One of my good friends Sri attended H1B visa interview in Chennai and initially got 221(g) query and later got H1B visa stamped in his passport after submitting necessary documents. Congratulations to him on getting visa ! He was kind enough to take time and share his experience with our readers. Thanks to Sri for sharing his experience with us. You can share your experience with our readers as well, by emailing it to redbus2us(at)gmail.com.
Background of H1B visa Interview scheduling
My initial Visa interview was on Feb 25th 2011 at the Hyderabad consulate. I’ve arrived in India on 18th hoping to submit my documents on 21st as Hyderabad consulate expects to submit all the visa documents 4 working days before your visa interview. I’ve realized that 20th is a holiday and there is no way that I could submit the documents and consequently could not attend the interview. Hyderabad consulate does not give out the list of holidays, it just posts for every fortnight or week I guess. So, I rescheduled my interview to Mar 8th at Chennai consulate.
H1B Visa interview Questions by Visa officer (VO):
Me: Hi, Good Morning. How are you?
Visa Officer (VO): Hi. Can I see your I 797?
Me: Yes. (Passed my I 797)
VO: Which company do you work for?
Me: My company name
VO: Are you happy with your company
Me: Yes
VO: What is your role?
Me: Programmer Analyst, I work on a compensation product for insurance companies.
VO: Can I see you client letter?
Me: Yes. (Passed it on)
VO: This does not have Work Itinerary. Do you have a work itinerary?
Me: Sorry
VO: This does say from which date you are working from.
Me: It does have the my employment dates.
VO: Yes but does not have dates from the previous clients.
(While explaining what a Work Itinerary is and during the discussion, she pulled up a blue form and started checking a few boxes)
VO: I’m putting your application through administrative processing. You need not come for the consulate for an interview again. Here is a list of documents that you need to submit at the drop box.
Me: Where can I drop them?
VO: The details are on the back.
Me: Thank you.
Documents Submission & Response time for 221(g) Query :
After that, I’ve asked my employer for a work itinerary. He passed me on one with all the dates. I’ve submitted all the relevant documents along with my passport at the Hyderabad VFS office. After a week, I got back the entire document set highlighting a document that I’ve missed. After a couple of days, I’ve resent all of them again. After 3 weeks I got my passport back without a Visa stamp. This time, I also got another blue form with my case id on it. After another 3 weeks I got all my documents back and the original blue form was commented “return passport”. I’ve sent my passport and go it stamped and returned in a week.
The entire process took 3 months. Had my company been a little more attentive, it could have been complete in 4 – 6 weeks.
You may also read : 6 Tips from H1B visa stamping 221(g) query
I had my H1B interview last week. It went for 8-10 mins. Officer started with general questions and then asked more questions on client details.
Then she took the printout of the questions and answers that were asked/given, and I was told to sign. Then she also signed and stamped on that paper.
Then again some personal questions like Married? Education?
Then she asked “Have you read the white pamphlet?”
At last she said your case needs administrative decision, and gave me pale blue 221(g) form and said you are not required to come to consulate again personally and no need to submit any documents.
Any suggestions on this. What do I have to do? Keep checking pdf for my CEAC?
Diren,
Yes, that is the way to track your status. There is no set processing time and it can take few weeks to several months. There is no action required from your side at the moment.
Hi,
I had First H1B Visa Interview @ Toronto and got 221g Yellow form. Is there anyone in with the same situation. Please share any similar experiences. I have no idea how long will it take.
I am thinking of going to India but i had only single entry Canada Visa, so i dont know how long will it take and how easy it takes to take Canada visa from India so please let us know any info about this. Would also like to know is it illegal to to send passport to an individual in India via DHL from an Individual from Canada ( This is just in case if i authorize my friend to pick up my passport in canada and ship it to me)
Hi Saurabh,
I have an L1 blanket visa, recently I got married on 29 march 2010, we got our registered marriage certificated. We scheduled visa interview for my spouse on 9 April in BKC Mumbai consulate. US consulate officer was asking my wife to show Nikah Nama document stating we are Muslim and we should have it. Our Nikah ceremony was scheduled on 20 April, so officer issued my spouse an 221g blue slip stating to submit Nikah Nama document. We have submitted document and waiting for reply. Usually how much time it might take for dependent visa to get approved after 221g slip.
Thanks in advance!!
Parvej,
There is no set processing time. It can take few weeks to several months to process. I presume it will be on the lower side in this case as it’s just the missing nikah-nama.
Hi,
Can somebody help me out with a query
I have L1 Visa and was approaching a consultant to file my H1 Visa but the question here is i’m supposed to leave US by Mid July 2012 and if my H1 is approved till then whether i’ll be able to stay in US till H1 get’s active(1 OCT).is their any Cap Gap for IT professionals
Samir,
There is no cap-gap for people on L-1. You will have to leave US once L-1 employment ends and then return to US on stamped H-1 visa to work on H-1 (around Oct 1).
Thanks Saurabh for your reply
My L1 is good until Sept 2013 and i need to stay back atleast till October 2012,can you please suggest something
Samir,
You can stay back on L-1 only if your L-1 employer agrees to it. You cannot stay back w/o maintaining L-1 visa status. B-1/2 may be an option, but it involves too many complications (do L-1 -> B-1 and later B-1 -> H-1), and it should be avoided.
You can discuss more options w/ your H-1 attorney.
Hi Saurabh,
It is very nice support.
My current status is L1B, Now i am in US.
Please send me details, how can i approach to apply H1.
My wife applied for EAD and if she gets job & H1 from the employer, what is my status.
Is my question valid?
Ajay,
If she gets H-1, she can move to her own H-1 status, and you can continue to remain on L-1. There is no impact on you. For your own H-1, you need to find an employer and ask them to file H-1 for you. It can be filed either w/ COS or w/o COS. In case of former, your status will change to H-1 from COS approval date (typically Oct 1) and you will have to start working on H-1 from that date. In case of latter, your status remains L-1 even after H-1 gets approved.
Hi Saurabh,
I recently attended Visa interview. They have given 221g form but didn’t asked to submit any documents. They have crossed all the docs list in the form 221g. VO was giving me the white pamphlet. They have taken passport and approved I797. The girl said you will passport in 3-4 weeks.
Can you please give me the details about visa. Whether it will get approved or not.
Regards,
BVM,
It is not possible to guess whether it will be approved or not, as each case is unique. Are you working for a consulting company? If yes, then are you in EC or EVC model?
Hi Saurabh,
I got the direct offer from American Company. They have client and I will work for them. I dont know about EC or EVC model.
Regards,
BVM,
So it’s an EC model – employer-client. They might be doing background check on employer/petition/client and will approve/reject it after they complete their processing.
Hi Saurabh,
Today my PA has been done and i got blue form(221g) indicating to submit client letter. If i submit the client letter immediately, in how many days i could expect my visa to get stamped and are there any chances of rejection in case of 221g.
Sandeep,
There is no set processing time. Once you submit the document, it can take anywhere from few weeks to several months.
Hi Saurabh ,
I had H1B (Didn’t used ) , And L1B Visa with Employer A . and I changed to H1B COS on Dec 2011 with Employer B (Working mode EVC ) . I am planning to visit India this summer what are the possibilities to get stamp on Chennai consulate. I have the following documents.
1. Employer B offer letter.
2. Employer B and Middle vendor contract letter.
3. Copy of Middle vendor and Client MSA (Mast service Agreement) .
But client is not ready to issue any letter directly to me..It will cause any probs for stamping.. ?
Karthi,
Yes it can cause an issue. The officer can ask for client letter and also explanation of how employer exerts control over your day to day activities (i.e. employer-employee relationship). Try to move to EC model at least before going for stamping.
Thanks Saurabh . If I change my H1B employer to client (Client ready to hire me but worried about rescission periods and GC process ) the process will be smooth or they will raise any question about L1B — H1B COS — H1B Transfer.. If they raise what is best approach to handle those questions..
Karthi,
I don’t think it will be an issue as long as you have maintained legal status all the while and are going through an employer who is reputable and has necessary documents to support your case.
i got my job offer letter,my agent is telling that he wil send my passport to chennai, is it correct are fake, can u tell me plz
mohd moin pasha,
You need to personally appear for any US related visa. Passport cannot be sent.
Hi,
Recently I have attended the H1B visa interview and I received 221(g) white slip asking more details through an email. I work for one of software company.
In the email they have asked me for the resume in .txt form and invitation letter from organisation(am considering it as client letter).
They have sent some question in the mail also like name, fathers name, mothers name, US contact, company name and address etc.
They have asked for itterniry details too, but my company people are saying that my visa is not yet approved and hence asking me to mention that “Not yet confirmed waiting for the visa”
So please suggest me do i need to have that itternery details?
Also tell me how long will it take to complete the process and get the visa.
Jai Thakur,
I don’t know if writing that would work or not. If you don’t know specific dates (as your visa is not yet approved), you can mention tentative dates like Jan-Aug working on blah blah … Aug-Dec yada yada … etc. In the end, go w/ your what your employer/attorney is suggesting.
There is no set processing time and it can take few weeks to several months to process.
Hi Saurabh,
What are the possibility of getting visa approved? I have received email from them which is asking very simple question like.
Name, Father Name, Mother Name, Company Name, DOB, Edu Qual. and other country visa details.
I have received 221(g) white slip, so what are the differences of white blue pint ect….
Also what will be the minimum and max duration. I know its depend on case to case. So just wanted to know what will be the minimum duration..
Jai Thakur,
This looks like a background check query. In the past, they have been resolved within 3-4 weeks, but some cases can take longer. A consulate has different color sheets for different reasons.
Hi Saurabh,
Thanks for your kind reply.. I have below query
Online status of my case is showing as
“Your case is currently undergoing processing. Please continue to check this website for updates on the status of your case. Any new information received will be posted to the website.
”
So nothing like background or administrative check is mentioned so what does this status says?
On VSF visa track it says that my visa is with US embassy.
Thanks,
Jagdish
Jai Thakur,
They have pretty standard messages for all kinds of processing. So one cannot determine much from the wordings of the status.
Hi Saurabh,
Till today morning i was able to track my visa status from Hyderabad consulate site. And the status was
““Your case is currently undergoing processing. Please continue to check this website for updates on the status of your case. Any new information received will be posted to the website.”
But by today evening am not able to track my status and am getting below error message.
“We were not able to identify Case # 2012XXX-XXX-X, Please make sure you have entered your case number correctly.
Example 1: If the number on your form is 20091013330001, type 2009101 333 1
Example 2: If the number on your form is 20102550210011, type 2010255 021 11”
I have double checked the case # and it was correct but am not able to see the message which i was seeing in the morning.
What will be the reason for this ?? is there any problem? Is it negative sign?
This is my third week and still i have’t received my visa..:-(
Please reply.
Thanks,
Jai
Jai Thakur,
This usually happens when there is a technical glitch on their side. You can re-try after few hours/days, or else call VFS to follow-up.
Hi Saurabh,
Thanks for the help and information. I had 221g query and today i received the passport. It took me 1 month.
Thanks a lot…:-)
Cheers,
Jai
Congrats Jai! Have a safe trip to US.
Hi Saurabh,
thanks for running this helpful site! Im currently completing a graduate degree at a top US university on F1. My employer (a major US company) has filed for an H1 through their lawyer and expects the petition to be approved. I have OPT but am not going to use it and am planning to go to India in summer to get an H1B visa stamp at the delhi consulate. I plan to start my job later in the year (after Oct 1st). Reading stories online Im worried about the processing – Based on your experience do you think it should be an easy process? Also, I was wondering if there’s anything I should do to prepare – some websites suggest to get a certificate of good conduct from local police if already in the US. thanks for your help again.
Nitin,
Chances of approval will depend upon your profile, employer credentials, and offered H-1 job. I have hardly seen anyone carrying certificate of good conduct from local police.
Hi Saurabh,
Thank you for your quick reply! I think my profile is reasonable and my employer is very reputed so I’m not so worried about that…Im worried about the 221g administrative processing that im reading about – in your experience, how often do they ask for this and usually how long does it take – on this website it says some people have been waiting for over 5 months!!!
thanks
Nikhilesh
Nitin,
If the employer is reputable and you have a strong profile, then chances of 221g getting issued are less. Most of them are issued for people working in consulting for small-medium employers in EC or EVC model. Yes, direct employees also face this issue, but chances of 221g are less for them. There is no set processing time and can take few weeks to several months depending upon the 221g reason.
Saurabh
Thanks for your helpful reply!
nitin
Hi,
I went for H1b stamping in Mumbai Counsulate in September , 2011 and was given a 221(g) blue form . My employer had submitted the requested documents which were recieved by USCIS in November, 2011, I have no updates yet on my H1b status.
Can my approved H1b petition and I-797 be used by a different employer for H1B transfer? How much time does the H1b transfer process take overall? Please note, I am currently in India.
Deepak,
Yes another employer can file cap-exempt petition for you at this point. Transfer would take 2-6 months (regular processing) or 15 calendar days (premium processing). If RFE is issued, then that consumes extra time.
So finally my fresh H1 petition is approved. I am gearing up for stamping. I work with one of the top IT companies as a consultant. So what do you think about the chances of getting a refusal or slip? Based on your experience which consulate has the least refusals / slips ?
And thanks again for helping us out with your sound advice!!!
Hi,
MY H1B petition is approved on last month and my PAI also scheduled on next week.when i applied my H1B, i was working for clien A and locatino X. but after my petition approval my client and location changed to B and Y.
now i have new LCA and H1b amendment letter which is sent to USCIS from my employer.
Pls let me know any thing needs to be done before going for PAI.
still my visa will be approved by consulate
Thanks,
ram
Ram,
New certified LCA and H-1 amendment should be sufficient to handle change in client and location. You would still need the other set of documents required for regular H-1 visa stamping through a consulting company.
Hi sourab,
Just want to know what is that “Letter to USCIS”.
Hi saurabh
mines is cap exempt i went to US consulate for the interview on 23rd feb 2012.
asked questions
who is employer, client, how long u been married?reporting manager?who is onsite manager?howmany employees are working behalf of u r employer?employer and cleint located in same street right? got doubt…and asked about letter to USCIS from petitioner hand over to VO then asked cleint name didnto mention in that ..i replied mention in 1-129 finally took all docs and passports and issues 221 g blue AAP ..said within a week you will get u r passports.
so please let me know how far chances are there still any hopes or no?
thanks in advance.
Rajiv Reddy,
There is no way to provide a concrete answer, but as they have kept the passport it is definitely a positive sign. Although the VO said one week, there is no set timeline for 221g processing. It can take weeks or even months for them to complete their processing.
Hi All,
I have recently got my petition approved for H1 B . After approval I got my married certificate . So now , I don’t have my spouse name added in my passport nor her passport has my name as spouse .
1) Is it mandatory to have spouse name added in my passport and my name added in her passport while I get dependent visa for her.
2) If I get my spouse name added to the passport it would result in passport number change ( as mentioned by Passport guys) , would it have any impact on my petition, for Visa interview?
Thanks
Abhi,
1. Marriage certificate should be sufficient in case names are not mentioned in the passport.
2. It won’t result in passport number change. They would add a note on the 1st few pages mentioning your spouse name (at least that’s what happened in my case).
Thanks a lot Surabh for your response
But I just checked again with passport office and they said according to new rules they would surely provide me with new passport and new passport number .
So I am not sure will that affect my petition . Any guidance would be of great help.
Thanks
Abhi,
That might be a new rule then.
Even if they issue new passport it would be better to get it before the visa stamping so that your visa gets stamped in the new passport. It will be ok if your passport has changed since the petition was approved.
hi Saurabh,
I am unaware of the H1B stamping process.
Can you please send me a link where I can find the relevant deatls, form names & blue slip, yellow slip meanings?
Thanks!
Avijit,
You can go to the archive section and search for ‘stamp’ to learn about stamping process and experiences.
In general:
– fill the DS-160 form
– submit fees at participating HDFC bank and get the receipt
– schedule interview using the HDFC receipt and DS form
– attend the interview
– if successful, passport will be returned w/ stamped visa
– else they would issue 221g asking for additional documents (if any). You will have to submit them and wait for them to complete their processing
The process is also explained on VFS site
SUB:- Indian working in Singapore to apply H1B
Hi Saurabh,
My employer missed out the h1B application date in year 2011. But then the emplyer gave me option to work in singapore and in the meantime apply for H1b by april 2,2012.
a)Will start working in Singapore and immediately applying for the H1B will create a problem in approval?
b) Is there any minimum period for which I need to work in Singapore and only then I can apply for H1B.
Thanks for the clarifications.
Rajeev
Rajeev Sharma,
a. No, it won’t impact
b. No, there is no such requirement
Hi Rajeev,
I am stuck in India for past 6 months on 221G. Meantime, I am looking for opportunities in Singapore. Could you please tell me if you know any Desi employer who provide placements in Singapore?
Thanks in Advance
Hi Saurabh,
Please suggest me on my case..
My H1B petition got approved on Sep’11 from Employer A, with the approved petition I have taken my VISA interview on Oct’11 and got 221(g) 🙁 I have dropped all my documents on Nov’11 but not received any reply from US Embassy till date.
Now, irrespective on this 221(g) result can I ask Employer B to process my VISA on approved petition from Employer A??
Please kindly respond to this post.. Thanks in Advance!!!
Thanks
Shri
Yes, B can file cap-exempt petition for you while you are waiting result on current visa stamping. B first need to file H-1 petition for you (cap exempt aka H-1 transfer) and once it is approved you need to re-appear for visa interview.
Thanks a lot for your Reply Saurabh!!
In this case, case you please tell me while filling DS-160 form do I need to mention about my first H1 case as well(as waiting). If yes, will it cause any problem for the second VISA approval?
Thanks
Shri
I don’t remember there is any question specifically asking about current H-1 petition.
However, there is a question asking if you have ever been refused visa stamp. The answer to that should be Yes, as 221g is considered as refusal.
Hi Saurabh,
I am currently working in US on L1-B and its valid for 2 more years. I want to apply for H1 this year, but not with current employer. Can I apply for H1(with different employer) while I am working in US on L1-B. Also what is the best way to look for prospective H1 employer directly in US.
Thanks.
Yes, a different employer can file H-1 for you along w/ COS. Once H-1 w/ COS is approved, your status will become H-1 from that date and you need to stop working for L-1 employer and start working for H-1 employer. You don’t need to go for H-1 stamping as long as you continue to reside within US.
Regarding how to find an employer, try following avenues:
– your network of friends, colleagues and family
– job sites like dice, monster
– list of past filers on site like FlcDataCenter
Once you find prospective employer, ensure you thoroughly check their credentials and past filing records. Preferably go for employers that are not too small and not in EVC or EVVC … model.
hi,
i went for my h1b stamping to mumbai embassy on 1st dec, and got a BLUE form 221g.
Now, i am not sure whether to continue with same employer or look for new employer….which is better option? — since formm 221g response can take many months, while h1b transfer takes only few weeks. so which is better option?
Is there any disadvantage is you do NOT submit response to 221g blue form?
secondly, how long is the I-797 valid from the date of issue?
You must have seen what 221g is about. If you have enough confidence that your employer can arrange for the documents (I think it is for client info, employer-employee relationship etc), then you can submit those documents and wait for the decision. However, if you don’t have confidence then it’s better to find a new credible employer. When filing through a new employer, you no longer need to worry about existing 221g.
Validity of 797 is mentioned in that document itself. It can either be for 1 year or 3 years depending upon what USCIS approved.
thanks saurabh.
so i would like to switch to new employer since the current one is acting wierd.!!
can you refer me to some other h1b sponsors …i mean i already have the i-797 and they would need to just do a transfer. i would love to have the h1b stamped and move to US on that visa.
also, can the current employer cancel the i797 which they have got approved from uscis, if i choose to ditch them?
The current employer can send an application to USCIS to withdraw the H-1 petition, but you can still use it to file cap-exempt petition (aka H-1 transfer) as long as you have a copy of the 797.
Regarding how to find an employer, try following avenues:
– your network of friends, colleagues and family
– job sites like dice, monster
– list of past filers on site like FlcDataCenter
Once you find prospective employer, ensure you thoroughly check their credentials and past filing records. Preferably go for employers that are not too small and not in EVC or EVVC … model.
i can still use the i797 even if the employer withdraws the petition? how does that work? dont they cancel the approval notice?
since i am ditching these guys, they may do something like this just to make things difficult for me. so i am little bit concerned.
Also, if i am filing cap-exempt h1b, does it have to be in tech or can it now be in any field that is not necessarily a h1b occupation? (like communication, social media, biz dev or other such non-tech fields?)
Yes, you can as withdrawing the petition doesn’t push one out of the quota. You will still be considered to have made through the quota.
It’s not necessary to inform your current employer until your H-1 transfer is approved. This will give you a little more surety that they won’t withdraw the petition.
The petition needs to be for a job for which you can qualify based on your education and experience. If all your education and experience is non-tech, then filing H-1 in technology is not a preferred option.
I read somewhere that you cannot apply for h1 transfer unless you have a stamped h1b visa.
I am confused bcos your reply above seems to contradict this statement. Which one is true?
Can i now go to the US on my B2 visa, and then try for h1 transfer there? will i need to come to india for stamping?
Can i hold my employer liable for not answering my h1b related queries and making me feel completely confused and frustrated and also wasting many months of my time simply bcos they are not providing clarity on my h1b questions?
Not true. Having visa stamped is not a requirement for H-1 transfer. This about this scenario – a person studying in US on F-1, applies for H-1. No visa stamped in this case. This doesn’t mean that the person cannot change employers.
You cannot held your employer liable for their lack of interest in helping you w/ your H-1B visa.
B-1/2 visas are meant for business/training/meeting/tourism purpose. Any other purpose is misuse of visa and if USCIS feels that the visa was misused, then they can deny the H-1 COS.
1. Which one is more advantageous in terms of time saved and making it easier for new employer? — i.e. keeping the old petition alive (by responding to 221g), or withdrawing the old petition and filing a new one?
2. Does it work against me if the old employer withdraws petition – not sure what reasons they will cite as we have probably burnt bridges. Is there anythign to be worried / concerned about here?
3. If approved petition is withdrawn, how long does it take for new employer to get me onboard? (new petition takes a few months again? or is it not required anymore?)
1. As you plan to work for new employer and 221g has no set timeframe, your new employer can file for H-1 transfer and then you go for stamping. You can leave current 221g as is.
2. Even if they withdraw the petition, the new employer can still file the H-1 transfer and you can proceed as per plan.
3. H-1 transfer would take 2-4 months under regular processing, and 15 calendar days under premium processing. If RFE is issued, then it could take longer.
So, basically, what i have achieved by this whole exercise is just this —
I am now able to get a h1b transfer visa within 15 days under the cap-exempt category.
Correct?
Can I report them anywhere if they are not responding to my emails and further delaying the refund of security deposit amount? basically, just trying to trouble me bcos i have withdrawn my visa from their company? it’s a ego issue for them — pathetic.
Yes, it can be done if filed w/ PP and assuming no RFE is issued.
You can discuss your legal options w/ a lawyer. If you signed any contract w/ their Indian office, then it will have to be taken up in India, else you can complain to DOL. But first consult an attorney who can suggest best course of action.
Unfortunately, I think advices given by attorneys here may not be the best course of action.
Does it make sense to report to DOL ? wont this be like hacking your own feet? Considering the way consulting companies operate and once we apply thru them, we are part of the situation?
Is it advisable to report this at all or is my concern unnecessary?
They are obviously being evasive to express their anger and to further trouble me and delay me.
As per vfs, (on phone), a new employer cannot transfer my h1b until the existing 221g is responded to.
I am completely confused now about this. Also, as per the vfs person on phone, i should write to the embassy that i want to withdraw my application. I am not sure if this makes sense to draw so much attention and to report a matter like this — is it practical to just forget it?
Is it correct that new h1 transfer cannot be done as long as the current 221g is still open? Why is there so many conflicting replies to the same question, and t creates so mcuh of confusion.
What is the actuality of this situation? Is there anything to worry about? Is the vfs person correct? does it make sense to report to embassy/DOL about this or does it get us into trouble?
You can report to DOL only if the employer has done any violations. So if they didn’t pay you salary then you can complain to DOL, or if they asked you to pay for H-1 filing fees then you can complain to DOL (or USCIS, not sure). If they have stopped responding to emails and not co-operating, then there is not much you can do about it. Were you working in US prior to this stamping visit?
I don’t expect VFS folks to know about H-1 laws. I have seen articles written by renowned lawyers who have mentioned that H-1 can be transfered while under administrative processing, and posts about experiences where it actually worked.
Here is an article that I recently wrote on 221g, which may contain more information for you.
Let me know if you have any other questions. Good luck!
SO, does this mean that if your sponsor withdraws the petition without informing you, the USCIS will still send you a NOIR or a NOID in any case, and you will be aware of your options? And also, you will have 30-60 days before this happens ?
Secondly, i think the biggest worry or issue is that most people are seeking a refund of the deposit, and usually once you argue with them, they may make it difficult to get a refund. If reporting it is not an option (bcos of self-incrimination) then maybe the money is lost???!
It seems that it is no use withdrawing the application; maybe it is better to respond to the 221G instead and continue to co-operate with your sponsor – even if you may not be in agreement – simply because there seems to be no other way out? That’s how it seems to be – correct?
If the employer withdraws the petition, then the online status would change to something like ‘withdrawal request received’ etc. If consulate rejects the visa, and sends it back to USCIS then they would issue NOIR or NOID and send it to the employer. They are also notified about the available options and timeframe. You will not have access to that information and will only be intimated by a response from consulate that they are no longer handling the case and it has been sent back to USCIS. To get that information, you will have to contact your employer.
You can let the current processing go on, and hope that employer co-operates by providing the documents. If you have paid anything for the visa, then that’s a loss to you as it may be difficult to get back the same from employer w/o burning the bridges.
Meanwhile, you can start the search for a better and more reliable employer. Have you worked in US on H-1 in the past, or did you apply from India?
If you dont respond to the 221g, and just leave it alone, then what happens? Does it get in the way of your next h1b application? or your h1 transfer?
Do they find it suspicious that the 221g is left unresponded?
Sponsors were willing to respond to 221g , but i stopped them because it takes many months for the 221g approval to come through. It is easier to just get a h1 transfer and proceed with life. But this means the 221g is left unresponded. So does this matter?
Does it hamper the new visa or the transfer?
Secondly, with the 221g left open, can i still travel to the US on my b1/b2 visa without any worry? I dont think it should matter, but just checking. Do they get concerned about the 221g being left open?
And if i do go to the US on the b2 visa now, can i still convert from b2 to f1 to h1 in the US? or b2 to h1 in the US? (this was what i was planning to do last time but they made me come back to India and wasted my time).
Just trying to understand all the options so i can decide what is possible and what is not.
221g,
I have seen instances when someone received 221g and then left it alone for several years and was able to enter US on another H-1 in future. So I don’t think it will impact your H-1 transfer or extension. However, when going for stamping again you may be asked about past rejection and then you will have to tell the reasons to the best of your knowledge. So, I don’t think they are concerned about open 221g.
Do you already have B-1 visa stamped in passport? You can travel to US on B-1 if you have reasons to travel. Also, it is recommended not to file COS to H-1 within 30-60 days of entering US on B-1 as B-1 is a non-immigrant visa and H-1 is a dual intent visa.
Hi!
I would like to ask your expertise regarding the status of my visa for stamping. I had my interview last December 11,2011 in u.s. consulate here in riyadh and after the interview she gave me a yellow form of 221(g) asking for a current employment letter and I send it december 18,2011. How many weeks or months do you think will they take to respond on this case and unfortunately I already applied for visa exit here in riyadh end of january therefore I am force to leave the country before my due date. Is there any way I can request for transfer of the visa issuance from riyadh to philippines?
Hi,
I had my H1B visa interview on June 14th,2011 and I got 221 G Yellow slip, I was asked to submit additional documents, I have provided the documents on June 23rd,2011. I’m waiting for the reply from consulate from past 6 months. I lost my job 2 months back. What would be the possibility of getting my visa.
Can my H1B be transferred to other employer now and re-appear for visa interview?
Can I apply for fresh H1b in the next year quota?
Thanks in advance.
Chances of approval will depend upon how satisfied USCIS is w/ the response and submitted documents.
A new employer can file a cap-exempt petition for you on the basis of already approved petition. Once approved, you can go for H-1 stamping (in case your current stamping gets rejected).
Hi Saurab,
My i94 and Visa both are expired.My employer has filed for extension.Now before the extension request is processed can i join the new employer? Will the new employer will be able to transfer my visa before the current extension is decissioned? is there any dependency as till the current extesion is not approved till then the transfer can not be done?
Ram,
A new employer can file H-1 transfer for you, and it may still get approved. However, it will not be approved w/ I-94 as your current I-94 has expired. You will then have to go out of country, get visa stamped and then enter US on that stamped visa and new petition to work for the new employer. If it is filed after extension has been approved, then you will have the new I-94 and transfer will be approved w/ I-94 attached.
Thanks Saurab.
i have the following question
1. consider current employer sends me back to home country and i dont have valid visa nor i94. in this case can employer B while iam in home country can transfer my vissa so that i can travel back with employer B?
2. if transfer can be done how much time it will take and what will be the process.
3.As i will be leaving current employer if the current employer reverts my visa, do the employer B needs to file for fresh H1 quota or my current petition thought its expired can be used? how it will be done?
Ram,
1. Yes, you can travel w/ B’s documents but will have to go for visa stamping as your current visa stamp would have expired.
2. Regular process is 2-6 months, while PP takes 15 calendar days. If RFE is issued, then it can take longer. Find B, ask them to file H-1 petition, submit copy of existing 797, payslips, W2 etc and then wait for it to get processed and approved.
3. Current employer can withdraw your H-1 petition, but you can still use it for filing another cap-exempt petition in future.
Thanks a ton saurabh!
so the extesnion which is filed by Employer A(Employer A has filed for extension but before the extesnion is decissioned i will be travelling back to india) do not need to be get approved, for the employer B to be able to file for transfer and new stamping?
Ram,
That is correct as the B’s petition will be filed while you are out of US. Had you been in US, it would been necessary for A’s petition to have been approved for a new I-94.
Dear Saurabh,
Its great to see your responses for various questions posted on this forum.
I came in F1 visa to U.S in 2007. Graduated in 2009 and started working since then( O.P.T and then H1B). Iam planning on going to chennai for H1B stamping for the first time. Could you please advise me on the following,
1) I haven’t gone home since I came (its been four and half years). Will it be any problem for stamping?
2) I worked for employer A for 2 years.first year at one site in O.P.T and then the second year in H1B in another site.When I got job offer with employer B, before switching to employer B , I had to give one month notice to employer A. I worked only few days during each week for the last month with employer A. Will it be an issue at the visa stamping since I wasn’t working full time before switching to the new employer?
3) Iam working for the employer B for the past 5 months. My employer wants to add two more sites to the existing one and filed an LCA for the additional sites. They told me it won’t be a problem since it will be only piggy-backing the current H1B. please advise.
4)My new employer is also willing to file a green card in EB2 category.I wasn’t sure whether to file the green card first and then go for visa stamping ? Iam a Physical Therapist working in a hospital.
I greatly appreciate your help,
with kind regards,
Krishna
1. Chances of approval will depend upon your profile, your adherence to immigration laws, your employer’ credentials and H-1 job you are doing. Are you working as a direct employee or in a consulting firm?
2. It may be ok as long as you were getting paid more than the LCA amount.
3. Off late, USCIS and visa officers have asked for H-1 amendment when new work sites need to be added to the LCA. Check w/ your attorney on this. Are you currently working on the site originally filed and approved in LCA or one of the sites that were added later?
4. GC filing will not impact the outcome of the stamping. So if you want, you can initiate the process before leaving for stamping.
Dear Saurabh,
Thanks for your reply.
1.Iam working at the Hospital through a staffing company. The Hospital doesnt do a direct recruitment. They have contract with the staffing company.
3. Iam currently working for the site for which I have I-797. My company has applied LCA for other two sites which I might work in the future in addition to the current site.
with kind regards,
Krishna.
1. So you are working in an EC (employer client) model. Chances of 221g being issued is higher in such a model, and you need to carry all the documents relevant to your employment and how your employer manages your day to day activities/tasks (employer-employee relationship). It is still better than working in EVC model where there is another company (i.e. vendor) b/w your staffing company (i.e. employer) and the hospital (i.e. client)
3. It should be fine as you are currently working at a site that has been covered in LCA and I-129.
Dear Saurabh,
Thank you for all your replies. They are very informative and extremely helpful.
I appreciate your knowledge and experience.
you are a great help to everyone .
Thank you,
Krishna.
Hi Saurabh,
I have doubt and I am not sure if it is related to the title of this article or not. I apologize before hand and please clear my doubts.
I work for an American Organization. They want to send me on a business trip to Europe. I am currently in H1b and the trip will happen in Jan or Feb.
My doubt is, will I be able to travel to Europe when I get my UK or Schengen visa? Is there any other things I should be doing other than getting a visa?
Please help me out.
Thanks.
Once you have those visas you can travel to Europe. In order to return back to US, you will need to have an unexpired valid H-1 visa stamp in your passport. So make sure you have that, or you will have to go for H-1 visa stamping while you are outside US.
Thanks Saurabh. Generally will there be any issue in getting a Europe visa if I am in H1b? Anyways it will be my company who is getting that and its a big organization. Please advice.
Yes I have recently got my first H1b stamping for the next three years.
Thanks.
No, it shouldn’t be an issue. On the contrary having a US visa eases out some of the security concerns they might be having about the visa applicant.
Thanks Saurabh!! You are doing a good job!
What is a work itineary?
In the post titled “H1B Stamping 221(g) Query – Successful Visa stamping Experience Chennai 2011”, person named SRI is asked to submita work itineary.
I’m collecting documents for my visa stamping and I’m interested in knowing about the Work itineary, so that I can get it ready. Any information regarding this topic will be a great help. thank you
Hi Saurabh,
I had applied H1 B in April 2011, and got RFE in Aug 31, which our organization responded on Nov 1st, and USCIS recieved it on 18th Nov, in WEBSITE site it’s showing RFE Review process then.. but when i spoke to some poeple who got RFE, they said it will take 15-20 days to move to next step(approved). But in my case it’s almost a month. haven’t got any update. what’s the next step should i do.
Their published response time is 60 days. At times, it can take 2 months or even longer. At this point, you cannot do anything except to wait (unless you are planning to upgrade to PP).
Case Type : H1B
Hi, I have attended h1b visa stamping on Sep13th and was give blue 221(g) Administrative Processing query. Later last month i was asked to submit couple of documents, did submit then after a week to that i got all my docs back in mail without any notification or response. Upon contacting the consulate directly over email they said initially my LCA was denied by USCIS/DHS so they cannot process my visa so is refused they said. It didn’t make sense to me as my petition was approved, i got my 1-797 but stay was not granted and was asked to visit Hyderabad, India consulate for stamping. After sending couple of following emails i got a response saying my case is in process, upon contacting the VFS help desk they said there was an error with my petition reviewing but not the consulate has brought my case back to processing. I tried contacting them again many times asking them how can they process my case with out any docs as i am holding all docs including i-797. I always get same response to wait. I just wanted to get your advise over what i can do from my end? Should i take an appointment again and meet the consulate officer and explain what ever happened or should i simply wait? Could you please advise me. Appreciate your help.
Hi Saurabh,
Do you have any update over my recent request?
I guess you are doing all you can do. There is not much you can do right now, except for contacting them and asking for an update. Once they review your petition, they should again ask for all those documents which were returned initially. You can also ask your employer/attorney to contact the consulate and try to speed-up the process. In addition, you can contact your local US senator (seems like you were in US at some point of time) and ask them for help (I have seen few cases where this has helped).
Thanks for your response.
Dear sir/ madam,
I m Ramesh , live in herndon, washington dc, USA . I m here on H1B visa. My wife and son are present in India I need to apply new passport for my son (9 months old). My wife has passport. Now what are all the document need to get attested / letter from embassy/ annexure from washington Indian Embassy . Please guide me. Should I need to present over washington Indian Embassy.? thanks Ramesh. mail id: [email suppressed]
If your wife and son wants to go for H-4 visa stamping, then no documents are required from Indian Embassy. All the required documents are from your and employer’s side.
Hi Surabh ,
My son(9 months old) need the passport. He is in India. But he don’t ve the passport. My wife is also in India, she has passport. To apply new passport for my son what are all the document required from me. I m in usa washinton dc. I m not clear with u r above answers. Should I need to get any document from Indian embassy. I m applying through passport agent,they r asking some document from embassy . Plz help on this.
I don’t think any documents are required from Indian Embassy for son’s passport. Do you know what specific documents is the agent asking?
Hi Saurabh,
Mail from the Agent who is in chennai.
Are you applying for passport for a minor? (Below 15 years)
Please furnish
1. A declaration from parents / Legal guardians affirming the particulars furnished in the application about the Minor Child not inclusion of the Minor in the either of Parent’s passport etc. as per speciment in Annexure ‘H’
2. Attach passport copies if both parents hold passports
including ECNR/ECR page: Mother’s passport should be in
married name or should have husband’s name entered in
her passport or father’s passport should have wife’s name
3.If either of the parents is staying abroad, furnish a consent
letter in the form of an affidavit attested by Indian Embassy
concerned (format available in website – please see
“Minor Affidavit if parent(s) abroad”).
The above points need to clarified.
Regards
Ramesh
7. In case the parent is a divorcee, furnish an attested copy of
Court order giving custody of the child.
8. Fee applicable – Rs.600/- only.
As you are outside of US, they cannot verify your details and that’s why want Indian Embassy to submit an affidavit. It now makes sense to me. You can check the website of Indian consulate nearest to your place and see how it can be arranged. Usually their websites are pretty informative.
Hello,
I am currenty working in US on H1b visa in EVC model.I am planning to go for vacation in the month of march to india,that time I need to get my visa stamping,what are the possiblities of getting the visa.please give the advice what r the documents to be carried
Thanks in advance
Lakshmi
EVC stamping is always tricky and there is a high chance that 221g would be issued. Even if you carry all the documents, they can still issue 221g so that they can go through the documents thoroughly and not rush through them during the 5 min interview.
Documents that may come in handy (related to EVC model are) – contracts b/w various entities, information on how your employer manages your activities at the client site, contact information etc.
Thanks Saurabh,
I have read in some forum saying that VO is asking about the vendor name in the LCA,but we don’t have the vendor name in the LCA.Is it possible to add it now ? how long it takes?
You will have to check w/ a lawyer on where it needs to be added in the LCA. But if it needs to be changed, then a new LCA needs to be filed and certified. You may also want to check about I-129 (if that also needs to be changed).
Hi,
I am currently in H1b and working for a direct US company. Now they have given me a promotion with a title change and transfering to a new place. Can you please tell me what all I should do to make this change in my LCA or even I-129? Should I again come for stamping? Please help me out.
If your majority of duties remain the same, then no new LCA/I-129 is required. Stamping is not required as long as you have a previously approved unexpired visa stamp.
Thanks Saurabh.
But my promotion comes with a change in salary as well as change in title. Shouldnt this be reflected in the LCA? Can you please advice me? I am afraid because when I go for my H1 extension after three years, it might create problems. Please give your opinions.
Thanks.
That is ok as long as your majority of duties remain the same. For example, if you were a s/w engineer and are now senior s/w engineer then no new LCA is required. However, if you were developer and are now senior tester (promotion + major change in duties) then a new LCA is required. You can check w/ your lawyer as well.
I know several instances where a person was promoted in the same vertical (still an individual contributor) and no new LCA was required.
Thanks Saurabh.
I have one more doubt. As I have mentioned my promotion comes with a location change as I am moving to the main office for my new role. In this case should any change be made in the LCA or even the I-129? Please advice and thanks for your great help.
If the location is changing, then new LCA and I-129 needs to be filed. Off late, consulate and USCIS have emphasized on new I-129 to be filed when location changes.
Thanks Saurabh!!
Will my employer need to pay anything to make this changes to LCA and I-129? As mentioned I work for a direct company and I am not sure what should be done here. Please advice.
Thanks
Yes, they would have to pay the regular fees for the LCA and I-129. It may vary from 2K to 4K depending upon employer size and employment structure.
Hi Saurabh,
I am working in one of top MNC in Chennai with BEP enabled. I got H1b petition (I797) approved with one client say client A. Then I changed to new project with new client which is located in different location in US than the LCA already assigned. Now I filled DS160 with new project/new client/new location information booked for interview on Dec 5 in Chennai. Please whether this CLIENT CHANGE\ LOCATION CHANGE would affect my H1B VISA APPROVAL. Please share your opinion.
To Support Location Change:
1. I have got New LCA assigned to new client location.
2. Other docs are same like I1797, I129, etc…
Do I need to get anything else to get the approval? I’m very afraid to appear for interview with this client change… after petition approval.
Please advice.
Thanks,
Arasu
Hi Saurabh
Once again I here for my clarifications
As I have already told you that my H1B is approved, I got my I797 and I have filed DS-160 and scheduled my appointment with embassy.
But while filling my DS-160 I have inadvertently mentioned my present occupation as Business whereas I am working as Finance controller, and in the next question where DS-160 ask about my employer or school name I have mentioned my current employer name which is correct.
Now pls tell me do I need to cancel my appointment with embassy and fill another DS-160 and take new appointment or my current DS-160 will do and I will tell VO about my mistake if they ask.
From your post I gather that you put in the correct employer name, but incorrect occupation. I am not sure how big of a deal of those mistakes are. IMO, you can try to explain the same to the VO during interview. Check w/ an experienced lawyer as well.
Good luck!
Hi Saurab,
I completed my MCA in 2003.
Then I joined in small IT company A and worked upto 2 years. Later I joined in a copmany B ( MNC in 2005 Dec). Later I joined in another company C (current company CMMI5) in 2007 May and working for the same company till date. My problem is first company A is closed now and there are no references at all. Even their web-site and phone numbers are not working. I have offer letter and expreince letter which issued by that company (A). I lost all the contacts of the employes who worked there as it is already 6 years. Current company applied for the H1b . My petition is approved by the USCIS. I submitted the following experience documents to the USCIS.
1. 2003 to 2005 company A certificate.
2. 2005 to 2007 Company B certificate.
3. Current company 2007 onward’s
In the resume also I mentioned the same.
Now I have to sumit DS-157.
I do not want to put my company A experience as it is closed. I want to submit the company B and current company ceritificates and the same in resume .
1. 2005 to 2007 company B .
2. 2007 onward’s current company.
My question is VO in Hyderabad consulate will consider the documents of my experience which I am mentioning in DS-157 or the documents which I have submitted to the USCIS. What is the chances of getting my Visa.
Thanks and Regards
Did you mean DS-157 or DS-160?
USCIS has already approved your petition taking employer A into consideration. I think you should not hide that experience. It is normal for companies to close down over the years, and looking at the number of years of work experience you have, officer wouldn’t consider those 2 years under A as a serious consideration to approve/reject the petition.
Hi saurab,
Sorry it is Ds-160. So I can proceed with the company A.
IMO, you should include A’s experience.
Hi,
Mine is a F1 to H1b transition. I have been working for a direct American Company which has around 15000 employees in US and has its operations all over the world. The company filed for my H1b and it has been approved. Now I am going to India for a 2 week vacation and I am going for my H1 stamping too in the chennai consulate. I have all the documents with me and my HR manager too verified everything. But I am very nervous about the interview. Based on your experience can you please tell me the success ratio of my interview? I really appreciate your help in this. I am just waiting for someone to tell something positive as a boost.
As you are working for a big US company, it should be comparatively easier for you. In addition you have done Masters in US. Most of the issues arise when people are working in EC or EVC or EV…VC models.
Thanks Saurabh. I hope everything goes on well. I will send a detailed mail about my visa experience in a week. Thanks a lot!!!
Hi Saurabh,
My H1b interview at chennai consulate was very successful. It lasted for less than 10 secs. All I was asked was my pay slips and the VO didnt even look into it. I think since I am a direct employee I didnt face any issues. My visa was approved and I got my passport in two days. Now I am back to US after my vacation. Even the immigration was cool where the officer asked me a few questions. Everything went well.
Thanks to everyone on this forum.
That’s nice Gaurav. Congrats
To the concerned:
My name is Sid. The reason I am writing to you is to request some information from you
I have been working for a Indian Based Corporation on an L1 Visa. When my visa and I94 had expired in July, our company applied for an extension immediately. However In the month of ______, there was an RFE requested made by the USCIS and currently we are in the process of submitting the required RFE documents asked by the USCIS.
At this point, I’ve been approached by another IT firm with an offer for full time employement on a H1B visa.
However, I am not sure with my current status if I could go ahead accept the offer and allow the new firm to apply for my H1 B visa.
Given my current status, Am I eligible for a fresh and new H1B petition?
A new H-1 petition can be applied for you. However, as your I-94 has already expired, you may not get COS approval. This means your status would remain L-1 even after H-1 gets approved. You will then have to get H-1 visa stamped from outside US and return to US on that visa stamp to work on H-1. The other option is to file for COS once your L-1 extension gets approved and you receive a new I-94.
Hi Saurabh,
Thanks a lot. that was a very quick reply. One last question. I have heard that these days to get a visa stamped, one must go back to their respective home countries for the same.. how true is this? Does the option of going to Canada or Mexico for getting a H1 B visa stamped still exist?
As you were on L-1 previously and have not done Masters in US, it is recommended to go to India at least for the 1st stamping. If you have done Masters in US, then CA/MX is a comparatively safer option.
Hi,
I was working in an Indian MNC, got H1B Visa in August 2010 with expiry on August 2013.
After i came to USA i worked in the company for 6 months and joined in another company(with the new petition have validity till June 2014). Now I am planning to visit India.
1. I do not need to go to stamping again if i can travel before the my first company Visa expires (i.e 2013 August) am i right?
2. If i go to stamping before Aug 2013 to have the visa till June 2014(as per new employer petition), if i get any query on the new petition do they cancel my old visa with out giving new visa so that i can not travel at all?
Appreciate your help,
Krishna
1. Yes, you don’t need to go for stamping again as the previous visa stamp is valid.
2. Why do you want to do that? Visa stamping doesn’t come w/ it’s own set of headaches, and as much as possible you should not go for stamping. When your current visa stamp is about to expire, you can go for new stamping to Canada or Mexico.
Hi,
I attended visa interview on oct5th 2011 and was given 221g yellow sheet asking for more petitioners documents. I submitted the documents to VFS on 2nd Nov 2011 and on 3rd Nov 2011 got an email from consulate asking to submit the passports ( all 3 including my dependants) to VFS. I submitted my passports to VFS on 4th Nov 2011. In VFS website the status of my passport is showing as “Your passport is under process at U.S Embassy/Consulate.
Please anyone can let know how long it takes and is there any chances of not getting the visa stamped in my case. Is there any similar cases who are sucess getting visa stamped passport back
Thanks,
Kiran.
Forgot to mention … the consulate i am talking about is Hyderabad Consulate.
They might take few weeks to months. I am surprised to see that they asked for passport on the very next day of you submitting the documents. I haven’t seen such fast response on their side.
Asking for passport is a good sign. I will not says that there is 100% chance of visa getting stamped, but chances have definitely improved since they do not ask for passports unless they feel that all documents are in order.
Good luck!
Hi Saurabh,
Thanks a lot for the qucik response. Once i get my passport i will update the status.
Thanks,
Kiran.
Hi Saurabh,
I got my passports(H1 and H4) with stamping on 14th Nov.
Thanks for all the infor available here and those posted.
Thanks,
Kiran.
That’s good news Kiran.
Congrats and good luck!
hi Kumar
I have sent you my Visa stamping experience and a query with that.
Here is my query again.
I have 2 H1Bs for fY 2012 quota from company A and Company B.
Got stamped for company A and entered us, but now, I do not really like the terms of company A as they are not ready to pay me what is in LCA.
So I am thinking of switching to Company B.
At this point what is that I need to do to switch my employment to Company B and start working for them?
You can resign from A anytime and start working for B. There is no legal paperwork required as long as B’s petition is still valid.
Thanks Saurabh.
Forgot to mention.
When both the H1s(consular process) approved I was in India and now if I have to switch to Company B should I go back and get stamped using Company B’s H1 before start working as it is applied under consular process?
No, you don’t. Once you have visa stamped in passport, it is good to be used until it gets expired. You can change any number of employers i n b/w w/o needing to go for stamping again.
Hi Saurabh,
I got my H1 visa stamped ( validity 3 yrs until 2014) and entered U.S few days back. On PoE, I-94 was given only until my passport expiry date ( ie until Oct 2012) instead of H1 visa expiry date. The officer told me that after renewing my passport, on re-entry I-94 will be given for H1 expiry date. Bit worried. How much time does it take to renew an indian passport while living in United States? Do i need to renew my passport immedietely? What is the right approach to take now?
Pls advice,
Thanks
Jay
Indian passport can be renewed one year in advance. Once the documents are submitted they issue the new passport within 20-30 days. In case they need additional information, they would return the documents and you will have to re-file.
Hi Saurabh,
After renewing the indian passport, is it adviced to exit and re-enter U.S to get I-94 extended until 2014 or is it better option to extend without leaving U.S?
Thanks
Jay
I have also faced the same situation. I didn’t go out of US, extended I-94 without leaving US after passport renewal.
You can file for I-94 extension while staying in US. You can continue to stay and work while it is pending. If you live close to CA/MX border then you can try to drive out and into the country. If you have to take a flight, then it is certainly not a cheaper option (unless you are planning a vacation outside of US).
Hi
I have 5 years of IT experience and looking for h1b Visa. can you please suggest me good companies or sites where i can find the sponsors.
please reach me on [email suppressed]
Hi,
After the completion of my masters degree, I was on OPT for (12+17) = 29 months. After my OPT ended, I enrolled for my second masters degree and I am about to graduate soon. I am currently looking for a job offer with H-1B sponsorship.
Here is my situation:
I had not been paid on my OPT. I worked voluntarily for a consulting firm and I do not have pay stubs or W-2 forms during the time I was on OPT.
Now, If I have a job offer and the employer decides to file H-1, Would this create problems for my H-1 approval ? Would the USCIS ask for my pay stubs or w-2 forms for the time, while I was on OPT ?
Please advice me on this issue.
Thanks.
They can ask for those documents.
Hi,
My H1B petition was filed last year by a company. This was a new hire and I did not / do not work for the company. They are more like consultants. After a year’s long wait, when I finally appeared for my visa interview on 14/10/2011 at the Mumbai Counsulate, I was issued a form 221(g). Now, my current employer, a reputed company, have initiated my H1B processing. Is it valid to file another H1b petition, when I have been issued a 221(g) on a previous petition (by a different employer)? Please help me find the answer asap as I am keen to go along with the opportunity with my employer (and not be stuck with some consultant).
Regards,
Neha
Yes, that can be done. The current employer can file a H-1 petition for you even if there is s 221g existing on old petition,
Thanks, sir ! 🙂 You are of great help.
My current employer has filed my H1B. Will having an approved I-797 from 2011 to 2013 (through the consultant) speed up my current H1B petition in any way?
It wouldn’t speed up the process. If you want to speed up the process, then the employer should file it w/ premium processing (costs $1225 more but ensures USCIS adjudicates the petition within 15 calendar days).
Also, petitions submitted to VSC are typically processed slower than those submitted to CSC. Do you know which service center your petition would go to? Service center would depend upon the US state where the employer is located.
I AM CURRENTLY ON OPT AND I HAVE APPLIED FOR H1B UNDER PREMIUM PROCESSING I WISH TO TRAVEL TO INDIA DUE TO EMERGENCY .KINDLY GUIDE ME WHAT WILL BE MY STATUS AND HOW WILL I ENTER US AGAIN
Your H-1 might have been applied w/ COS (change of status). If you travel while your H-1 is pending, then COS is considered abandoned. This means that your H-1 would still be processed and may get approved, but your status would remain F-1. To move to H-1, you will either have to get it stamped from a US consulate and enter on that visa stamp, or file for COS once you return back to US and petition has been approved.
You should also get your OPT endorsed for travel by contacting your DSO. Also, remember to carry your payslips, employment proof etc to show that you are currently employed on OPT.
Hi Saurabh,
I have the same issue. I am on OPT right now and have filed for my H1B through premium processing. I am planning to go to India between this. If my H1 gets approved while I am in India, is it mandatory that I need my H1 get stamped in India and then I come back to US or I can come back to US on my OPT.
Please suggest. Thanks
You can return on OPT as well. You will then have to file COS from F-1 to H-1 to move to H-1 and work on that visa. If COS is not filed or is denied, then your status would remain F-1. If you get H-1 stamped, then you will enter on H-1 and that would remain your status.
Hi Friends,
My petition is approved and I’m planning to attend H1B VISA interview on this month(October), can anyone please share your VISA interview experience in Chennai location also please list out the documents required for VISA interview.
If this topic is already discussed please do share the link
Thanks in Advance
Shri
Hi sir,
i am gonna get married and move to US in some months in H4. I am really confused whether to quit my job or go in long leave , say 1 year. I have only 2 yrs of IT experience . Is there a possibility of getting jobs or study is the only choice. Kindly share your views.
Depends upon your area of specialization, technical strength and where you will be in US. Finding H-1 sponsors while being on H-4 is usually tough, and it needs to filed through a credible employer. Studying is a better option as after studies you get OPT and opens door to more employers.
Hi, Previously I was on H1B ( May 2010 ) . I lost my job when I came to india and had to withdraw my visa in June 2011 . I applied for H4 visa and got approved but currently I am working in India .
My question is, if i come to US in January (2012) and i manage to find a job in a comp which agrees to sponsor my H1b, will i exempt from the cap ? I mean will I be able to start working once I get an H1B approval or would i have to wait for Oct.1 ? Please help.
The new employer can file a cap-exempt petition for you on the basis of old petition. When filing the petition, they would have to submit copy of old approved petition to show that you have already been counted in the quota and that should exempt you from the cap.
Thank you Suarabh!
I am in India for since Jan 2011. So if I go back to Us in Jan 2012 and then have my H1B filed then will it make any difference with respect ti the cap. As it would be an year that I would be outside US. Will I still be considered cap-exempt?
Yes, it will still be considered cap-exempt.
Hi,
Anyone finished current year visa 2012 cap visa
stamping interview.If Yes..Please kindly share
your Experience .I am looking forward my
stamping interview in chennai. Please kindly
share your Experience.
Thanks
My petition was approved today, and now I have to book an interview.
I just realized that I got a plastic surgery last month, so I now look different from the photo on my current passport.
I would like to re-issue my passport to prevent unfortunate happening at the border, but I am not sure if it is okay to re-issue my passport now, while I am in the middle of this H-1B process, becasue it will change the passport number.
Is it okay to re-issue the passport now?
It would be better to apply for a new passport after H-1 process gets over. I am not sure if they contact your home country for passport verification during the process, and it would be nice to have only passport at that point. Once your H-1 is approved, you can apply for a new passport. I don’t know which country you belong to, but usually they put the old passport number in the new passport to maintain the continuity. The other thing you can check w/ your country’s passport office is can the existing passport be modified to just change the photograph. As long as the passport number doesn’t change, it can be done even when H-1 is in progress.
Pls I want to do my masters degree in u s. I finish my degree from futo owerri in nigeria