As I previously shared about my frustrations of filling DS-160 form for H1B visa stamping and how to avoid them…I would like continue to share some of my insights from my H1B visa stamping experience, including the visa interview.
Background :
I was going for H1B visa renewal stamping (5th year on H1B visa). My H1B extension was filed for internal project…I have moved to our different development center in January of 2011 and had a new LCA for that location. It was a sunny day, my visa interview was scheduled in Morning.
H1B visa stamping Interview 2011 – Chennai, India :
I was directed by an old guy to stand in a line for visa interview…I stood in the line observing and listening to answers given my others in adjacent line… The Visa Officer (VO) lady, white lady in late 20s, in next line was asking a H1B visa stamping guy, why do they need you there ? Can you work from Home ? .NET is a very common one, they can find someone there ? , etc…. Anyways, my turn came and I went to the visa counter Here is how my visa interview went : my VO was an African-American Lady in early 30s or late 20s
Me : Hi ! How are you doing ?
VO : No response. ( was surprised by her response, Americans in general are very friendly and greet you back or they greet you first…)
Me : How as your day ? Smiling …
VO :No response…(she gave no reaction and looked at me like what the hell dude? I realized that she does not want to talk to me, may be she does not like me….may be she is going to create trouble )
VO : So, why did you change your school from XXX to XXX ?
Me : Well, because I got scholarship and also it is a better school. ( I thought to myself, why the heck is she asking about stuff from 2004, which has nothing to do with my H1B visa ?)
VO : Can I look at LCA ?
Me : Showed the same Old one and New one.
VO : Can I have a look at I-129 filed by your employer ?
Me : Grabbed it and showed it to her…
VO : Can I have a look at the Original letter to USCIS for H1B extension ?
Me : I was looking at the pile of papers and could not find it right away. I said I need some time, I will look for it…I said, I came to India on emergency and do not have everything organized…
VO : Sir, you can sit and look and come back when you find it.(showing signs of irritation)
Me : Thanks
I went to the seating area and looked for the letter and took it to her.
VO : Do you have I-140 approval ? ( I-140 is related to Green card process)
Me : No. ( I am with current company for around 4 years )
VO : So, Who do you work with ?
Me : I work with few of our clients like XX, XX, XX ( in fact, that’s my role, we work with our prospective clients on XXXX technology )
VO : W2s , Pay stubs ?
Me : Gave them, she looked at them..
VO : Do you have any letters from clients ?
Me : Well, I do have presentations we give to our clients… I told her I came to India on family emergency XXXX and did not get a chance to get much papers
VO : She did not even care to listen to my words, said Thanks in a very irritating tone…(indicating, stop talking and go ) and gave me a blue form 221(g) by scribbling some number on it checking few boxes asking for information :
- Copy of H1B petition submitted to USCIS
- H1B I-797 Approval letter
- DS -160 Confirmation Page
- Labor Condition Application
- Client letters on their letter head
- Contract letters with clients
- Employment agreement with Employer and Employee
- Detail description of Internal Project
Me : I said Thank you ! and left.
At my first instincts, I realized, she was not interested in giving me Visa….was trying to find a hole to give query…she found one i.e. client letter… Based on my visa interview and questions asked to others in next line, here are my insights and tips
6 Tips from H1B visa experience – 221(g) Query :
- Study what your original H1B was filed for and make sure you have supporting documentation for that submitted petition to USCIS . If you have changed location, then you need to make sure the new role is updated with new LCA.
- Make sure you read the letter that your company submitted to USCIS and what they have mentioned about you in that. You have to be prepared on what they portrayed you and have supporting evidence to prove that you have skills and expertise.
- If you have stayed with a company for some time( over 2 years), then it is a good idea to start Labor and Green Card process and take it to I-140 level at least. Also carry the same form to stamping. I think, the logic from VO side can be like : “ This person has been with company so long, but have not filed for Green card..is there a real job role for him in America or with the company ? are they just manipulating visas ? ” … In general, companies file for Green card, if they have not found someone with your skills for a permanent position after a year or so…
- Client letters are critical. You need to carry client letters. It has to be on Letter head from the client. If you work with prospective clients, make sure you carry some kind of letter from them stating that you are working with them.
- Be prepared for questions that might not be related to your H1B visa at all and might throw you off like “ Why did you study in so and so school, why did you work in so and so…” Do NOT panic and try to answer them to your best…..
- Be specific in your answers like “I work with this particular client”…rather than saying – “clients like so and so”…the second one is ambiguous and can create sense of doubt in VO. It is not just this, but any question you answer, be specific.
Any similar experiences related to H1B visa 221(g) ? Any tips to share ?
Image credit : http://www.flickr.com/photos/anneh632/5262162215/sizes/m/
Hi Saurabh,
My case EC model
I attended interview at Delhi consulate on 20 Dec 2011 for H1B extention. VO asked me many questions but I did not answer properly on supervision because he asked me what is the name of your client supervisor and I told my client manager name instead of my company manager name. Then they sent my petition to USCIC to revoke it but USCIS reaffirm my petition and ask DOS to process my Visa.
-Ineterview Date at New Delhi on 20th Dec 2011 and VO said will take 1 week to review
-Embassy Return my passport on 24th Jan 2012 with Visa rejection under 221g Admin process.
-USCIS reapproved my petition and sent the 797 document with affirmation on 24 Feb 2012
– I reappred for second interview at Delhi consulate on 16 March 2012 and VO asked me the same questions but this time I answered correctly. Vo took my passport LCA, I-129, I-797 and said will take one week to review my case but till now no update. When I sent e-mail to VFS and they said it is under 221g admin process.
Do you what are my chances to approved the Visa.
Thanks
RC
RC,
As USCIS has re-affirmed the petition there is a good chance of it getting approved. However, I cannot comment on timeline as it can take anywhere from few weeks to several months.
Saurabh,
Appreciate for your quick response and helping ppl.
Thanks
RC
Hi Saurabh,
Now they are asking the below info. I think they will approve after submitting the required document.
Letter from ALL END CLIENTS, itinerary of services, and contract
1) A signed letter from the prospective end client, stating the client’s intention to make use of the beneficiary’s services and the nature and duration of the project. Include the signatory’s email address and phone number. 2) The applicant’s complete itinerary of services specifying the dates of engagement, the names and addresses of the employers, the names and addresses of any intermediary agents, and the name and address of the end client (where the services will be performed). 3) A copy of the contract between the petitioner and the end client company for the project on which the beneficiary will work.
Thanks
Roop
Hi Saurabh,
I went for my H1B extension visa interview in 1st week of April at New Delhi consulate.
They gave me a 221g pink form and din’t ask for any documents. I am still waiting for the response. The site says still processing. Please suggest. I work on EVC model.
Bhavna
Bhavna,
Pink slip is usually issued when they want to do security check on you. It usually gets resolved within few weeks.
That helps. But I am getting restless now. With all my stuff back in US, this is not a good thing. I am currently in my 6th week of wait.
What is the average timeline, they respond back.
Bhavna,
Earlier this year, most of them were getting resolved in 3-4 weeks. Not sure what’s the timeline now.
Hello RC, I am in same kind of situation. Its all about your employer in the second interview. Is your employer a small company or big one with how many employees ?
Hi Shravan,
My employer has more than 5000 employee so I think its not small. US embassy rejected my Visa because they thought I am supervise by client manager. I got confused with the question about client supervisor and told the actual client employee manager name.
Which embassy you went for interview?.
Regards
RC
RC,
I am in US on H1B now. I am planning to go to India soon.
In your case, I suggest you to wait 2 more weeks (then it will be one month from second Interview date) and then if no response write a polite e-mail to the Delhi VFS and ask them respond and also check with them if they need documents that would help them expedite the process. Also stress in the mail the importance of you being working in US with your employer and what they are loosing in your absence ( your special skill set).
Thanks!!
Hi Sharvan,
Thank you very much for your advice. I did understand that you said before you are in the same kind of situation but you are in USA?.
Thanks
RC
Interview at chennai- 1st march 2012 –
1st time H1B for internal project.
221g green issued – documents and passport submitted at the spot to interviewer.
waiting since 4 weeks.. 🙁
not sure howmany days it wil take..
i got my passport wit stamp on 23/04/12 so total after 8 weeks..
Hi Saurab finally got the visa .thanks
Congrats Sheetal!
Have a safe trip to US.
i got 221g green slip at chennai consulate, they put my case as “Additional administrative check required”, they didnot ask addition document.
They returned passport and petition, but they keep it my previous company experience letter.
is any body know, how many days they will take for complete this process. what will be the result.
Sudhakar,
There is no set processing time and it can take few weeks to several months.
Hi Saurabh,
Mine is blue slip not green slip , i gave wrong slip name.
1. Why they retained my experience letter,
2. The VO did not confirmed for retains my experience letter, BEP letter and DS160 confirmation letter, so will they return my letter properly or can check the Consulate for my doc .
3. How can i check my case in online.
4. what will be result.
sudhakar,
1. They might be doing some background check based on your previous experience letter
2. Usually they return back all the documents later
3. If your case number allows online tracking, then you can use it to track on Chennai consulate website. Else you cannot track it online, but will have to rely on VFS contact number.
4. No one can guess this.
issued 221g asking client letter and work itenerary.After submitting it, they have again asked for DS160 confirmation page.It is about 5 months now after re appealing. Can i think it as a postive sign when being asked for DS160. Shall the next step be asking Passport? Anyone has similiar experience of being asked DS160 confirmation page.
Sini,
Asking DS-160 confirmation page is neither positive or negative sign. Unless they ask for the passport, its not possible to say whether the case is turning to positive or not.
Thanks for the reply. Let’s wait fingers crossed.
Thanks for the reply. Let’s wait fingers crossed. By the way, anyone has similiar experience of being asked DS160 confirmation page?
Hi saurab e 22ig processing after three months they have asked for passport for me n my husband..does that mean it is for stamping?..if yes how many days it will take for them to send passport? can we track our passports
Sheetal,
Yes, this is a positive sign. Once you submit your passports, you can track the same from VFS site by entering your passport numbers. You will be issued SMS at registered phone numbers when the passports are dispatched.
Hi ,
I am planning to go for H1b visa stamping in Hyderabad consulate. This will be my first stamping, I work on EC model and I have a client letter which shows the duration of my project with that client as 3 months ( with possible extension). Will this be any problem since it states only 3 months?
Sri,
Yes, it could be an issue. What’s your petition validity? Usually they approve the visa for the same duration as petition, but they can ask about the short duration of the contract. It would be good to have a letter from client stating that there is a possibility for the contract to be extended.
Thanks Saurabh.
The client letter doesn’t just say “3 months” , it says ” 3 months with possible extension” Do you think this will suffice?And my petition validity is until Jan 2013.
There is nothing urgency or emergency to visit India now, but its just that I haven’t seen my parents for the past 3 years. So thought of making a trip to visit them. Do you think its OK to leave country in this situation as described above? or should I wait for some more time?
I greatly appreciate your thoughts on this. Thanks so much!!
Sri,
It should be fine then. If VO asks you can point them to the section which says possibile extension. They should approve it for the duration same as petition validity. When is your petition expiring?
Stamping is always a risk especially when working in EC model (which is safer than working in EVC model).
Thanks Saurabh,
My petition expires in Jan 2013.
Sri,
Then they should approve it until Jan 2013. But then lot depends upon the visa officer.
Hi Saurabh,
I need to go for H1 B stamping on 28th March 12. So need your advice on some points.
1. My client letter was issued in May 11 when my petition was filled and my Employer has contract with Client for 3 yrs Dec 08-Dec 11. So my Client Letter has shows contract for 3 yrs Dec 08- Dec 11. But now contract has been renewed for next 5 years and I had the new MSA. So do i need to get the Client Letter again or the new MSA will be sufficient.
2. As my Supervisor sits in different location. So how should I answer this question if they ask that your Supervisor sits in different location so how he will access your work and if you require any help how you will contact her (this question has been asked VO to 2 of my colleagues ).
Thanks
Rohit
Rohit,
1. I don’t know if MSA can be used in lieu of client letter or not. Maybe you can get some sort of information from client saying that MSA is good enough in lieu. My guess is that it can be used in lieu but it would help to get more information.
2. Employer-employee relationship concerns can be addressed if your supervisor visits you on regular basis or discusses the tasks/priorities over phone. In the end, you will have to tell the truth as they may do background check to verify the answers.
Hi Rohit,
How is your inteverview ? Are you working on EC or EVC model? I am working on EC model and planning to go for stamping in Delhi. So am a bit worried. Can you please share the questions asked and the consulate you attended? This would really help the group members a lot.
Thanks !!
Hi Shravan,
I had my interview on 02 April at New Delhi and everything was really smooth.
I work on EC model and she ask me general question like
1. For which company you will work?
2.Client Name and Location?
3.Your company’s headquarters in US?
4.What will you do in US?
5.Who will be ur Manager in US?
6. Where will he sits? (In my case he sits in some other location)
7.Do you have any Manager at your location?
8. Your total experience?
9.Your highest Qualification?
Then she waited for few seconds and doing something on his system. Finally came the golden words “I am approving your Visa and you will receive your passport in 5 working days…”
Rohit, Thanks for the questions and congrats on visa approval.
My employer is a small desi consultancy. Is your employer also small one or big Indian MNC? Because a lot of small desi consultancies are under scrutiny these days. And I have this fear that, though I do interview well, they issue 221g for checking my employer.
And how did you answer about your manager ? Did you say he will supervise you from different location or just you report to client manager?
Thanks for your time!!
Hi Saurabh,
I had my visa interview on Jan 27th 2011 and had been issued a Green Slip(221g ) for administrative processing and nothing has been checked in the documents required checklist.They have also mentioned that my client will be contacted by USCIS for further verification. Till date either Me and Petitionor did not get any communication from USCIS. My Petition has been approved for only one Year (till Nov 2012). So how long this process will take? Incase if this process will take another six months of time, then what will happen for my h1b? (then is it a gone case ?)
Saravanakumar T,
There is no set processing time. It can take weeks or months. Are you working in EVC model or EC?
Hi Saurabh,
I am working in EC model… If the processing time takes another 3-4 months, then i will get visa for only 3 months?
Saravanakumar T,
Yes, they would still issue visa until petition expiration date. Typically, EC model applicants have better chance of approval than those in EVC model.
Hi Saurabh,
I’m planning for vacation to India in April 2012, i have my H1B approved till 2014 and have my I140 approval also.this time i’m planning to go for stamping. after 4 yrs i’m going to india now.
Is there any difficulty in getting my H1B Visa Stamping.
Please provide me the list of documents they will ask for?
SRK,
If you are working as a direct employee, then you have best chance of visa stamping. If working in EC model, then you need to watch out, and if working in EVC model (and beyond), then you need to really really watch out as most of such cases are ending up w/ 221g and indefinite wait.
Here is a pretty exhaustive checklist a fellow member created recently. Note that not all documents may be relevant and will depend upon specific case.
Thanks Saurabh,
Recently my friend went for stamping and he got stamped in Chennai ,as he said its all depends on the VO officer & Your luck.
They asked him few documents like his LCA and other document ,but the officer he didn’t verify all documents .
Hi Saurabh,
I had been to Chennai for H1B stamping on Oct 27, 2011. The VO said that my case qualifies for administrative processing and handed a pink slip. However, no additional documents were requested. It has been close to 4 months now and I still havent heard anything. Have you heard of cases taking so long?
Elisa,
Most of the pink slips I have seen have got processed within 1 month, but they were primarily from Delhi. Unfortunately there is no set processing time for 221g. Were you in US on H-1 prior to this stamping? Also, what industry are you working in?
Hi Saurabh,
First of all I would like to thank you for providing all this invaluable information.
While going for H1B interview, do we need to carry copies of all the letters like client letter, MSA with client, SOW etc with us? What others docs they may ask for at the time of interview?
Thanks….
Vinod,
Yes you need to have those documents. Documents required include:
– your documents (resume, degrees, marksheets, experience letters)
– H-1 related documents (LCA, I-129, 797)
– employer documents (unemployment wage reports, notarized list of employees, tax returns) – the employer may not provide you all these docs as they are company sensitive
– project documents (SOW, MSA, client letter)
– information on employer employee relationship
Saurabh,
I want to publish my complete experience in the website…. Kindly let me know how I can do that?
Pb,
You can submit your experience on this page. Kumar can then present it in an article.
Got stamped Visa after 3 days of resubmitting H1B documents such as 797, I129,LCA etc. The whole process took 2 months. They returned the originals along with passport.
I need to go for Visa interview…
i would like to know the DD amount, where can i check the interview schedule dates available..I want to attend at chennai office…
Thanks
Krishna,
Go to VFS India website. They have the information you are looking for.
Hi Saurabh,
I am in the 9th year of H1B. I have valid petition (I-797) till July 2013. I also have I-140 approved. I got 221(g) yellow slip on March 9, 2011 asking for employer related documents. My employer submitted them on March 30. I got an e-mail from consulate on Dec 9, 2011 to submit client letter, which I don’t have. I finished a 6 yr long project and came for a vacation without taking up another assignment. I am finding it difficult to get interviewed and get client letter as I am in India. I have own a property there for which I am paying every month since almost one year.
Can I apply for tourist visa to at least to go back and sell/rent my house and sell the car, etc? I am not sure if I have to withdraw my current H1B application in order to apply for B1B2.
Vyash,
Here is another discussion (w/ Sankalp Gaggar) that looks similar to yours. You can get in touch w/ him to learn from each other’s experience and discuss further course of action.
IMO, you can apply for B-1/2 in order to come to US and wrap up things here. There is no need to withdraw the application. If you submit the request to withdraw, they may send the petition back to USCIS for reconsideration and possible revocation. Do you have your passport w/ you?
Thanks Saurabh for the quick response. My H1B is not denied. They have asked for client letter and gave me one year’s time to respond. I do have my passport and I-797 with me. US Consulate didn’t keep any document with them. Do I need a sponsor (affidavit of support) for tourist visa? What should be the reason for my trip on the B1B2 application? Please guide me. Thanks.
Vyash,
You don’t need a sponsor, as you will be self sponsoring your trip. Your reason would be to travel to US, wrap up things, sell-off stuff etc.
Thanks Saurabh.
H1b story
1. Got green 221g aug 2nd week 2011 chennai emp ven client
2. Submitted response sep week 2011
3. Got blue 221g oct 3rd week 2nd request asking to notarize few docs submitted (lazy employer didn’t do initially)
4. Withdrew petition@Consulate from emp ven client
5. Reappeared for the another interview with direct employer (top employer in the world) during oct 3rd week
6. Got pink slip (they are wasting papers, isn’t it!!!) after the same vo stating that everything is good and give your passport (can’t hate me more because of the religion I belong to!!! as well the weightage of the employer-employer says you idiot give em the visa asap)
7. Sent to Another Indian lady VO for additional admin processing, she gave the actual Pink 221g (so don’t think Indians there can help you)
After 5.5 weeks, VISA GOT APPROVED, STAMPED, LIVING PEACEFULLY IN THE USA THAN IN INDIA NOW.
fyi: 1st h1b took 15 months to get stamped.
make your decision based on the story here.
Hello Muhammedh,
I am planning for a H1B stamping next month in India. Can you please share with us the documents they asked to notarize your employer when they issued 221g blue in Oct 3rd week ?
That would really help the us a lot.
Thanks!!
Hi Saurabh,
My husband is an verification engineer and we have attended H1 interview in chennai in the month of oct n we have received green slip to submit more documents about company..employer has submitted all the docs in the month of december its been more than 2 months we still did not receive any response from them…ppl say that they can even take a year to respond…how much approx it takes to get response from them
Seema,
See my response to your other post.
Hi Saurabh,
My husband is an verification engineer and we have attended H1 interview in chennai in the month of oct n we have received green slip to submit more documents about company..employer has submitted all the docs in the month of december its been more than 2 months we still did not receive any response from them…ppl say that they can even take a year to respond…how much approx it takes to get response from them
Sheetal,
Unfortunately there is no set timeline for 221g processing. It can take as less as few weeks or as much as several months, may be a year.
Hi saurabh,….after 3 months they have asked both the passports do u think its for stamping purpose?
Sheetal,
Asking for passport is definitely a positive sign.
How to know the VO officer, this Petition is L1 or H1B
Seshu,
Didn’t understand your question.
Hi Saurabh,
I am employed full time for one of the big 4 consulting companies and I work for a Federal Client.
I attended for my VISA interview in Hyderabad Consulate on Feb 13 had all the documents except client letter as Federal Clients doesn’t provide one. Unfortunately in my case VO asked for client letter and gave me a 221g asking for client letter ?
Our company implements the project and I report to our company manger. What are the other documents I can provide to support my case if Client doesn’t provide a letter ? could you please advice ?
Hari,
You can try following documents:
– A letter from the client stating that as a policy they don’t issue client letters
– Timesheets and other information which shows that you are working for the client
– Email correspondence your employer may have had w/ the client to initiate the project etc
Thanks Saurabh for the quick response.
VO didn’t take our passports when he gave us the 221G slip. Do we need to submit the passport along with the supporting documentation ?
Hari,
It needs to be submitted only if the VO asks for it in the form.
HI Saurabh,
I do not have client letter with me nor do i think client can give any letter . But I do have SOW/MSA letters with my employer and can get it easily.
At the time of filing I haven’t provided any doc,this may lead to RFE.
Can I use these docs at the time of stamping as my work location is going to be my Employer locaiton at usa and not the client locaiton, can i mention that to VO if asked for client letter and show alternative docs (SOW/MSA/TImesheets etc)?
Sam,
If those are the only documents you have, then that’s the best you can do and then hope for the best.
If you tell VO that you will be sitting at the employer location and working for the client remotely, VO may ask why is it necessary to work from US when it has to be remote. You can do it from India as well.
Hi Saurabh,
I am able to get the client letter ( that is the only document they requested from me ) and submitted on Feb 27 but didn’t hear any thing from consulate yet and they didn’t contact my client also until now. How long it takes generally after submitting the client letter to hear back from them ?
Thanks,
Hari
Hari,
There is no set processing time. It can take few weeks to some months.
Hi Saurabh,
Finally I got the below email from consulate to submit my passports. Do you think is it for VISA stamping ?
This is in reference to your visa application. Please submit your SATHUNURI, HARIPRASAD # J4486543 and your spouse VANAMA, REVATI # G2557706 passport at the VFS office in Hyderabad for further processing of your case.
Thanks,
Hari
Hari,
Asking to submit passport is definitely a positive sign, and it is usually asked for visa stamping.
Hi Hari,
Have you submitted any other document at the time of filing? like SOW/MSA related to client contracts?
Have you taken these docs at the time of Stamping interview? if you dont have client letter?
is your work location is employer/client locaiton at usa?
Hi Sam,
My employer location and client location are different but they are with in same towm within radius of 10 miles. I didn’ t submit any client related documents during my renewal .
Thanks for the reply Hari, let us know how it goes with your stamping…
Submitted Documents on 14-Dec-2011.Contacted by US Consulate on 10-Feb-2012 to submit H1B petition documents through VFS (I-797/I-129/LCA/Letter to USCIS and any other documents your petitoner submitted to USCIS at the time of applying for your petition). Passport is still with them for 2 months.
If I submit the originals, does anyone know how they return them. Do they return along with the passport?
PB,
I have seen them returning 797 along w/ the passport. I would assume the same for other original documents. Make sure you keep a copy of each of them w/ you and submit a cover letter mentioning all the included documents.
Hi Saurabh,
Model: Me – Employer – Client
I was issued an 221g and submitted documents in 2nd week of of December. My client allowed me to work remotely till now but looks like he is loosing patience.
1- If my client terminates the contract, what are the chances my employer will terminate my employment?
2- Can I find another employer and do a transfer while I am in India?
My current visa expires in June, already stayed 60 months, has 140 approved with my current employer.
1. It’s tough to say as it will depend upon the employer. You will have to talk to them about it. At times when you a strong technical candidate, employer keeps you employed (although not pay you while you are out of US) in hopes of future projects
2. Yes, you can
Thanks Saurabh. If I do a transfer while in India what hppens to my I140 with my existing employer. Can I still hold on to my priority date?
Pb,
You will have to check w/ an attorney if the PD can be ported. Generally it can be ported as long as you have a copy of approved I-140. But each case is distinct and it’s better to discuss your specific case w/ a lawyer to be sure.
I had my visa interview on 27th jan at chennai consulate ……I have masters degree in science and working in clinical research……..I’m confused VO officer told me that my documentation is gud and explained me what is der in white pamphlet and told me have a pleasant stay US also and said that he don’t know anything about clinical research and gave me pink slip and went to different counter and they asked me my resume and asked couple of questions about clinical research and said it will take 4-8 weeks to make a decision ……..can some one help me plz…………
Read this article especially the section on background check. Just submit the documents, and it will get processed in 4-8 weeks. I know of a similar case from Delhi that got processed in 3 weeks in Jan.
They did not ask any documents……just said wait 4-8 weeks.
Pink slips usually get approved, it’s just a matter of time.
Good luck!
Dude i was checking my status and for most of them i saw as ISSUED…..what is the meaning of it……..is der visa is issued or passport…….if it is visa, that means every one is getting visa it seems….. is that right.
I think ISSUED means that the visa has been issued in the passport and passport has been delivered. If the visa has been issued but not stamped in passport yet, then they have something like SEND PPT.
It’s nice to see that Chennai consulate is pretty regular w/ their updates as compared to New Delhi.
It’s more than 2 weeks i haven’t got any reply from them………..is der any way we can expedite the process my employer needs me as soon as possible……if we can any email or letter from employer can we expedite the process
There is no way to expedite it. In case of pink slips, even lawyers are supposed to wait for 30 days before contacting DOS. As your case has been pending for just 2 weeks, you may have to wait more.
You can compare the status of other Chennai cases to see what kind of progress they are making. That may provide some hint at their speed. However, it’t not necessary that all cases take same amount of time.
Hi Saurabh….today i got an email from VFS saying your passport will be delivered by courier but when checked my status it still shows as processing pending …….i’m confused did they issued my visa r not ……….
Raj,
Yes, that information is not provided in the status update. Remain optimistic – it should be issued w/ visa stamp. I have rarely seen cases where visa got denied b/c of pink slip.
Got my visa dude…….Thanks for ur help
Congrats Raj!
Hi Saurabh,
I had my H1B interview on 28th Dec and received a blue slip for AAP.I work in an EVC model and was asked lot of questions on EE relationship and i believe i have answered it as per facts and in line. I had also mentioned that my employer cannot come to my work location due to security reasons. This has been my 3rd year with the employer and second stamping for the same visa
After 1 week they send back my passport with the green slip stating that the ‘petition is sent to uscis for further review and the consulate will contact you ‘.
What is the probability for this to be approved and what is a possible time frame?
Would the USCIS now contact my employer or they just let it lie for some time?
While this is happening can i apply and go for an H4 interview on my husband’s H1?
Please do let me know your thoughts as i don’t find any way to track this progress
Thanks
TS
What is the probability for this to be approved and what is a possible time frame?
There is no set time frame, but I have seen them getting processed within 2-3 months. IMO, there is little chance of approval as USCIS will determine that EE relationship is not being maintained based on your response.
Would the USCIS now contact my employer or they just let it lie for some time?
If they need additional information, only then they would contact the employer. Else they would decide on the petition.
While this is happening can i apply and go for an H4 interview on my husband’s H1?
Yes, this can be done. You can appear for H-4 stamping and then travel to US on H-4. Once in US, you can decide further course of action like finding another employer etc.
Thanks Saurabh for the quick reply.
Even though the employer does not visit my location i have clearly articulated that
1) I report to him weekly on call
2) He assigns and reviews my work based on the contract
3) he approves my timesheet
Wont this warrant enough for a valid EE relationship
Thanks
TS
Most of document submission experiences I have seen (i.e. online) is employer placing a person onsite to monitor and work w/ employee to manage tasks etc.
You can submit this information and then wait for them to process. They might do more detailed background check by calling the client and/or employer to deduce if that’s how the arrangement really is or not.
Hi Saurabh,
I am planning to go India for H1 B Stamping.
Here is my situation:
This is my first time H1B stamping. I did my masters over here. I am currently employed in a Full time Position.
My question:
Before joing this full time job, I worked through a consultancy for 10 months. During that time, the consultancy owner ran my paycheck through 2 consulting companies as he established a new consultancy(I am on my OPT when I was with consultancy). Currently, I am in a full time job since past 3 months. Does the VO have any chance of questioning about my previous status like why did you change companies in such a short period like that? Please help me with this like if this question was asked, what kind of answer do we need to provide them.
Thanks in advance,
Sai
One more thing is I was with same client during that time period. So can I mention that I woked for a single client through multiple consulting companies?
Changing too many companies is not a concern as long as you were getting paid during your OPT. Carry your paychecks from the OPT period to show that you weren’t unemployed for more than 90 days.
Thanks a lot for the reply Saurabh. Your website is really helpful for starters like me.
Hi Saurabh,
Thanks for your reply. I have one more question. I am from Andhra Pradesh which belongs to Hyderabad Consulate region. I am currently in US. I am planning to go to india for my “FIRST” H1B stamping. Can I go to Chennai Consulate as even my place of residency do not come under Chennai Consulate? Please let me know your suggestion. I look forward to hear from you and appreciate your response.
Thanks,
Sai
As you are a resident of US and not India, you can go to any consulate of your choice. When scheduling the visa interview, you will have to select the option for US resident, and then it will show you all the consulates to pick one.
Thanks for the reply Saurabh. I already scheduled it for Feb 13 for chennai consulate. But yesterday heard some rumors that we need to go to a consulate only in our consular district so wanted to confirm. Thanks a lot for the reply.
Hi Saurabh,
I had my Visa interview yesterday at Chennai. Everything went well and really very few questions asked as I am a Full time employee. But I have one question. Vo at the end of the interview said your visa has been approved and you will receive your passport in week days. he kept back my passport and DS 160 form. Is it common that they will take back our DS160 confirmation page? When I check the status of my passport on VFS, it says “Your Passport is under process at U.S Embassy/Consulate.” Is this a common message or any administrative process message? VO did not give me any kind of slips. Please let me know and your help is highly appreciated.
Thanks in advance,
Sai,
Forgot to tell you, they said my photo was not good and took a new photograph and attached it to that DS 160 confirmation page. VO took back that DS 160.
Questions asked:
Who is your employer
What do they do
What is your highest education.
Sai,
This is the standard message when the passport is submitted w/ the consulate. If your passport is not issued within 1-2 days, then that is an indication that they are doing additional background check on your petition, which may require more time.
As this is your 1st H-1 stamping, they might decide to do additional background check. What industry are you working in?
Hi Saurabh,
Thank you for the reply. I am working as a Oracle DBA and my course of study is MS in Computer science. But the VO did not tell anything about administrative processing or did not give any slip. He said your visa is approved and you will receive your passport in weekdays. Please let me know whether CS people get the admin processing. I appreciate your response. Since my interview is held yesterday, I will wait till End of today or tomorrow. Can I call them and request for a status tomorrow?
Thanks,
Sai.
Saurabh,
Forgot to tell you. I am working as a Full time Employee.
Thanks,
Sai.
Sai,
CS should not invoke Technology Alert List, but I have friends who work fulltime and were subject to background check even after working in CS.
Yes, if the status doesn’t change in 1-2 days, you should call VFS and follow-up. It has happened in the past that officer said that the visa is approved, but put it in under administrative processing (most common being security check). Do you know if your petition was updated in PIMS? You can get this info from your lawyer/employer.
I think PIMS has been updated. Because, when I submitted documents at the front desk, they wrote some number on my DS 160 which probably I am thinking to be the
PIMS. Would that be PIMS? In the meanwhile, I will followup with my employer. I look forward for your reply.
Thanks,
Sai.
Sai,
I think they write down the case number of the interview on the interview letter. For PIMS, the consulate expects the petition to be updated in KSC and if it’s not updated, then it requests the same waits for it.
Hi,
I came to US through H4 in 2009.Then did a transfer from H4 to H1B in 2010.
Now applied for H1b Extn and got approval after RFE till Sept 2013.Planning to go to Chennai Consulate for Stamping in Feb 2012.I am working with in EVC model and the Client will not provide me a client letter due to security reasons, but have one from the Vendor .
Is it safe to go for Stamping ?Any comments will be appreciated.
I would suggest against it. If you don’t have the client letter, then chances are 221g would be issued asking for the same. Failure to submit it may lead to rejection. So unless the travel is really important, it’s better to avoid it.
Thanks Saurabh for the quick Response.
Even though I may not get a Client letter,the Manager from Client place can provide a email saying I work for the Client.I will be able to provide my approved timesheets also from Client.Will tht not be suffice ?Just curious to know as my India travel include other personal reasons also.
You can try w/ the best you can arrange and then hope that consulate officer accepts those papers in lieu of client letter. It’s the officer’s discretion whether they want client letter only, or can rely on other documents.
attended h1b interview on 23rd december 2011. Got pink slip, requires additional adminitrative processing. Did not ask for any other document other than resume. I am a permanent employee and getting my h1b stamped for the first time. I had changed from L1A to H1B from Oct 01 2011. I am the only one applied for h1b in my company.
I am still waiting for the response. It shows pending process.
I have already booked the return tickets. How long do you think it might take.
Unfortunately, 221g has no set time period. It can take few weeks to several months.
My wife went for visa stamping on Jan 4 and was issued 221g pink slip at Delhi Embassy. She is still waiting and will probably get her return ticket canceled 🙁
I will post back in case there is any movement in her process. I would appreciate if you can also let me know about your progress. BTW, did you also go to Delhi?
No, I went to Chennai Consulate.
Saurabh,
I have already told you about my case which is 221G green. The employer had sent the case for amendment (for client change) on premium during last week of November , but few days back when inquired they said the checks were not en-cashed which could have been an error from USCIS side. Now again they have filed it. What could have been the error?
What do you think how many days it will take? And is the USCIS concerned more on new petitions than the amendments like these? Even though premium, would it take time?
Thanks
PV.
Priya,
I don’t know what could have been the error. Did your employer contact USCIS to know what the error was and to get some sort of surety that the next filing will not run into similar issues? If it has been filed and processed as premium, then it will be adjudicated within 15 calendar days and would get precedence over regular petition filings.
They are saying like they timely filed a Premium Processing request for an Amendment as was requested. They attempted to get an update from USCIS on the case for several weeks and were not successful. They then checked with finance to see if USCIS actually cashed the checks sent for the petition. After finance was finally able to provide an update, they informed the team that the checks were never cashed by USCIS, which means they did not accept the petition for filing. At that time, they found that they had just received the returned petition from USCIS. USCIS incorrectly did not accept the amendment petition, thinking that it was just a CAP case.
Saurabh, can you please answer?
They can call USCIS and know why it was not accepted and what different they should have done to show that it was amendment and not a cap subject case. Then they can file the amendment petition again.
Hi Saurabh,
People in this forum are grateful for the help u r extending here..
I hav a question.
I had my H1B – PAI (09 Dec 2011) and I was issued a 221G asking for ‘Client letter’.
But my Client does not entertain the practise of issuing ‘Client letters’.
And the maximum they can do is to provide ‘Work order form’, ‘Master Service Agreement’.
When checked with my Immigration consultant, they say “This could be the worst case without the client letter and It is at the discretion of the consulate to accept other docs and issue the visa”.
Kindly throw some light on the possibilities of my case and any other alternatives..
Thanks in advance.
Ask the client if they can issue a letter stating that they do not issue client letters as a practice, and instead they issue Word Order form and MSA. You can then submit that letter along w/ other documents and try to explain the situation to the consulate. Then it’s up to them whether to accept it or not.
The other thing you can do is find another client, but that may involve change in LCA and I-129.
Saurabh,
Thanks for the info.
As u said, if I go for another client, shouldn’t the DS160 be changed (or) only the LCA and I-129 needs change.
Is making this change in I-129 called ‘Amending the petition’ ? If so, will it incur any additional fee to be paid to the consulate.
I think DS form would also change as your old DS form would have information about old client (location and duties). I think petition number remains the same even after the amendment, and so that doesn’t need to be changed in the DS form.
Yes, it called amendment, and it would require fees to be paid to USCIS.
Hello Saurabh,
I was issued a Form 221G during my visa interview on 18th Nov, 2011 and I worked from home. Can I bill those hours worked after the issuance of Form 221 G? My visa has now been rejected and the petition sent back to the USCIS, waiting for response.
Thanks
Jay
Even though you are not covered under H-1 immigration and work laws when you are outside US, but you should definitely ask your employer for the payment of services you provided even while working remotely.
Thanks a lot Saurabh.
But could there be any problems later on if I am employed in US again on H1-B? Am I eligible to work after being issued a Form 221 G? Am I still on valid work visa after issuance of 221 G?
There wouldn’t be a problem as long as you have adhered to all immigration laws. Same employer or a different employer can file H-1 petition for you, and you can go for another H-1 visa stamping and once approved travel to US to work on H-1.
Saurabh,
Even after petition is filed for amendment under premium processing, will the attorney or employer receive email from USCIS? What will the email contain?
For me, it is more than 25 days that it was filed but there is no reply. Employer has filed with all checks but they want to check with their finance team to check if it has been cashed. Do you have any idea why they are doing like this?
PV.
I think so, but I am not sure. Seems like employer wants to avoid talking to USCIS as much as possible. If the checks have been cashed that would be an indication that USCIS has received and started working on the petition. However, if they have not been cashed yet, then calling USCIS and checking on the status is a better option.
btw, they kept my passport and I797.
Thanks.
Hello Saurabh,
Thank you for all the service you do for people like us. My question is regarding 221 (g) pink slip. I went for interview on Dec 20, 2011 to Delhi consulate. The guy there asked me questions,
What do you do?
I said I teach Assistant Professor of IT, and gave him more details
What were you doing before that?
I said I taught as Adjunct assistant professor and told him I did my phd from the same university.
He then said, so you do RESEARCH?
I said yes I did (do, don’t remember which one I used, did or do).
Tell me about your research…
Then I told him about my research. After few more similar questions, he said go to window 30. I went there and they handed me a pink slip 221 (g). It asked me some additional documents e.g. Invitation, Resume, Research, Purpose, Funding, Travelers, and Travel.
I submitted those documents through email the next day.
I also asked the dean of academic affairs at my institute in US to send them email about my status, which she did.
Now I am waiting.
Could you please tell me why I got pink slip, and how long would it normally take. The dean also mentioned in the email to them that my coming back is very important as my teaching classes would suffer …..
Thanks a lot in advance.
Is this for H-1? Was your H-1 filed by a university, and if so what was the offered position and job requirements?
hello Saurabh ….
Yes, it is for H-1 …. It was filed by Education Management Corporation (EDMC) which runs the University. I work there as Assistant Professor of Information Technology. The I797 was filed by EDMC but the name of University is not on it. Could that be a reason? …..
I teach classes related to IT. I asked the dean of academic affairs and she sent them email saying that I reach there before the quarter starts so that my classes do not suffer etc.
It seems they want to see what your research is about and if raises any red flags or not. From your conversation w/ VO, his tone changed as soon as he came to know about your research and the documents are all related to your research and work. They might do a background check to verify the credentials and your research, and then decide whether to approve or reject the visa.
Thanks Saurabh,
I thought the same as one more person who was ahead of me in the line had similar problem, but this is so weird on the part of those VOs sitting there. Every PhD has to do research, if it were having any problems they would not be doing that research. It’s sad that they are troubling PhDs like this.
Do you think it may take long or they would be able to respond soon? I have to go back and start teaching as soon as the quarter starts there on January 14, and now I am stuck here. Also, interesting thing is that right now I am actively involved in teaching and not doing any research 🙁
Unfortunately, there is not set time frame within which they need to adjudicate the 221g response. It can take weeks or even months.
Thank you for your help.. my doubt is, my I 94 was expired on may-28-2011. my L1B extention petition is in “RFE response review” state (my company responded to
RFE on 15th Nov 2011). my 240 day time period is ending in 23rd-Jan-2012.my company asking me to come back to india (my base location) on 30th-Dec-2012,since there is a 3 months gap in project work. If I travel to my home country during the visa response review status, will it affect my future new visa approval or furture entry to USA by some other company.
1. Is there any possibility that my company can withdraw my petition which is in response review state and get the visa money back , once I reach india on 30th Dec?
if yes, and in case if my company withdrawing the petition, then this 200 days of my stay (from may 28) here in usa after my I-94 expired will it became illegal status ?
2. Is it correct that I should get the decision with in 60 days from the time we responsed to RFE ?
Consider it is very urgent and looking for your help asap..Thank you once again..
Your departure will not effect your processing or your future travel plans. Make sure you keep all your payslips and W2s, and proof of valid L-1 extension filing.
1. If the employer sees no reason of sending you to US again, then they can withdraw the petition. However, no money is refunded. If they withdraw the petition, then your stay wouldn’t be treated as illegal.
2. It is not the norm. At times, it can take even more than 60 days.
Hi Saurabh,
I appeared for my H1B interview at the Delhi consulate on 23rd Nov and was handed a 221g. I have not heard back from them yet and my status is still pending on the website. My return flight is on the 27th of Dec currently. Please suggest if there is anything I can do to expedite this. Worried out of my mind 🙁 Thanks for the informative article !
Aditi
Unfortunately there is not much one can do to expedite the process. What you can try is to contact your US senator and ask him/her for help. I have seen few cases where consulate took a quicker response after they were contacted by the senator’s office.
How long does USCIS take for premium processing when filed for amendment? I read that it is 15 calendar days but it is more than that now. What is the best way one can do now?
Your employer/attorney can call USCIS and ask why it’s taking so long. Has the PP check been cashed? I recently read few posts where regular H-1 wasn’t processed within 15 calendar days even though filed w/ PP.
Employer told me that the amendment has been filed with USCIS. What does this mean?
They have mentioned: ‘For cases filed through Premium Processing due to urgent business needs, the USCIS processing time is 15 days.’
Well that means they have submitted the amendment. But if it has been more than 15 days, then they should call USCIS and sort it out. Have they called USCIS?
I have been sending emails to them but there has been no reply. Seems like they are waiting for update from USCIS. Why would they be waiting even after 15 days?
I can’t think of any reason.
hi,
i am on h4 , my husband who is on H1b had been to mexico alone on dec 9 for his stamping for the first time after coming to US since 2006, he is working under EC model , he received a 221(g) white slip and was asked to go to his home country immediately and wait for further communication from USCIS.
But i and my kids we r still in US whereas my husband has already reached india. I have I-797 approval notice stating tht i’m allowed to stay in the US till 2013.
I would therefore like to know tht since my husbands visa is now under review and he is already left the country how long can i and my kids stay in US without commiting any default /offence which will make my stay illegal.
And also what are the consequences of a 221 (g )white slip in his case.
Also is it possible that USCIS send him a reply stating tht even his dependents (i and my kids) needed to leave the country immediately as soon as his status had changed and the notice was sent by the USCIS to him after some time, in tht case will i have commited a default of overstaying in the US
H-4 is considered as a family reunion visa. USCIS doesn’t want it to be used as a “parking” visa. If your husband’s stay outside US becomes really long, then it can be viewed that he is in India and you are “parked” in US. I don’t know how long can one stay w/ such an arrangement w/o raising red flags. Talk to an immigration lawyer on how long can one stay like this.
Did they ask for any documents in the 221g form?
Attended visa interview on Dec 2nd 2011. I was asked for employer related documents including a Contract between petitioner and client. The problem is the contract starting 10/01/2011 has not yet been completed. My question is,
What else can I submit instead of the copy of the contract. The end client will be willing to provide it.
PLease let me know
Usually contract is the most reliable document. You can check w/ your attorney on what else can be submitted. When is the current contract ending? If it is ending after several months, then you can submit that. Or ask the employer to submit an amendment to the contract (for extension) and submit that.
Thanks for your input. The contract already ended on 09/30/2011. The new contract is with the attorneys and may not be available until the 2nd week of Jan. Would it be advisable to submit the old contract+ letter from client stating that the contract is in the process of being renewed. Or is there any other way?
You can try doing that. It may work out for you. Is there no way to speed up the process to get an extended process?
No, there is no way to expedite the process. Another question, for client letter and notarized list of employees, will scanned copies work or do I need originals?
Scanned copies should work. You can mention that the employer kept the original for his reference and gave out the copies to you.
Thanks! Do people typically submit cover letters with their 221g documents? Who writes these letters?
The employer or you can submit a cover letter in support of your case including list of all documents that are being submitted and how they address each query raised by the VO.
Green 221g
Appeared for interview in Aug 2nd week 2011 with employer/client-f500 company (background vendor), got Green 221g in Chennai after living close to 4 years in H1B with clean record. Tons of documents requested, prepared and submitted in 3 weeks…
Blue 221g
But to get 2nd request asking notarized docs for the few previous sets after I withdrew pending petition
Pink 221g
DIRECT F500 employer (very rare getting job like this), appeared for another after 2 months and got Pink 221g, VO said case looks fine but additional AP asking all employers, sibling details, countries visited by VO#2.
Its been a month now, I see others appeared after me are getting the visas.
Is that I am common name Muslim? If yes, they have done the AP for 1.5 years 5 years back!!!!!! Can’t understand…..
Lots at stake now, family, kids, h1b-owned-home, employer-impatience, etc.
One thing for sure. We are hitting the wrong roads, we are not needed now otherwise they will knock our doors and issue the visa.
It looks like name check. I asume you were already working in US on H-1. If yes, then you can contact your local senator and ask him/her for help. I have read that it helps in speeding the process.
Good luck!
It looks like name, security check etc. But the big question is they had done it 4 years back for about 1.5 years and lived in the USA for 3+ years on h1b, then why are they doing (wasting tax payer’s money) again, rather they could have verified from previous h1b visa stamping transaction without risking the security areas.
Yeah planning to contact Senator and Congressmen but not sure the details needed, time frame they get back, etc.
Saurabh,
Is it safe to do premium processing for filing H1B amendment?
Thanks
PV
Because it involves I-129, premium processing should be available.
Saurabh,
Is it safe to do Premium Processing? They say, adjudication will be within 15 days. You know why I am asking this.
If you have all the documentation (especially that related to client/project) then it should be ok to go w/ PP. They have already found you and your employer to be credible when they approved the original 797. The only thing that is changing w/ this is the client information.
Good luck!
Thanks Saurabh.
Will this require to appear for interview again? As in 221G, it has been marked with passport and other documents to be submitted to VFS.
You don’t need to appear for interview again. You can submit all the required documents to VFS and they would process it against your file.
How long will this process take if applied through premium processing? Please tell this with your experience and other people’s experience. Is it worth the wait if all documents are clear?
PP would take 15 days for adjudication. If you want to work on H-1 ASAP, then PP is definitely the faster option.
Hi Saurabh,
I had my PAI at Chennai consulate recently. When petition was filed, I was with Client A but in between got changed to Client B. Everything was going fine during the interview except during one point when the Visa Officer asked for more proof on the letter received by USCIS showing change of client from Client A to Client B and not LCA. She provided me a 221G green slip writing this even after telling her about the client change and the new LCA. I also showed her the client invite letter but she said that was not enough. She had not ticked anything in the slip but had written the note and rounded on the documents to be submitted along with passport to VFS center.
Does she want the I129 to be amended? Will this take a long time? How can this procedure be expedited?
I have read that H1B is location specific so it’s enough to update with new LCA but this seems to be new being done by the officer. May be, they do not want many people to enter US?
Your reply will be helpful for many.
Thanks
PV.
As per rules, a I-129 needs to be amended when there is material change. However, USCIS rules are not very clear on what constitutes as material change. One USCIS center considers LCA change to be a material change and wants I-129 to be amended every time LCA is is amended. The other USCIS center is not so strict about it. It is expected that USCIS would provide more clarification on this soon.
As the wordings aren’t clear, consulates are also following similar logic. They expect I-129 to be amended every time new LCA is filed. So in your case, the officer is expecting an amended I-129, which may take 2+ months. I think you can expedite the process by filing w/ premium processing ($1225 more + adjudication within 15 calendar days). What is your employer saying?
Good luck!
Saurabh,
In H1B, there is always possibility that clients might change several times in a year based on project needs. But on this aspect, have you heard cases like this in recent times? If they need I129 updated every time a client changes, then that should be an easier process and should not take 3 months.
My employer is yet to get back on this. When I even asked them before if something needs to be changed due to change of client, they said it is mandatory to change only the LCA and not I129 forms or the justification letter. This has come as a big shock to me after a long wait. Is there anything to concern more on this?
When procedure is not so clear, why do the consulates do like this?
Thanks
PV.
Yes, I have heard about such cases where 221g was refused because of mismatching LCA and I-129. Yes, there is not much clarity on this, and USCIS has been contacted by several lawyers/companies to provide more clarity. That is why I said they are expected to come up w/ more clarification on this. Until then, one should err on the side of caution and always keep LCA and I-129 in sync.
Now, what should I do? I had to travel as soon as possible but now this has come as a deterrent.
Saurabh,
I have been following the redbus thread for the past 10 months even when I had asked you about change of client sometime back, you had mentioned only about LCA and not other forms. I was hopeful that there will not be any problem in H1B but this I am not sure how long it will take. I didn’t find my case also online in the case status report of the US consulate website.
It is a whole disappointment for me after a very long wait…
At this point, the employer needs to file new I-129 and once it gets approved, you can submit those documents to the VO. If desired, it can be filed w/ premium processing.
Until recently I had also been under the impression that only LCA needs to be modified, but in last few weeks I started reading about cases that said otherwise. Last week I read an article on an attorney website which explained the whole situation (different agencies using different yardsticks) and mentioned that USCIS is coming up with more clarity about the same. Since then I have been advising the readers about the same, but I didn’t go back to update all previous comments as it’s really not possible for me to track and update them. I am sorry about that. I think your employer also thought the same and that is why they just filed the new LCA and not an I-129.
Saurabh,
Please don’t mistake me, I don’t want to blame you. I am disturbed by the proceedings and what I meant was if I had known this before, could have done the best to avoid the situation.
The lady did not check any options in the green slip but she wrote just the note. So my employer says that she does not ask for amended I129 but a proof for client change. They are saying this is something new that they are finding in my case though 90% of cases are like this with client change. Are you sure that the rules have changed and that I129 needs to be amended? or only the justification letter could be changed? Or any other letter which needs to be submitted? Can you enquire and let me know if you are not much aware of this?
I am unable to find my case status online also. What could be the reason?
Thanks
PV
The thing is there is no official rule on this, and there is lot of confusion. Like I said earlier, some cases it gets approved w/o amended H-1, while in other cases amended H-1 is required. So its better to err on the side of caution.
Ask your employer to consult an immigration lawyer on what needs to be submitted. I think it’s amended I-129, but you can check w/ an attorney as well.
Good luck!
Got 221G Blue form on 2nd Sept. The VO requested me to submit I-129 and LCA forms. More Details below.
Date Of Interview : 2nd Sept
Date Of Doc Submission:6th Sept
Date Of Passport Request :24th Oct
Stamped Passport Collection : 31st Oct
Hi,
I got a call from embassy eventually. I was asked to visit embassy. I was not told whether my visa has been approved or not. I was not asked to bring any specific documents also. Once again, FYI- my interview was on 5th Aug. I was given a 221.g white paper and told that my application needs some Administrative Processing and now i got this call.
My question: could you please let me know what is likely to be happening here ? Is it something my visa has been approved and on the next visit they will take my passport to get it stamped ? OR it’ s more likely to be something else.
I am too much worried on this. Please advise.
Br,Rahman
Hi,
My H1b visa inteview date was on 5th Aug-2011.
I applied from a different country as a TCN(Third coutnry national) as i am wokring there now.
No document as asked by VO and my passport was given back.
I was given a 221.g white slip.
VO told that they need to do some administrative processing.
I asked whether my VISA is going to be approved. VO replied “everything seems ok. But they will call me once the AP is done. It would take couple of weeks.”
Now it’s Sep-2011.
Could you please advise whether i should contact embassy to get some update?
Or should i wait some more time?
Another point: From the above description, do u think my chance is higher to get visa ? or it would be rejected.
It has been more than 30 days since 221g was issued. You can contact the consulate, but I don’t think you would get anything meaningful out of them. If the wait period approaches 60 days, get your employer/attorney involved. If you were working in US prior to this stamping, then you can contact your senator for help as well.
Hi Saurabh
Myself and my wife H1b/H4 visa interview on 09/30/2011 on a EVC model at Hyderabad. At the end of the interview, the VO acknowledged our visa was approved but retained our passports along with I-797,I-129 petition,LCA,client letters,pay stubs etc. The VO promised to return our passports by 10/07/2011. On 10/18/2011, when I enquired about my passport via email, the VO responded to me stating that my case implicitly went into admin processing and issued us case#. Since then I have made congressional and senatorial enquiries about my case and received my same standard replies. Now its already 139 calendar days still VO retains my passport. Since its already a while, what are the chances of myself getting our passports stamped with visa. Do you think a positive result might emerge in my case or anything?
Thanks
Naveen C R BS
Naveen C R BS,
It’s tough to predict whether it will be approved or not. In addition, there is no way to know how much time it will take. As you have already tried all options (including Senator), the only thing you can do now is wait patiently.
Good luck!
Thanks for your fast response.Does the VO really keep my case in cold storage or what will be the intent in keeping our passports at consulate? There are two things the VO returns our passports if a final decision is made or VO should ask for addl documents from before he provides a final decision. Neither the VO makes a final decision nor returns my passport.
Naveen C R BS,
Usually they keep the passport when they feel that visa would get approved. However, there have been cases in the past where they initially kept the passport, but then returned it back through courier and continue processing. If they need additional documents for processing, they will ask for it, else they would process w/ whatever document/information they have. Because of the lack of any SLA and oversight, if they want they can just sit over the case.
Typically EVC model employees are worst hit, and I have seen instances where it has remained pending for several months.
hi rehman im basically from india but now in uk..waiting for my h1b approval
do i need to go to india for my visa or can i apply in london embassy
plez reply
No, you don’t have to go to India. You can attend in UK.
Hi, My husband and I went to Delhi consulate for our H1 visa stamping on 30th june. I got it stamped but my husband’s case underwent administrative processing and is still under process. my son was filed as his dependent and is on H4. He too didn’t get it approved. They both are in India and our school system begins on 17th Aug for us and on 25th for my son. We applied for withdrawl of visa application for my son so he could be stamped as my dependent and can travel with me. We waited for another month and didn’t recieve any withdrawl confirmation. Moreover there were no dates left for visa interview in August so we emailed them asking to withdraw our request for my son’s visa application withdrawl. Is there a away my husband and son can be with me in US while his case is under administrative processing. please help.
There is no way to speed up the process. The only other way is to file as H-4 visa as your dependent and enter US on that visa. But then he would be on H-4 and not H-1 in that case.
Apply for Business Visa with valid reasons if can’t apply on H4 for your Hubby.
Hi,
I have got my H1 visa extension in Mar’11 and I have got the full visa ext till Oct’2013.If I go to India, I need to have stamping done. I am planning to go to India this Nov and I have booked the tickets too. What is the current situation in Hyd consulate? Can I get stamping done with all the docs including client letter? Pls let me know.
Thanks
hi Saurabh
i am working as an accountant in X gas station my I 140 has been approved but now i came to know that other person who is working as an assistant accountant com cashiers has been given as an accountant htb post his i 140 is also approved total people working is 3 out of that 2 accountant i am bit confused if i contiune working to this firm do u think there may be some problem in futher & if i change the organization do i have to go through all this lobour & i-140 processers again from beganing. please advice my renewal is very near onlt 1 month left $ my owner is not showing any interest i am with my wife & 3 kids out of which 1 is born here. please advice i am quit panic & confused.
thank you looking forward for your reply’
What’s your work visa? If H-1, then how many years have you already spent in US on H-1?
@MMarlene .. not really. It just means that the people in these consulates want to harass people because these people who are asked fo submit all these papers have already done so when their petition was filed and approved. By asking for the same details again, this is just harassment to discourage people from travelling or saying that their collegues in USICS is not doing the job right.
If there are people in US who are qualified, its the companies task to find them and employ them in their company and not the job of these consulate staffs ..
This is good news. It means that finally USCIS is opening it’s eyes to the fact that IT workers from India are ordinary workers doing ordinary work for which there are tons of available and qualified IT workers already in the U.S.
@marline, you are mistaken… Available Americans are below ordinary…and so US companies are looking for the ordinary Indians.