2017 petition got approved. My employer is delaying stamping saying that there is no opportunity currently.

    1. FooBar

      Hey,

      I don’t know if it’s late now (you are in better position, hopefully).

      Once your petition is approved you don’t need an h1b sponsored again, you just need to find an employer who is willing to transfer your LCA for some other client.

      Generally most of the corporate companies will be willing to do that.
      But for this process to happen you need to have the original copy of approved i797 form, LCA details then only it can be transfered.

      Good Luck 👍

  3. Naresh

    Hi Saurabh,

    I had attended H1B stamping with my spouse and kid at Chennai on August 19th 2016 and got 221g white form. After one month on September 22nd, received all my documents courier along with 221g form to submit documents related to my employment. I had emailed all requested documents . Again received an email with 221g on October,10th to submit documents related to employer like tax, notarized list of employees. My employer had emailed all documents on November 11th ,2016.My employer informed me that some one from USCIS called office on April 13th,2017 and collected details about office address and office space.

    Later, I didnt get any update from USCIS and status is still showing as “Administrative Processing” with status updated date as September 22,2016.

    My petition is going to expire in September, 2017. So, should I ask my employer to extend petition? Or should I just wait til I get response from USCIS? If petition gets extended and 221g approved, whether visa gets stamped with new petition date or old date only?

    Could you please clarify what are the next steps here for me as it has been already around 9 months long waiting.

    Thanks,
    Naresh

    1. administrator
      Saurabh

      Naresh,

      I would suggest getting an extended petition. If the current visa stamp gets approved, use new petition and old visa stamp to enter US. If the current visa stamp gets approved and then expires, then go for another stamping using the new petition. If the current visa stamp is denied, then reappear for stamping using the new petition.

      1. Naresh

        Thanks Saurabh for prompt response!

        I would like to clarify one more question. Actually I got stamped H1 visa in 2008 and petition got expired in 2011 (I couldn’t travel on this visa though). Later in 2014 another company filed petition with CAP exemption and petition got approved in 2014 November after one RFE. Due to some personal reasons and other employer reasons , I got to attend visa stamping in August 2016 and got 221g which is still under “Administrative Processing”. Now, my question is can employer file petition extension under CAP exemption for second time? Please clarify.

        Thanks,
        Naresh

  4. James

    I went for H1B stamping on 20th Mar’17 and consular issued 221G white slip(Administrative processing ). Consular asked me few questions and I answered everything very well. But our client website was down for some maintenance issue when consular checked and I was issued 221G white slip.

    What would be the next step on this?

    Will they go to client and check again?

    Can I transfer my VISA to other company now though it’s still in administrative processing ?

    Will I fall into H1B cap exemption quota now or I should go through lottery process again if I file H1B again?

    Because when I checked with some other employer, they said that I will not fall into cap exemption and I should go though lottery process again.

  5. Ram

    On January 17, 2017, we denied your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number EAC16XXXXXXX5. We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice. If you do not receive your denial notice by February 1, 2017, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.

  6. Logan

    I had F1 visa and did my MS in USA, from last 1.5 years I was working in USA as a full time employee with a US based company and they filed my H1b visa.
    I have visited India while on F1 and OPT a few times, this is the first time I have visited on H1b visa and attended interview at Chennai, interview went well but VO gave me Blue slip and status as “under administrative processing”.
    I am really worried, VO told me they cannot guarantee time frame for this process and it might take long. I have to be in office soon; I am afraid to lose my job if takes long.
    Please help me with any information and how long does this process usually takes.
    If anybody are in similar situation like me pls do reply.

  7. Ram

    Hi Sourabh,

    I have attended visa interview on 1st December 2015 and I have got 221g Yellow slip to submit some documentation from employer.
    Employer given some documents but still USCIS were not happy and asked for more information in detail. Till now there is no response from my employer. Could you please advise below.

    1) Is my application will be invalid after 30th November ?
    2) Can I transfer to another employer with cap exemption ?

    Thanks
    Ram

      1. James

        Hi Saurabh,

        I went for H1B stamping on 20th Mar’17 and consular issued 221G white slip(Administrative processing ). Consular asked me few questions and I answered everything very well. But our client website was down for some maintenance issue when consular checked and I was issued 221G white slip.

        What would be the next step on this?

        Will they go to client and check again?

        Can I transfer my VISA to other company now though it’s still in administrative processing ?

        Will I fall into H1B cap exemption quota now or I should go through lottery process again if I file H1B again?

        Because when I checked with some other employer, they said that I will not fall into cap exemption and I should go though lottery process again and I cannot transfer my VISA too as it’s in administrative processing.

        1. administrator
          Saurabh

          James,

          While you are in administrative processing, another employer can still apply a cap-exempt petition for you. Once approved, you will have to go for stamping and then travel to US.

          Did the consulate ask for any documents in 221g form? If not, most likely they would check w/ the client before adjudicating the petition.

          1. James

            Hi Saurabh,

            Thank you so much for your reply.

            They did not ask me for any documents. Consular collected my LCA, client letter and contract details documents from me during interview and she said they don’t need any other documents.

            Are you sure that another employer can still apply a cap-exempt petition for me when the case is in administrative processing?

            Because I checked with other employer and they said I cannot file cap-exempt petition when the case is in administrative processing.

            What if USCIS rejected my petition for some reason and revoked my petition? If have chance I still can apply cap-exempt petition if they rejected my petition?

          2. administrator
            Saurabh

            James,

            Not all employers would be willing to file a cap-exempt petition for you. So keep looking.

            If the visa stamp is eventually denied, then they would send the petition back to USCIS for reconsideration. At that point USCIS may either reinstate the petition or revoke it. If revoked, then that petition cannot be used as a basis for a future cap-exempt petition.

      2. abhishek nag

        Saurabh could you let me know how to find H1 B sponsors ? My H1B 2017 petition got approved. My employer is delaying stamping saying that there is no opportunity currently.

        1. abhishek nag

          Saurabh could you let me know how to find H1 B sponsors ? My H1B 2017 petition got approved. My employer is delaying stamping saying that there is no opportunity currently.

        2. James

          Hi Saurabh,

          Hope you’re doing great.

          My VISA is denied during stamping but I have approved petition with me valid till Nov 2018. It’s been 50 days since consulate sent a denial notice to me but USCIS did not revoke my petition yet and status is still showing it’s approved but on the consulate website it’s still showing “Administrative processing”.

          1. Usually how many days it will take for USCIS to take decision on case whether REVOKE or REINSTATE after consulate denied the VISA. Because it’s been 50 days since it’s denied and on USCIS website my case is still approved so should I assume that USCIS did not revoke my case?

          2. Can I get it transferred to other company now with the H1B approval copy though consulate denied my VISA?
          Because other MNC company in India wants to get it transferred to their company?

          3. Should that company apply a cap exemption petition again or they can transfer it ?

          4. What is the difference between filing a cap exemption petition again and transfer it to other company? Will there be any fee difference between them?

          5. How much it would cost for a company if they file cap exemption petition or a transfer?

          Regards,
          James

  8. Bayou

    Interviewed at Chennai for H1B on Sep30, 2016.
    The employer is a pretty reputed startup in Bay area. I have worked with them in their India office before. This is a direct offer to work with them at their Santa Clara office. I have 11+ years experience and a Masters from US.
    Went for stamping with my family.

    Heres my experience:

    Initially there were some basic questions on the location of Employer_XYZ, salary, designation and work. The visa officer seemed fine with the information I gave. He then asked for all details about Employer_XYZ. These are the documents that I gave him:
    1. I797 (both pages)
    2. I129
    3. LCA
    4. Employer_XYZ letter to USCIS
    5. Employer_XYZ offer letter
    6. Employer_XYZ benefits document
    7. Email from Employer_XYZ with the offer

    He asked us to wait and handed the documents over to their back-office team.
    About 30mins later an Indian lady, presumably from the back office, talked to me and I walked her through each of the 5 bullet points mentioned in the letter to USCIS that detail the job responsibilities. Also mentioned that I am very familiar with the company and team since I worked with Employer_XYZ at the Bangalore location before. She asked me about Employer_XYZ clients, I mentioned that I do not know the exact clients but typically such products are used by companies like Cisco, Juniper, Google etc. I explained what the product was but I guess she didnt understand much.
    The third meeting was again with the visa officer and he said that they needed more details on the clients/customers, project(s) that I will be working on and that there is a �vacancy� at Employer_XYZ for me and also that the requirement was sustainable for the next 3 years. I handed him my detailed resume and highlighted the time spent with Employer_XYZ earlier. He was pretty accommodating and disappeared for a few mins to discuss this with their back office staff. When he came back, he mentioned that they still need more details and handed me a blue 221g form with two boxes checked:
    1. A letter from the personnel dept. at the U.S. end client company (the job site where you will actually work) stating there is a vacancy for you.
    2. A detailed description of the project to which you will be assigned, include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final
    product

    This is a product company so the above are really irrelevant.

    I think the back office people wanted the details in a format that they are trained to look at:
    1. Name of current client(s)/customers. They seem to be very keen on this information
    2. Project details
    3. Working at client site or company site
    4. Letter from client
    5. Duration of the project

    Sent a scanned copy of the 221g to the attorneys and they are putting a response together.

    Anybody with a similar experience….? What are the chances of getting the visa…?

    Thanks,
    Bayou

    1. Tang

      Hi – I got somewhat similar situation only in this case I have been working with the employer for last 2 years. After taking some time with backoffice, he came back and said the petition didn’t open and handed me a 221g to share the petition and client details.
      “A detailed description of the project to which you will be assigned, include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product

      As I am also working with a product company where projects are not relevant, i am not sure how to respond to this one. My petition only has generic letter explaining the overall roles and responsibilities
      Any guidance or attorney information would be helpful.

      1. Tang

        Guys – Update – Thought of sharing with all of you that I finally got visa stamped after an agonizing wait for over 2.5 months. I was asked to submit passport at the local dropbox and it came back stamped.

        1. vivek

          Can you tell us in what form you got the response from embassy.
          was an email or did u see some online status, Please give us details

      2. Madhu

        Hey can u suggest me some thing about market analysis and what did u submit…. I am in the same boat and not sure about market analysis… will the employer give it to us.

        1. Tang

          Actually, I didn’t had to share anything on the marketing analysis. It depends on how your petition got filed. In my case, since I was in a product company (and not outsourcing company), I only had to submit a manager and immigration letter detailing my role. If you are in an latter, I would think project details should suffice. If they really require marketing details, they would get back to you with another 221(g)

  9. Ram

    Hi,
    My wife has submitted her H1B documents to the drop box center on august 2nd. Today when she got her passport the visa is not stamped but the package does not have any other forms in it. But my son who is a dependent H4 of my wife had a blue 221g asking us to submit the documents once the primary applicant’s visa is approved. Did anyone faced a similar issue?

    1. administrator
      Saurabh

      Ram,

      That’s strange. You guys should contact US travel docs support team and ask them about it. Maybe wife’s H-1 is under administrative processing even though no letter was enclosed.

    2. Frieda

      Hi,
      My family and I went to the consulate in August 30 for our interview. At the interview, they asked for all the document such as client letter and we have it to consular. However, they still have us a blue case slip and have our passports back. I was wondering if there is a certain reason that they would scrutinize our visa. Also we have been in the us for 8 yrs.

  10. vasu

    Hi,
    This is the fist time i have applied for H1B and got selected and approved. I have attended the interview on Dec-2015 and VO had provided me the 221(g) white slip to provide the supporting documents with in a year.(on or before Dec-2016).

    My employer has not yet submitted the documents and unfortunately on June-2016 itself, USICS revoked my case.
    I am still in India and never traveled to US.
    is there still chance for me to go for H1B Transfer with other employer?

    Thanks,
    Vasu

    1. Ron

      @Vasu,

      It really depends whether the case was revoked by USCIS on it’s own (the petition becomes invalid then) or was it withdrawn by your employer. Can you write your case history (Received -> Approval etc) after logging into the USCIS website here? It will tell us if your employer asked for the case to be revoked rather than responding to the 221.

      1. vasu

        Hi Ron,
        Below the message displayed on USICS site
        “On June 24, 2016, we revoked the approval of your case, Receipt Number XXXX, and mailed you a revocation notice. It explains the reasons for our action. Please follow the instructions in the notice and submit any requested materials. ”

        My case status changed Ápproved’to ‘Revocation notice sent’
        Please let me know if any further information required.

        Thanks,
        Vasu

        1. vasu

          @Ron,
          unfortunately i don’t have USICS login credentials. My Employer might have.
          I couldn’t able to post exact case tracking information. sorry for that.

          Thanks,
          Vasu

    2. administrator
      Saurabh

      Vasu,

      Looks like USCIS revoked the petition based upon input from the consulate. In such a case, it may not be possible to file cap-exempt petition. Still if you are able to find an employer whose attorney wants to take that chance, then go for it.

      1. vasu

        Hi Saurabh,
        I have proceeded through another employer (even though my case was revoked earlier). Luckly case was approved. Waiting for docs to attend for VISA interview. Lets see how it goes..

        Thanks,
        Vasu

        1. administrator
          Saurabh

          Vasu,

          That’s good news and a good data point to share w/ others in similar scenario like yours. Good luck with the stamping.

          1. Ramu

            Hi Saurabh,

            The case explained by Mr. Vasu is exactly matching with my case(1st time I got 221(g) and now I am attending by H1-Transfer) . Now I am going to fill the DS-160 to schedule the interview. In DS-160, do I need to fill as YES or No for the question “Have you ever been refused a U.S. Visa, or been refused admission to the United States, or withdrawn your application for admission at the port of entry?”. If yes, what is the explanation exactly. Thanks in advance.

          2. Jesus++

            Hi Vasu,

            You got stamping on your passport? please let me know.
            I am also in same situation received a 221g , so i have applied H1-B transfer i was issued an RFE for additional docs.

            What is your experience on 2nd time stamping with the new company.

  11. Qurram

    Hi,
    I had been to US between oct 2013 till Apr2014. i came back and was working an Indian firm .My H1B got expired on 31st Mar 2015.Recently a US employer transferred my visa and I was scheduled an appointment with Chennai consulate on 12th May.The VO asked for number of employees working for the employer.I casually said 1500 then he showed me LCA where it was written as 33 US employees.Then I told that a lot of employees are also working in India as well.Then he asked for my client letter which I gave to him( a printout).He kept the cient letter and gave me 221(g) blue slip and told that you dont have to take an appointment again and come for interview.You just need to drop your passport after the notification. I asked him how much time will it take for administrative processing ,he told that it depends on your employer.I am worried what is the reason for 221(g)? as he just marked as additional processing is required before final decision. And how long it will take to clear this process?..what would be the most probable outcome?.?one more thing the case number written on blue slip is just 11 digits but on ceac website it is 14 digits. Hence whenever I entered this number it always shows invalid.Please suggest me in this regard.

    1. administrator
      Saurabh

      Qurram,

      Maybe it is due to client verification (as they collected client letter). Stay in touch w/ employer and client about potential query from US government about the verification.

      Do you have a common Muslim name?

        1. Arunkumar

          Dear Qurram,
          I am also facing a similar situation like yours and would like to know the timeline and status change for your application ?

          What is the current status of your application?
          you have mentioned status changed in your comment .. can you pls tell what is the status change ?

          My Case:
          I submitted my docs in dropbox on 24-Oct for H1B . Got 221g on 28-Oct.
          They have asked for the client letter and full technical describtion of my project and asked to apprea in person for an interview.

          On Nov-3 I attended the interview. They asked company tax return, MSA agreement, my payslips , W2 along with client letter and project technical description.

          After waiting for a long time I was given 221g again stating they need more time to process the documents I gave them.

          Thank you
          Arun

      1. vivek

        Can you tell us in what form you got the response from embassy.
        was it an email or did u see some online status, Please give us details

  12. 221g

    Hi Saurabh/Kumar,

    i attended the h1b stamping interview at Chennai consulate. VO asked few questions and i answered. He was not t all happy with the employer and client documents and was saying this all document is not genuine and i paid for it. I denied. He asked who would be paying for your travel. I answered, I will be paying for the travel and then my employer will reimburse. And thats it, he gave a blue 221g, with a case number on it and your application requires additional admin processing…” checked. He collected the original 797b and other documents and said your employer will get the request in few months.

    Do you see any positive hopes of passport request or re-interview request?

    Alternatively, can i attend interviews based on approved 797b(i’ve only photocopy now) and try to get a new petition applied by another employer? Is it allowed in this situation?

    Or, any other thing you would suggest? Kindly help.

    1. administrator
      Saurabh

      221g,

      Do you know if other employees attended interview recently and what their outcome was? They are cracking down on the slightest hint of H-1B fees payment. So it may be tough to get approval in your case.

      You can approach another employer and have them file cap-exempt petition for you (aka H-1 transfer). Just copy of 797B should be fine for this. Once approved, appear for stamping through new employer using their newly approved petition.

    2. Anirudh

      Hi Saurabh/ Kumar,

      My Visa interview was in 14 Nov 2015 and i was given Blue slip 221G with Administrative process. My Employer got query from US consulate and they have replied back. Then status update date is 9 dec but still AP only. Since then i am checking status and there is no change.

      What are the possibilities of getting visa ?
      What else i can do ? Is there any way i can contact them to check the status ?

      Is there any other employer can transfer this H1 and will i be able to get visa stamped ?

      Please advise.

      Thanks
      Regards
      Anil

      1. administrator
        Saurabh

        Anirudh,

        There is not much you can do with pending 221g. There is no SLA and you can just wait.

        Yes, there is option for another employer to file cap-exempt petition for you. Once the new petition is approved, you can appear for stamping through the new employer.

  13. Snehal

    Hi Saurabh,

    I am in USA on h1 B visa since 2007. I did h1 b visa renewal stamping regularly, every 3 years at Ottawa , Canada . ( 3 times so far) i had got 221 g blue slip at my 3rd time stamping in Canada in Jan 2014, which one was solved in 3 weeks and i got back to USA. I am with the same company since sept 2011.
    Also have my i-140 approved.
    Now i have to renew my h1b visa for 4th time, and i am thinking to get it stamped at Mumbai (or any other location in India).

    Are there any chances that i may get 221 g slip again??

        1. administrator
          Saurabh

          Snehal,

          It may or may not impact your future stampings. If 221g was for PIMS, then it may not impact future stampings. However, if it was due to security clearance or client/project then it may result in another 221g.

          However, as they didn’t ask for any documents and it cleared within 3 weeks, I suspect it was PIMS. So you should be fine. Still it is better to have contingency plans whenever you appear for stamping.

          Does your visa stamp has anything like security clearance etc mentioned on it?

          1. Snehal

            Hi,
            It says on visa stamp, ” clearance received- Jan 2014″ and also my current employer name. ( i am still with the same employee)

          2. administrator
            Saurabh

            Snehal,

            Looks like it was stuck in security check. I know people who received this only once and not on subsequent stamping. At the same time, I have ready about unlucky folks who were stuck in this multiple times.

            What’s your job industry/domain – pharma, biotech?

          3. Sam

            Hi Saurabh,
            I asked this question earlier but this time I have an update and wanted to know your opinion on this, so my wife’s H1 interview was on Dec 16th since then her status is “Refused” and it was never updated, now I got to know from her employer that USCIS or their third party agency did the client verification almost 2 weeks back but still the status is “Refused” so what does that mean because I read the status should be admin processing which is not the case here so getting Client verification done is a positive sign then why status was never changed from refused to AP ? Any idea how long it takes after client verification since it’s already about 2 weeks.

            Thanks

          4. administrator
            Saurabh

            Snehal,

            It is definitely TAL (Technology Alert List). It is difficult to predict what will happen on subsequent stamping but majority of cases were approved (my wife is in biotech, received similar 221g but her 2nd stamping was successful).

            Just have contingency plans in place, in case things don’t go your way.

          5. administrator
            Saurabh

            Sam,

            Looks like your and Snehal’s questions are coming up in same conversation chain.

            221g is treated as visa refusal, which can later get approved once processing is done. So I would not pay too much into what the verbiage as it has remained Refused since the beginning. It took them 3-4 weeks to do the client verification. I suspect it may take similar time to report the results back and update the online status (provided they are not doing any other verification).

            Unfortunately, 221g process is still a black box. We are still dependent on the little information that trickles down and have to make best guess about most of things (like processing time) based on others’ experiences.

  14. Praachi

    Hi Sourabh,

    I am in India . I have got H1b in 2014 Jan and is valid till 2016 Sept. Due to personal reasons I did not use H1B . My employer told me that he would revoke the application if I do not join. Not sure if my employer revoked application or not.

    Now I am interested to go to U.S . Please advise below case.

    1) Is there any website we can check if the application has been revoked ?

    2) There was one recent case I heard, One person has got H1B ( stamping done) but never used. The person was working in U.S under some visa ( may be after M.S not sure exactly). He resigned the job with current employer and applied for H1b with new employer. The employer has revoked the H1B application immediately as soon as he resigned the job . When he filed for H1B transfer to new employer the application has got rejected saying that the application is no more valid.
    The person unknowingly resigned the Job before transferring the H1B to new employer.
    So if employer revoked the application which is never used, H1B transfer chances are very less ?

    3) I am in India and never entered U.S with H1B. My application might have been been revoked by the employer as he confirmed earlier, So in my case also the transfer application will be rejected ?

    4) What exactly will happen when the employer request for application revoke after having H1B valid visa.

    1. administrator
      Saurabh

      Praachi,
      1. What’s the current status displayed on USCIS site for your petition number?
      2. I know of recent cases where people were able to successfully file for cap-exempt petition even when they haven’t traveled to US in the past. One of such experiences is shared on this site. You can read it here.
      3. IMO, you should be able to do this
      4. USCIS will withdraw the petition and update their online status.

  15. Ram

    Hi All,

    I am Ram from India. Got H1B ( I-797B) approved for one of the company xxx in U.S . During the Visa interview process I was given white 221g but unfortunately it got rejected.

    a) Could you please advise if I can transfer the approved H1b application to new employer YYYY ?

    b) Does this case CAP exempted ?

    c) Any chances of rejection with new employer ?

    Appreciate your response.

    Thanks
    Ram

    1. administrator
      Saurabh

      Ram,
      If USCIS has not revoked the petition yet, then it can be used for cap-exempt purpose. New employer’s cap-exempt petition will be subject to similar rules and requirements like the original petition – so there is always a chance of denial.

      1. Krishna

        Hi Saurabh,

        I have got 221g but my employer is unable to provide the required documents .
        I have two questions in my mind. Please advise.

        1) I have given all my documents to consulate during stamping process. Can I transfer the H1b to some other company ?

        2) Suppose if the stamping will be done in future and if I wanted to switch my employer but by that time if the current employer revoked the application ( After stamping), Can I still have chances to switch to new company by filing H1b with CAP exemption ?

        Regards
        Krishna

        1. administrator
          Saurabh

          Krishna,
          1. As you have an approved petition, another employer can file a cap-exempt petition for you.
          2. Yes, it can still be done even after current employer withdraws the approved petition.

  16. Moradiya

    Hi, I attended h1b interview, 1st time, on dec 24 2015…
    the VO asked me how much year working with this company… current company name and designation, Bachelor degree, but gave me 221g White slip, mentioned to submit tick marked docs of sponsor… Its mentioned to email those docs…. and return my passport, i am working as software developer and my master degree is M.sc-IT and Bachelor degree is B.com,
    anyone have idea what will happen next??

    1. administrator
      Saurabh

      Moradiya,

      Once you submit the docs, they will process and review them. This is similar to RFE. While they process, there is nothing you can do except to wait.

  17. Sam

    Hi Saurabh,

    No they did not keep her passport, just kept client related documetns like client letter, offer letter, i129 n paystub. Is this 221g white slip processing usually takes long time ?? What’s the process/steps for processing such cases.

    Many thanks in advance.

    1. administrator
      Saurabh

      Sam,

      There is no SLA for processing time. Usually it takes few weeks to several months. Process is simple, you sit and wait while they sit on it for a while, then process and again sit on it for a while.

  18. Ashwini

    Hi Saurabh,
    I had dropbox option and received back my passport and a blue 221g with request for a copy of OPT EAD card. Am I just required to drop this requested document OR do I submit it along with the returned passport?

    thanks!
    Ashwini

    1. administrator
      Saurabh

      Ashwini,
      If they returned the passport and haven’t asked for it, they may not want the passport now. You can call the support center and ask.

      Even if you submit passport they may just keep it w/ themselves until the processing is done.

      Sorry, I don’t have a clear answer to your question.

  19. Sabrish

    Hi,

    I had my interview on Nov 3rd 2015 and got 221G Blue Slip and requested for Client details. This is my new emplyment with US Comp XXXX and my role here is not specific to particular client. whatever client my manager ask me to support i will support for that particular client sometime i work for multiple client. My work place is petitioner site and this is what mentioned in my H1B petition too.

    During interview visa officer asked for the client details which was not provided by my employer for the reason that this position is internal position where i support for their multiple client and providing solutions to client by working from employer place. i explained the same to visa officer and he gave 221G blue slip and returend back the passport and asked me to submit additional docs and appear for another interview.

    Now my employer has provided me a letter for consular stating my job desc and highlighted that this position is internal and that i will be working on multiple projects . I have sent this doc to the consulate on Nov 20th and still CEAC site showing ‘Admin process’ Almost waited for 4 weeks.

    Anyidea how much time they will take to respond and my only worry is Visa officer has requested for Client doc but my employer has provided a letter to consular stating that this position is not particular client specific and will work on multiple project.

    1. administrator
      Saurabh

      Sabrish,
      There is no set processing time. If the employer has explained the job description clearly in the letter, then it should be fine.

      Client letters are asked b/c visa officer is not sure about the financial stability of the employer. On H-1, one needs to be paid even when on the bench. Lot of consulting companies do not pay on bench as they don’t have enough financial cushions. In such a situation client letter becomes a must as it will show that you won’t be on bench and will be paid regularly. If your employer can show that they will pay you on bench when in-between projects, that will be helpful as well.

      In the end, its VO’s discretion.

    2. Gayatri

      Hi Sabrish,

      We have an employee for whom similar 221 G has been issued.

      Have you received your passport with stamping.

      Can you please share your email id or contact number to [email protected]?

      It would be of great help if you can share your experience

      Regards,
      Gayatri

  20. Sam

    Hi Saurabh,

    My wife H1B visa interview was scheduled today, VO asked many questions and my wife was able to answer all the questions, the only question my wife couldn’t answer was when VO asked about the companies near to client location as my wife was not aware of the surrounding companies. Finally VO gave her 221g white slip and didn’t ask for any additional documents and check the box with ” your application requires additional administrative processing and we will contact you within 60 days. So my question is what are he chances of getting visa rejected or approval ? If they didn’t ask for any further documentation then what can be the criteria to make a decision and how long it takes approximately??

    Thanks in advance

    1. administrator
      Saurabh

      Sam,
      Unfortunately, there is no set processing time. They didn’t ask for any documents, or information; so it’s not clear what they are trying to ascertain. It could be as easy as getting additional information about your case from USCIS to a more complex one like doing check on the employer.

      Wait for few days to see how it turns out.

      Did they keep her passport?

  21. Satheesh

    Hi, I attended h1b interview, 1st timer, on dec11 2015…the VO asked me where u r currently working n previously working…and duration n designation… Then about project document of the sponsor., my employment contract…then he asked to wait..After 3 hours when all interviews almost over called n said, this is the final step of issuing visa…but gave me 221g blue slip, mentioned to submit w2 docs of sponsor… Its mentioned to email those docs….anyone have idea what will happen next??

    1. administrator
      Saurabh

      Satheesh,
      You should discuss this w/ your employer and have them submit the docs. At times, the employers are not willing to share that information. There is no set SLA for processing time and can take few weeks to several months.

  22. Nitin Grover

    I am in USA and my wife and child travelled to India last week. I did not travel as my H1 extension was not approved at that time but it is APPROVED today but hardcopy or softcopy of I-797 awaited.
    Should I travel to India this week and wait for I-797 original to get VISA stamping and then come back to USA.
    I am worried before travel because my company’s fresh H1B VISA stamping cases are getting on 221g and not getting stamped.

    Please advise urgently.

    1. administrator
      Saurabh

      Nitin Grover,
      If you have to travel outside US, then you can do that anytime. Just make sure you have the approval notice by the time you appear for interview.

      If other cases are running into 221g b/c of employer related issues, then your case can also run into the issue. If they are running into issues due to employee specific reasons, then it may not impact you.

  23. mahi

    Hi all,
    We came to US in aug 2014 and before coming we got 221g and we were waiting for visa approval for 8 months.
    I am on h4 with my husband here in US.His h1 got renewed in dec 2014 and if we leave US then we have to get stamping again. i have joined school here in US but not filed f1 visa and still on h4 and now there is some family emergency came up.
    We have to visit India and come back early as i have to attend my semester exams.
    so, what are the chances that his H1 and my H4 visa will get approved? or
    Is it possible that we can get stuck for stamping for several months?
    Any suggestions or tips will be highly appreciated.
    Thanks

    1. administrator
      Saurabh

      Mahi,
      It is not possible to provide a definitive answer to this question. I have seen cases where subsequent stamping have been successful, and others where they again ran into issues.

      Do you know what was the reason for original 221g?

      1. mahi

        Hi saurabh,
        Thanks for reply.
        Exactly i dont know the reason for our 221g but i guess probably because of my husband’s name.(thats what he said to me)
        His name is Ahmed
        so, is it possible?

        thanks

        1. administrator
          Saurabh

          mahi,
          If he has a common muslim name, then there is a possibility that it will again result in 221g. Have contingency plans, if possible.

  24. sowmya

    I had my H1 interview in Chennai on Oct 26. VO gave ma white slip stating just need to wait for administrative processing (didn’t require any further documents etc). what is administrative process ,is there ant chance of rejections???

    Please advice for the same

    Thanks

    1. administrator
      Saurabh

      Sowmya,
      This is when they need additional information and documents from you, employer or just themselves before deciding whether to issue visa or not. You can treat it as equivalent to RFE.

      There is nothing you can do here, except to wait. It can take few weeks to several months for them to complete the process.

  25. rajsekhar

    Hello all,
    Today I got my H1b visa interview done at hyderabad. VO gave me white 221g without even asking for documents I was already was carrying at time of interview.
    please help me what the next steps

    1. administrator
      Saurabh

      rajsekhar,
      As asked, submit the information/documents mentioned in the white form and then wait for them to complete their processing (no set SLA).

  26. Rohan

    Hi,

    I have got 221g blue slip at Chennai for B1 visa interview didn’t ask any documents and passport returned. any idea how many does it take as it is still in administrative processing. I thought 221g is for h1b but why for b1. Still in confusion. My interview was on last Monday

  27. Laksh

    Hi,
    I went to H1B Extension on Nov 20, 2014 and got 221G Blue slip stating that ‘Your application requires additional administration processing’ and the Officer retained my passport.

    i was worried about the Visa issuance, whether it was approved / refused/ delayed without the no further tracking except your case number.

    i was worried since i came on Vacation and i need to go back to US to work and im from a legible employer.

    i have planned my mind to work from chennai base location, until my Visa is issued. i have to return US by Nov 30 and i have booked return ticket also.

    the day has come, Nov 25 – Status of my Case ID changed to Issued. uffff, bit relieved and still on a confusion over mind until i see VISA page on passport with my eyes.

    checked with Courier service about my passport arrival and they said it was ready to pick up by very next day and i collected the passport and saw the VISA page and everything was good.

    and i have returned US as per the Plan.

    So, don’t panic if you get 221G Blue Slip for H1B extension and your employer status is Very good.

    All the best to all.

  28. Rajat

    Hi,

    I had my H1 interview in Hyderabad on Oct 29. VO gave ma white slip stating just need to wait for administrative processing (didn’t require any further documents etc). 2 days later I got an email from consulate that visa is ready to be issued and I need to mail/drop in my passport but when I checked the status online it showed still in administrative processing and to this day (Nov 7) it is still in AP. Any idea what’s going on? I sent email to consulate but didn’t hear back. Reason I haven’t sent my passport because I need to make a short visit to UK before returning to US and I can do that either while waiting for H1 approval or on the way to US. That’s why I wanted to keep my passport with me so that if its taking long time for AP, I can make a quick visit to UK and come back to India to continue to wait for AP to be complete. Please any suggestions or tips would be highly appreciated.

    Thanks

    Raj

  29. baba

    i went to H1b stamping today 1 Oct at Hyderabad and was given a 221 g white form they gave my passport back and said my petitioner need to submit more documents. what are the chances of getting visa approved? as they have gave back my visa do we see any luck?

    Also what is timeline for this process

  30. rama

    hi

    Me & my husband went to h1b visa stamping in Hyderabad in september 18th 2014.The consulate was issued the 222g white slip with casenumber .How long it take the time i am worry about that.please response to my mail.

    1. Vish

      I went for visa interview on Sep 5 2014 and the officer gave me a 221(g) blue slip as well and no updates yet. The status says still in admin processing.

  31. Krishna

    Hi,

    I have been rejected B1 visa thrice by chennai embassy few years back. Now, I am working in Malaysia from past 3 years and applying for H1-B from here. Will there be any chances of H1-B rejection this time due to previous B1 application rejections happened 3 years back ?
    please advice me.

    Thanks,
    -Krishna

  32. Ananth

    Hi,

    I have got 221 G Blue Slip issued twice by the Chennai consulate and I have submitted all the requested documents on 23rd September at the Chennai VFS drop box facility. The documents has been sent to VO on 24th Sep, but which was not updated in the CEAC site. I was informed by the VO and VFS staff that, I will be getting my visa stamped in 5 – 7 Business days. But I don’t see any updates till yesterday (08 th Oct) and the last update date in the CEAC site has been updated to 08th Oct (This is the third update in the last updated date field in the CEAC site)

    Did any one went through same kind of process? How much time it may take to get the visa stamped. I read in a Immigration forum, that after 3rd update, the visa will be stamped.

    Any thoughts?

    Thanks,
    Ananth.

  33. syed

    Hi Saurabh,

    As my interview was completed at mumbai consulate and officer itself told me that my interview was well good enough but we can’t process your visa application bcoz of administrative process, they issued me a 221 g white form and in that consulate marked as under administrative processing and USCIS will contact u within 4 weeks and told me to check your status online and also told me that i dont need to submit any documents as this was my first H1B petition.
    FYI: My employer filed my petition and i have all the documents.
    So what will they do in administrative process and how long it will take.
    Please help with your suggestions.

    1. Siva

      Hey Syed,

      I have gone for stamping on 01 Aug 2014 in Hyderabad and they gave me 221g white slip and told administrative processing. Can you please share your experience.

      Thanks

      1. lakki1985123

        hi Siva,
        i have gone to Hyd for h1b stamping on 26AUG2014, for me also AP.is your case cleared now ? or any update from their side ? can you please update ?

  34. Vivek

    Hi All,
    I went for visa interview at Newdelhi consulate on 20th Dec 2012. My petition was for H1B Nonimmigrant.

    It was my first h1b after i switched from L1B in Jan 2012. VO was a tall american, in 50’s wearing thick black spectacles in too much hurry and did’t ask any paper to submit. He was also distracted and was talking to another lady probably his colleague on some other case in between. So i was like waiting from his end to speak. But he provided me a 221G- white and asked me to submit all the paper like lca, paystub company details etc. Eventually i had all the papers provided by my attorney so i gave it to him. Then he asked do you company tax paper , I said no, i have my w2 and irs-tax paper. How the hell can employee have his employer’s tax paper. Then he said ask your company to submit the tax paper and kept my passport. I said thank you and left with heavy heart.

    One suggestion, Don’t be too polite and expect the VO to ask your papers and then provide them. Just after reaching the counter after greeting submit all your papers whatever you have with passport and I797 on top. My friend followed this and hurrah VO kept looking into document’s asked him couple of question and issued the visa. Also i found to o rush compare to my 2008 L1B visa stamping experience.

    I have spent last 6 months after submitting the documents and still no sign of visa , it’s in Admin processing, thankfully my client allowed me to work from offshore, so it keeps me going, otherwise it would be frustrating. I have also wrote to my congressman in Colorado, he called to my company HR and talked to immigration. But no result so far.

    Thank you.

  35. Vinay

    Hi,

    I work for a MNC in India and went for H1B re-stamp on 3/1/2013. After asking few questions, VO said he is trying to access certain information which is not available and kept my passport without giving me any form or a case number to verify.
    When i checked my visa status via the application confirmation number, it say my case is under Administrative processing.
    When contacted my office, they tell they might be try to look at the scanned copy from their database & that the reason its under AP. Do you know how long this would take as i have to travel back next week.

    Request your comments & let me know when could expect my passport.

    1. administrator
      Saurabh

      Vinay,
      There is no set processing time for this. It can take few weeks to several months. As they kept the passport, it’s a positive sign. Nothing much you can do except to wait.

  36. Hopeful

    I went for H1b Interview today and was issued 221(g) white form where the check boxes against client letter,project detail and tax documents of my employer were checked. Moreover my visa interviewer lady took my passport and said “your visa is on hold.You need to submit these docs.” Moreover my petiotion in USCIS has been transfered to “Acceptance” tab.

    I have asked my employer for all three of them. I want to know how much time such cases take to resolve. I would like to know will I need to go for interview again?
    What does case update in USCIS mean.

    Kindly help me out on understanding this.

    Thanks

    1. Kin

      Hi hopeful,
      Where was your interview? Was it in chennai? Didn’t you carry those documents or you carried, but still she wanted you to drop it at some vfs centre?
      I’m planning interview for next week, but do not have client letter as i’m going to work on inhouse project…..

      Is your h1b sponsored by your current employer or somme consultancy?

      1. Hopeful

        Hi Kin,

        I donn know but would suggest you to carry some documents which can prove the employer client relationship. Moreover if you have project documents where your name and roleismentioned ..do carry those as well.

        I was asked for all possible documents even after having a valid client but I didnt had client letter so I wasissed 221(g).

        Anyways all d best toyou..!!

        1. kin

          Thanks for your reply, please keep me posted once you get your Visa issued and what were the steps done to get the same,,,All the best for you too…

    2. administrator
      Saurabh

      Hopeful,
      There is no set processing time and can take few weeks to several months to process once the documents have been submitted.

  37. PKR

    Hi Saurabh,
    Yesterday 17/10/12 i had an interview for my H1B. Everything gone well but VO gave me 221(g) white slip and told to produce the Client letter. I am working for a Biggest MNC in india and also my client is also top most Bank in US. My client will not entertain to give any kind of letters.
    Please help me in this regard, any other document which can suffice to the Client letter.

    Thanks & Regards,
    PKR

    1. administrator
      Saurabh

      PKR,
      You need to talk to your immigration team and client about this. If they cannot issue any letter then get at least some sort of written communication stating that they want to hire you as contractor but cannot issue a formal letter as a company practice. Also get client contact details so that consulate can get in touch w/ them for verification.

  38. Shashank

    Hi,
    I had an interview on 20th Sep, 2012 on New Delhi consulate. During the interview VO gave me 221(g) green slip, and asked for the documents. I had all the documents with me. She told me to take out all your docs from your folder, as this will take 2-3 mins, I was asked to sit. After 3-4 mins again went to the VO and gave all the documents including I-797, LCA approval, cover letter, I-129, petition documents and client letter (all original docs). She also kept my passport along with 221(g) green form with her, and told me that she’ll review my documents and I’ll be intimated through call or email. I was also give a confirmation note of Visa approval at the end of interview.
    Now in VFS site, my status is coming as “Your Passport is under process at U.S Embassy/Consulate.”. I called the VFS, and they told me, that my passport is still with embassy.

    Did any of you face such situation ever? How long it should take to complete the processing? And What am I suppose to do next?

    Visa applied for : H1B.

    Please suggest.

    Thanks in advance.

    1. Tej

      Hello,
      My case is similar to yours. I attended interview for H1B on 23rd of August 2012 and was told that my visa was approved and embassy took my passport. After a week, i received 221(g) over email. I have submitted all the requested documents on 10th of September. Since then, i have been waiting for an update. Every time i contact VFS they say my passport is under process.

      Please contact me if you get any updates.

      Thanks
      Tej

        1. shamsher

          Hi Shashank,Tej
          Any progres on your H1B Visa ..Mine is the same case .attended the interview on 6th of august and VO told that your application is approved and then Indian lady at other couter gave me a 221g form and asked me to wait for atleast 8 weeks.

          Please let me know if any progres was made in your case .Any info to ake this forward will also help.Thnaks in Advance.

          1. Shashank

            Hi Shamsher,
            Nothing happened in this case till date. 🙁
            Status is still coming as Under Process. Did you try to call embassy for updates?

          2. shamsher

            I tried reaching the VFS office through email and Phone .They have same standard reply which is to wait indifinatlt for all the appliacant with 221g status it seems.
            Are you aware of any alternative of this ?.
            I meant can I apply visa in any other category (L1B or fast track H1B). Will it also lead the same way like my previous application .My travel date is 15 th Jan and i am lil panic.

          3. satish

            Did they keep your passport when the time they gave 221g for you? Can you please let me know my case is similar and date of interview is on Dec 10 2012. Thanks in advance.

  39. JVT

    Hi,

    I am planning to go for visa interview end of this month (sep 2012) for H1B stamping. I work for an American MNC and this is my first attempt for h1b (after my l1 was rejected earlier this year). My petition is to work for a client in their location under my company supervisor. I have a few questions below. please help me.

    1) What is EC or EVC? is my EE relationship coming under one of these?

    2) My onsite supervisor works from a near by city (visiting client location twice a week, where i am supposed to work), now what shoudl i write/say if VO asks me if i would be working undermy supervisor. (the DS160 also is asking the supervisor address. what should i give?)

  40. vijay

    I given interview for h1b stamping first time in my life. VO issued 221g form and asked to submit email communication proof with my onsite supervisor along with few other documents.

    I have few doubt about why do I need to submit the email communication proof, when I have never worked onsite. As far as know I am working in India so my manager/supervisor should be in India to supervise me.

    Right of control will change based on my onsite project and location. Could there be possibility of misunderstanding that I had been working onsite rather that offshore by VO?

    What can I do about this, my processing has stopped because if this now.

    Need suggestion and guidance about next step.

    1. administrator
      Saurabh

      Vijay,
      Your reasoning is valid. Check w/ attorney and frame a response stating that you currently offshore and do not have any contact w/ onsite manager. Also mention what the reporting structure would be once you move onsite.

      1. Vijay

        Thanks Saurav,

        I lied during my H1B interview about the daily communication with my onsite manager. We used different project code and thus supervising manager was different with whom I never interacted. Its very strange I given the similar answers as that of my colleague who got his H1B approved.

        I talk with the attorney and he said it does not seems good to go forward with my H1B as It could result in legal action against company. Rather we should apply for other visa category, my L1 was already rejected earlier.

        I am very upset with this, isn’t there is way to go forward with my H1B?

        One option that I have in my mind to wait for few more months and reply with new information mentioning the last assignment was cancelled so we did not reverted back.

        Please help.

        1. administrator
          Saurabh

          Vijay,
          If the lawyer feels the case is complicated, then I would defer to his judgment. The company (or a different one) can file another petition and you can appear for stamping through that petition.

  41. NKC

    Hi

    I came to US on H1B in Jan’12. My H1B is valid till Dec’12. After 4 months I switched my job to a consultancy company (Say A) and I am on a permanent position. My employer is providing all the benefits like Health insurance, 401(k), 10 day leave, proper pay stubs etc. They have applied for tranfer of my H1B with extension. I am working in EVC model with Client being State HR Department and Vendor being one of the reputed companies in US. My employer is having 200+ employees. I am not reporting to any supervisor of my employer(A), as I am the only person at client location. I am planning to go back to India in the month of Dec to get married. Looking at the discussion and feedback, I feel that I will also get a 221 slip. I think I can arrange following documents :

    1) Client letter
    2) MSA between Vendor and Employer
    3) Work Itenary from Vendor
    4) Notarized list of H1B employees
    5) Last year tax return of my employer
    I have few queries :
    What is the possibility of getting 221 g?
    What all documents shall I need to get from employer or Vendor to prove employer-employee relation in addition to above documents?
    Are above benefits and documents sufficient to prove it?
    Shall I switch again and get a job from direct Client or Vendor?

    Your help in this regard is highly appreciated.

    Thanks

    1. administrator
      Saurabh

      NKC,
      221g can always be issued even if you carry all the documents. They can issue 221g so that they can go through the documents in detail and do background checks.

      For EE relationship, you need to be reporting to a person from your employer A. They need to give you your daily/weekly tasks, manage your work items etc.

      List of documents mentioned by you do not address EE relationship. In reality, you are not reporting to employer A, and so do not satisfy EE relationship.

      Moving to the client or vendor would be better. Getting employment w/ the client would be best.

      1. NKC

        Just few more things Saurabh, since I switched to my current employer 1 month back only, Can there be any issues if I switch again? I heard that one person did the same and they sent the legal notice stating that they have incurred financial losses due to him, switching the job and they losing business with their client. I couldnot find this condition in any of the docs I have signed.
        Morover I have I-797 of my old employer and not of the new employer as they have filed for transfer of H1B. Can it impact me getting new job?
        I donot have any new pay stubs, Can I still use my old pay stubs?
        Your advice in this regard will be highly appreciated.

        1. administrator
          Saurabh

          NKC,
          Yes, the employer can always send you the legal notice when you leave them asking for the business losses. They will have to show those losses in a court to get them from you. This may vary from company to company. From H-1 perspective, you can leave the new employer as well.

          You can submit old employer’s 797 to show that you have already been counted in the cap, and last 3 months payslips to show that you have been maintaining status. These payslips can be covered by both employers.

  42. Ata Darvish

    Dear friends
    I have applied for my h1b visa renewal in toronto canada and I have received a yellow page requesting further investigation while I had my I-797 approval.
    After submission of requested documents finally I have received an email and my application went for administrative review and it is already 6 weeks that I am waiting.
    I am planning to leave Canada for a while cause I found that this process may take more longer and my concern is to know in case of visa approval how much time normally will be given by consular to submit the passport for re — stamping.
    knowing this matter will really help me to plan my travel.
    thanks in advance for help and suggestions.

    1. administrator
      Saurabh

      Ata Darvish,
      I don’t think they provide a deadline for the passport submission. Although people like to submit the passport within few days, I think it should be ok to submit it even after few weeks.

      1. Ata Darvish

        Dear Saurabh
        Thank you very much for your prompt reply it was very helpful and kind of relaxation.
        I am an Australian citizen and had my interview on 19 march 2012 for extension of my h1b and last requested documents submitted to consulate on 3rd April 2012 and after that I .have received an email that my application sent for administrative review.Is this true that this process will take at least 2 months after last documents submitted or could be less or even more?shall I contact the consulate if it takes more than 2 months or it is better to wait till get some response.
        I wish you the best

        1. administrator
          Saurabh

          Ata Darvish,
          There is no set processing time and it can take few weeks to several months (even more than 2). There are not much options to speed up the process. You can contact consulate but they will not provide any more meaningful response.

          1. Ata Darvish

            Dear Saurbh
            Thank you once more for helping others,you did a good and helpful job for me.
            Me and my family finally decided to go back to our home country and wait there for final result.
            God bless you.

          2. Imran

            Dear Darvish,

            I got yellow slip for 2013 H1b from dubai consulate, have you got your visa and how long did it took for you to get it stamped

            Please advice for the same

            Thanks

  43. Kaustubh

    I am on H1B visa here since nove 2009.
    My h1B expired on sept 18th 2012,my employer has already filed for an extension on 14th of Sept 2012.
    We got an RFE on 31 jan 2012 and as per my employer they have already replied the RFE accordingly.
    So the questions i have are :

    1) The status for my case on the USCIS site still shows as RFE , but as per my employee they are saying they have replied the RFE, so how many days does it take to reflect the status on the USCIS website saying RFE replied or in first place does the status really change saying RFE replied.They have told me 2-3 weeks earlier that they have replied for RFE.

    2) how can we confirm if they have really replied the RFE.

    3) my 240 days are completing on 10th May 2012 since 14th Sept 2012(date we applied the extension),if we convert the case into premium processing will it come by 10th may 2012.

    4) If it doesnt come by 10th May 2012,i will have to go bac and will the extension applied be still valid request if i travel back to India or do we have to apply for a new extension from India.Please confirm if i will be able to come bac until the visa is extended or renewed.

    Appreciate your help.

    1. administrator
      Saurabh

      Kaustubh,
      1. It usually gets changed within few days. However, at times the online status is not most reliable. If the status hasn’t changed even after USCIS has received it (employer can confirm w/ tracking number), then they should call USCIS and follow-up.
      2. You cannot. You will have to rely on employer
      3. It might come by May 10. They will take 15 calendar days once they receive the upgrade request to PP
      4. Yes, extension will still be processed and can get approved. You can then go for H-1 visa stamping and travel to US to work for the employer.

  44. Thushu

    Hi Saurabh,
    I am currently in U.S and my L1B is under extension. I have filed H1B (consular processing) through another employer. Suppose am getting an RFE for L1 and it got rejected after answering the RFE. Will this rejection affects my H1 stamping in India?
    Or is it better not to answer L1 RFE and then appear for H1 stamping ?

    Please let me know your comments.
    Thanks
    Thushu

    1. administrator
      Saurabh

      Thushu,
      Usually, L-1 rejection will not impact H-1 processing. It may impact if they determine that you submitted false documents etc.

  45. Sam

    Hi Guys,

    I had my interview at the New Delhi embassy on the 19th of March for getting my H1-B stamped. I already had the I-797 approval and was hoping it would be a smooth process but they gave me a pink letter 221g. They have not asked for any documents and all VFS tells me is that its still in administrative processing at the Embassy. There has been no update till now. Do you think it will help if i went to the embassy and asked there? Will they even let me in and entertain my questions?

    Thanks

    1. Raj

      No, don’t even bother! It’s all in their hands now. Just sit tight.

      They hit me with this when I had to travel to India on a very sad situation 2 months back – I lost my father, and travelled to perform the last rites. It was an agonizing 10 day wait, but it resolved itself.

      Nothing that you can do. Don’t try to go for an alternative like a Visitor Visa, ‘cos they will hit you with thw same thing.

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