Not everyone are lucky to get H1B visa stamping at first attempt…Some of you might have got 221(g) query from the Visa Consular officer ( blue, white, yellow) asking to submit documents.
The most frustrating thing about 221(g) blue form is that there is no way to track your application…You just have to wait….it can be frustrating to wait…This page is meant to help others get an idea about processing times and how long does it take to process a 221(g) issued H1B case…If you were ever given 221(g), please share your details to help others get an idea. You may check out below articles as well.
- 6 tips from H1B stamping – 221(g) experience
- Drop Box submission process – 221(g) – No Box
- Chennai H1B visa – 221(g) stamping experience
You can check out our 221(g) tracker that has anonymous data with users like you, who added the details for community benefit.
[prompt type=”left” title=”Check out 221(g) Case Tracker ” message=”Check out our 221(g) Tracker with anonymous data from everyone.” button_text=”View your 221(g) Tracker !” href=”https://redbus2us.com/trackers/221g-tracker/”]
Waiting for the 221(g) response from US Consulate can be very painful…To help everyone be informed on average processing time and other similar cases, we have built an easy way to track for users their 221(g) status and let the community have an idea on the timeline as well. It is fully anonymous. Please add your case to the 221(g) Tracker.
[prompt type=”left” title=”Add your 221(g) Case ” message=”Please add your 221(g) Case for everyone’s benefit. It is fully anonymous and will help many waiting for it like you.” button_text=”Add your 221(g)Case!” href=”https://redbus2us.com/trackers/221g-tracker/”]
https://wwws.whitehouse.gov/petitions/!/petition/why-qualified-working-professionals-are-being-stopped-name-221g-when-they-visit-their-family-abroad/0msdNHvv
Just signed the petition mate…Thanks…
Hi Saurabh,
I had Interview H1B at chennai on Jan 5th 2012 and received 221g Blue Slip checked with Administrative Processing, and close to 2 months now , there is no update on that and i heard from my Employer that ” USICS team visited to my Employer location and they didn’t say anything. just verified” and they did not check with Client Place.this is the update that i have right now.
Here are the following details of my visa –
1. 2008 – went on H4 vis
2. 2010 Aug- F1 status
3. 2010 Dec – H1 Status with 1yr valid
4.2011 Nov – H1 Extended to till 2014
5. 2011 Dec – came India on Family Emergency
6. 2012 Jan 5th – went to Stamping chennai received 221g Blue
7. working EVC Model
8. still working remotely and convinced client and client says we will hold your position and keep us update as i explained about my situation. working with this client since may 2010 and one of the big company in health Industry. and Vendor has good relation with Client.
9.My wife has H1 valid this june and she appplied for extension recently
10. 4 yrs Kid with H4
So, here is my question can i ask my Vendor to transfer my H1 ? if they are OK with that can i proceed and will it be help to speed up and can i expect approval with EC model?
OR,
do you want me to wait for couple more weeks on my 221g and if anything negative news then apply for H4 ?
I dont know what to do, now started frustration…..
one more thing to forgot to tell you 2 weeks ago i sent request to NJ SENATOR and they sent me FORM/pdf to include the details of request and visa. I sent fax everything what they asked but i didnt hear anything till now…
I am calling every week friday to USics to know the status of my 221g case but there is no update…just says STILL Admin Processing/Pending process…thats it..
Please Advice…. and let me know if there is any confuse with my details…
Thanks
Lucky
Lucky,
There is not much you can do to expedite, and there is no set timeframe for the processing. One option is to ask the vendor to file the H-1 petition for you. EC model has better chance of approval as compare to EVC. However, it is subject to same set of questions related to project, client and employer-employee relationship. Also, have you signed any non-compete agreement w/ the employer that you won’t join any company you get introduced to as part of their work assignments?
http://www.petitionbuzz.com/petitions/221g
Lets create one petition on the White House’s website as well
https://wwws.whitehouse.gov/petitions
Dear Saurabh,
Could you please through some light on how many more years of stay in USA, are left for me when may stay is as below.
May 2007 – April 2008 (L1 Visa)
May 2008 – April 2009 (H1 Visa….
May 2009 – April 2010
May 2010 – April 2011
May 2011 – April 2012
I had my recent stamping an valid H1 Visa till March 2013. How many years are left after that …?
When is it high time for my employer to file for Green Card…?
Please throw some light on this…! Thank you very much for your time.
SriGanesh,
You can at most spend 6 years in US on H-1 and L-1. You can do the math.
To be eligible for 7th year extension, your PERM or I-140 need to be pending for at least 365 days or I-140 should have been approved.
Sorry for late acknowledgement .. Thank you very much Saurabh.
Finally this ordeal has ended for me after 13 long months. Luckily for me , I was working remotely for the complete duration from here but it was difficult to answer kids why we are not returning home.
I am already feeling good and relieved.
I hope and wish everyone who’s case is still pending good luck and hopefully you’ll get the good news soon.
Congrats Pankaj! Have a safe trip to US.
I am in canada waiting for H1B Visa.H1B visa was refused under 221-G on 17th oct in US Consualte Toronto.I didnt get any reply from US Consulate Toronto yet.It’s still under review.
I was on F1 Visa and change to H1.After graduation I had OPT Which was end on 17th Nov 2011.But have valid F1 visa till July 2012.
Question are these:
Can i get admission in college in USA and enter in US while H1B Visa application is in under review in US Consulate toronto?
Do I have to withdraw H1B visa application before enter as student on F1 visa?
Can i enter in June while F1 visa expired on july 2012?
What will be the best advice for me in this time?
Please advice me.
Krishna,
I think you will have to go for another F-1 visa stamping if you are enrolling in another school. You can check w/ the DSO about it. I don’t think you need to withdraw the H-1 petition, but is your passport w/ you or w/ the consulate?
Saurabh,
I Called department of home land security.They said” I can enter with current I-20 if have valid F1 Visa.
Passport is with me.
If i am enolling in same school,which i was joined earlier,still have to go for F1 Visa?
Pankaj……….Congrates….
Krishna,
If it is the same school, then it should be fine to enter on same F-1 visa stamp. However, check w/ an attorney as well.
Hi Saurabh, just bringing my case to the right forum:
So I had my second interview today. Not much was asked, but I got a 221G green slip. This seems to be a never ending nightmare for me and my family. Not sure if it is even worth taking so much stress. I wish I was given a chance to settle my belongings back in US. I am now on an EC model, I had most of the docs listed on the slip but the VO insisted I deposit everything to VFS. My employer is an american company nasdaq listed been doing business for over 40 years with around 300 employees. My passport was returned along with everything. I will keep everyone posted on my case.
Here is how my interview went:
I handed the Consular Officer my I-797 and passport.
Q. Has anything changed with your project besides the fact that the preferred vendor is the petitioner now?
A. No (It appeared from his first question that he knew my situation that my EVC model employer has been subcontracting through the preferred vendor for this project originally, and that now the petitioner is the preferred vendor)
Q. Who is the client?
A. Answered
Q. Will anyone from your employer be sitting at the site?
A. my employer’s manager will visit the site 3 times a week.
Q. How long have you been at the client?
A. Since July 2010.
Q. How many months?
A. 17
Q. Whats the address of the client?
A. Gave him the address – XYZ NY
Q. Whats the address of your employer?
A. Gave him the address – ABC NY (they are a few blocks away in nyc)
He seemed to find it reasonable that it was indeed a commutable distance for the manager to visit the client site a few times a week.
Q. The last 17 months that you have worked at the client, did you meet your current employer’s representative at the site?
A. No
Q. Since you were reporting to someone else?
A. Yes
Q. Do you have the I-129 petition with you?
A. Handed him over the petition, LCA, Offer Letter, Letter to the consulate, Client letter, Employer Contract.
Q. How many employees from your employer sit at the client?
A. 35
Q. How many employees total?
A. Around 300
Q. Did you sign a contract with them?
A. Yes
Q. How much will you get paid?
A. 12345/hr
Q. How much were you paid before?
A.6789/hr
My question is: Do the notarized copies requested have to be in original, or would a scanned copy work?
Raj,
Don’t loose hope yet.
It’s just a change in the H1B process and prefered employments and we didn’t knew about it before coming to India for stamping otherwise while in US finding a FTE position is not that hard.
I have a FTE offer and am working remotely since 2010 for the same client still my petition is in AP for so long.
One more thing for you and others, never tell the income in per hour basis instead quote the annual amount as that more like a full time employee. Per hour is confirmation of consulting project as you say it and VO’s are smart guys to easily understand that.
Raj, one more thing, please ensure you have a different 221g case number for your new petition otherwise that will create a lot of confusion. I costed me almost 6 months to clear the same.
Be strong and hope for the best.
Thanks,
Pankaj
Raj,
Have they asked for notarized copies? Scanned copies should work, as not many will be willing to submit original SOW etc when there is no set processing timeframe.
Thank you guys for the moral support and congratulations to Pankaj.
Saurabh, yes they asked for notarized copies. My employer will send those out next week. So just a little background: I was on EVC model and appeared for an interview on oct 31st. Was refused visa under 221g (no slip). I have been working for this client since july of 2010. So i switched to an EC model and i guess it was quite apparent to the VO since I am with the same client at the moment as well. Luckily I am supporting remotely. My gut feeling is that the VO is just doing what he is supposed to do (for all IT based consulting firms). The interview went just fine otherwise. Lets hope the “Admin Processing” doesn’t hold me up for too long.
Hello Raj,
I hope it gets better for you! Were you the one who asked me why I did not file my transfer with the same employer (EC)? Were these the only questions asked during your second interview? I wonder what the VO tried to understand by asking “The last 17 months that you have worked at the client, did you meet your current employer’s representative at the site?”
Thanks
Hi Jay,
No i am the one who asked you why you did not file your H1 with same employer (EC model)
The above experience at consulate is from different Raj
Hello Raj.SK,
I went through a different employer because my previous employer could not do anything about the 221 G I got, I decided to go with one with a better success rate and luckily there was another position matching my profile at the same client.
Thanks
Hi Sourabh,
looking for advice , my company ( i work full time) . terminated my job as this 17th (after 3 months into 221g)
what are next steps i need to be taking as my documents are still with the consulate.
and uscis website there is no change in my state .
i am looking for a new h1b sponsorship i might get one soon
Anand,
You can email VFS/consulate asking them to return the documents. They would return them to you, and may return the petition to USCIS for possible revocation. You can try to find another employer, and ask them to file cap-exempt petition. Once approved, you can go for H-1 visa stamping again.
Good luck!
Hi Saurabh,
how much time do i have to file this . “cap-exempt petition”
Anand,
If the consulate sends your petition back to USCIS for revocation, then you may not be able to file cap-exempt petition. So it needs to happen before USCIS completes that process. You can also check w/ an attorney if that is the end of the road for cap-exempt route, or if alternatives are available.
Can you please give the titles to the date columns properly and that would be nice to have
1. Interview Date
2. Date Document Submitted
3. Days Case pending.
4. Email for passport Submission
5. Passport Received Date.
Thanks,
Hi Saurabh,
Yesterday, I attended a interview for H1b Visa. VO said that passport will be delivered in a week and he has taken my approved petetion along with passport. I am totally confused about why he has taken my original approved petetion instead of xerox copy.
Today I recived mail from VFS as “Your pass with ref XXXXXX is ready for delivery by courier except H.A.L.You may also collect it Today from the VFS Chennai centre between 4 p.m. – 5 p.m.
Please note this is an auto generated e-mail. Please do NOT reply to this email.”
I have not recived any kind of slip (yellow/green/pink/white) during interview. I am totally confused, please help me.
Thanks and Regards
Pramod
Pramod,
This means your visa has been approved and you would receive the stamped passport within next few days. Usually they keep the original petition w/ themselves and return it along w/ the passport.
Hi Saurabh,
Thanks for your reply.
I am not able to understand this sentence “Your pass with ref XXXXXX is ready for delivery by courier except H.A.L.” What is H.A.L? What does this sentence mean ? Please reply.
Thanks again Saurabh,
Pramod
Pramod,
Read this.
Hi,
I got 221g white receipt on 24th JAN 2012 and i have been submitted all documents 2 week ago. I do not know how i can track my application status. it would be great if anyone please assists me in that.
Sky
Sky,
This article has more information.
Hi Saurabh,
Thanks for your guidance!!!!! I got stamped H1B with all original documents.
Regards
Pramod
Congrats Pramod! Have a safe trip to US.
Hi All,
Any one who got green slip with application being sent to USCIS for re-review??
Please let me know if any of u had done mistakes while answering the questions of Consulate and was still able to get “reinstate” from USCIS??
Hello Saurabh,
I have transferred my H1-B through a different employer (E-C model) after getting a 221 G refusal previously (EVC model, petition sent back to USCIS ). It is a different position now, but with the same client. Can you please tell me what sort of questions I need to be prepared for during the interview, considering my previous refusal?
Friends, please let me know of any questions you feel I need to be aware of.
Do I need to withdraw my previous petition before appearing for interview this time?
Thanks
Jay,
Regarding your old petition you may be asked why it was rejected and what’s the current status of it. Regarding your new job, you may be asked the regular questions related to employer, client, project and employer-employee relationship.
I don’t think it’s necessary to withdraw the old petition when going for interview.
Hello Jay,
I am looking FWD to do what you have done. Have got few questions if you can please take some time to address –
1. Was your old petition sent to USCIS for review? If yes did your new employer file a transfer or was it a new petition?
2. Was the new petition cap exempt?
3. How much time did it take for you to get the new petition?
Thanks in advance.
Hello Neil,
1. Yes, my previous petition was sent to the USCIS for review and possible revocation. My new employer filed for a transfer, not a new petition, since I maintained status until the transfer.
2. Yes, the new petition was cap-exempt, as my old petition has not been revoked yet. ( Although an updated Murthy bulletin suggests transfer can be done even after revocation, I am not so sure)
3. I went with Premium processing and my approval notice came within 6 days of receipt at USCIS.
Hope this helps.
Thanks
Hey Jay,
Thank you for the quick reply. I wish you all the best.
This thread might help you. Keep us posted on your case. It will be a great help and reference point for cases like me.
Thanks.
Hello Jay,
I am in same situation and just planning to file new a new H1 (cap exempt) with same employer, we got rid of middle vendor with their consent and now my employer has got signed a direct contact with the same client and my employer has filed a new LCA and then new H1 in premium in next 2 weeks.
Why you did not try with same employer (EC) ?
Also i think you should withdraw the old petition before going to consulate interview, i believe normally it takes 2 weeks to withdraw but all you need is a receipt that you have applied for withdrawing your petition. I would say there is a 50-50 chance that you would be asked about your previous petition…. please search forums extensively and talk to your attorney about this.
Also please talk to your lawyer and ensure that your new petition is updated in PIMS database.
Hello Saurabh,
I got 221g blue form at Hyderabad consulate, on December 12, 2011. VO took all the documents during the interview and said AAP is required to decide. I have been waiting since then, but mean while I have been working from India. Now my project is about to end. In your experience did you come across such cases where people are stuck here with 221g administrative processing and are without a client. Will it be better to skip my employer and apply for a new H1B when I still have time and client letter with the vendor.
Thank You!
Abhinav
Abhinav,
You have both options – wait for current processing to get over, or ask another employer to file cap-exempt petition for you. The former has no set processing time, and it can take several months to process. Also, how confident aere you feeling about it’s approval now that the project is over? It is possible that USCIS now do their background check and come to know that project has ended, there by rejecting your visa.
Hi Saurabh,
I had my H1B interview on 18th Jan, 2012 at Mumbai consulate. I work in E-C model and my B1 visa was rejected previously in March, 2011. Consulate officer issued me blue slip during H1 interview and asked for some additional documents like petition copy with education equivalency report, vacancy letter, my job description from company, detailed profile, educational certificates. I submitted all these documents on 9th Feb, 2012.
There were some questions about no. of employees from my company at onsite and about my onsite supervisor. Officer was not happy that my graduation is in Electrical but I am working in IT for 4.5 years. I tried my best to convince him about my skills in my IT domain with all the certifications but he confirmed something with other officer and issued me blue slip. It seems like there is a rule which mandates 6 years of IT experience for H1B visa if you are not a graduate in computer/IT field.
Do you have any idea about any similar case? Usually how much time does it take to complete admin processing for cases related to educational background check? You are doing great job in answering all these 221(g) queries patiently. Thanks a lot.
Gaurav,
I don’t know any such rule requiring one to have 6 years of IT experience if the degree is non-CS. There is no set timeframe for 221g cases, and it can take few weeks to several months.
Thanks Saurabh.
I got a mail from Mumbai consulate to submit my passport and pending letter. It seems like the response time for blue slip cases is 15 days because I got the reply exactly after 2 weeks on submission of the documents
Gaurav,
That’s nice to hear. BTW, there have been instances when it has takes weeks or months to process even after submitting the passport.
Good luck!
Interview Date:22.Dec.2010, given 221(g) white.
Submitted Passport:23.Jan.2012
Still Waiting for passport with Visa Stamp?
Consulate:Hyd
Requesting company Attorney to check the status of the case by calling DOS.
Please send me sample attorney letter to vafroze at gmail dot com.
My employer pulled back on what is the next course of action i need to be taking . my VISA petition is still under review .
ANAND
Hi Saurabh,
I have to select US consulate either Mumbai or Delhi for H1B stamping. Can you suggest which consulate is better in terms of processing time and approvals? Should I select Mumbai consulate or Delhi?
Thanks
SV,
Personally, I would prefer Mumbai consulate. It has more counters, and I expect it to process faster. In addition, documents need to be submitted few days in advance, so they do lot of verifications by the time you reach for your interview. However, choice of consulate doesn’t necessarily improve chance of getting visa stamped.
Hi Saurabh,
I had my h1b visa interview yesterday, they gave a green slip and with the status of application being resent to US for further review.
Do u have any idea how long this may take??
Please comment.
Also please let me what are the chances of my visa rejection.
V,
As they have sent it back to USCIS for review, it looks like denial to me. USCIS will now review the petition and either revoke it or reinstate it based on their review. What questions were asked during the interview, and did they ask for any documents? Are you working for a consulting company in an EVC model?
Saurabh,
The questions were :
1. do u have any middle vendor between the client and the client.
2. Many questions related to my project manager and my supervisor in the US company.
3. They asked for the client letter which i had taken and gave them.
No other document were asked, they asked for the client and the employer agreement copy but later told not required.
Again the USCIS will take 2 months to complete the review??
Y do u think it will get rejected??
After review by the USCIS will i be asked to go to chennai again??
I am working with the employer and not with any intermediate vendor.
Thank you for ur input.
V,
The consulate has sent the petition back to USCIS, right? That usually happens when consulate has decided not to issue the visa and they then send the document back to USCIS for review. They would have added their comments in the package they have sent back. That is why I said it might get rejected now, unless USCIS disagrees w/ their findings and decide to reinstate the petition. In case they reinstate the petition, you can carry that reinstatement letter and again go to the consulate.
Ok ..
How long will the USCIS take to review this case??
The consulate took sign from me on a document which contained answers given by me.
Will this document information be re-verified??
Saurabh,
Have u come across any such case where the USCIS has disagreed with their findings??
V,
There is no set timeframe, but I would assume it to take around 2 months or so. Yes, the document you signed was under oath. They would verify those answers and determine whether you lied or not. Did you go to Hyd consulate?
Yes, there have been instances when USCIS didn’t agree w/ consulate findings and reinstated the petition instead. This varies from case to case. What kind of vibe are you getting about your submitted documents and signed paper?
Saurabh,
Actually i will be working under client for the 1st time, till now i have been part of employer company without getting outsourced.Hence I have done a mistake by saying that promotion and firing everything will be done by my client instead of saying my employer.
Can this create a problem??This information is part of the document which is signed by me.
This is the only thing that is worrying me.
There is no issues with the document submitted by me.
Please clarify.
V,
So you said that promotion, firing etc will be done by the client and not your employer. This probably goes against the employer-employee relationship and may lead to denial.
Thanks Saurabh,
Have kept my fingers crossed, lets see…
If Visa is rejected, even the petition will have no value.
Suppose if i get a new client can i go for visa stamping for the same petition.
the wording’s should go something like this,
” will not have the ability to assign the beneficiary to a different employer. Compensation will be paid by his actual employer- only. He will be operating at all times under the control of his employer’s management and all activities including managerial supervision,promotion and hiring and firing decisions, as well as performance evaluations will be controlled by his employer- only.”
Saurabh,
Had been to chennai consulate on 16th feb 2012
V,
If the visa is denied, your employer or a different employer can still file a cap-exempt petition for you, and you can go for stamping carrying that new petition.
This article has more information.
Hi Saurabh,
As per your advice,I try to contact senator.He send me an e mail with the conformation that he is inquiring about my case in US consulate toronto.he sent me an e mail on 9th feb.
Do you think,it will work to make faster visa process?
Krishna,
It’s not a solution w/ 100% success rate, but seems to have worked in some cases.
Hi Saurabh,
I came to US on December 11th 2008 on a F1 VISA. Completed Masters and have been working on OPT since then. I plan to file for h1-B VIS A in May 2012. Can I go to India instead of US for stamping?
–
MPR,
Stamping always need to happen in a country beside US. You can go to India for stamping.
Hi,
Can someone please advice me –
1. I got a 221g blue slip on 5th december (H1B renewal stamping). Submitted the documents on 7th december. Employer got a mail from USCIS on Jan 30th that they have received the petition for review and possible revocation. The reason being – employer – employee relationship.
2. I had come back to India to get married. My fiance worked in the US on an L1 VISA. We got married on 30th Nov. Her L1 is valid till may 2013.
3. We are now thinking of filing a L2 VISA for me so that I can travel with her. She is still in India. I have my passport with me too.
My question –
1. How good are my chances to get the VISA stamped?
2.Will the pending 221g on my H1 affect my L2 VISA stamping chances?
3.Should I withdraw my H1 petition?
4.Are there chances of getting a 221g again on the L2? If yes, on what grounds?
Please do reply.
Thanks.
L2VisaQuery,
1. Your visa approval would depend upon what kind of work your wife is doing on L-1. If she is really working on employer proprietary tools/applications/technology/skills, then L-2 should get approved.
2. No, it won’t. You need to be truthful to the best of your knowledge and also mention that your visa has been refused in the past in the DS-160 form
3. You can let it process. It’s already out of consulate’s hand and in USCIS’s field now.
4. Refer to (1)
Once in US on L-2, you can decide whether you want to continue to be on L-2 or file COS to H-1.
Thanks Saurabh for the reply.
“1. Your visa approval would depend upon what kind of work your wife is doing on L-1. If she is really working on employer proprietary tools/applications/technology/skills, then L-2 should get approved.”
Ohh never heard of this one for L2. She works for India’s biggest outsourcing company and has around 5 years of exp on Informatica and other tools. Would that be a good profile?
Also can I change my employer now on my H1B? I mean get the petition transfered to my client?
L2VisaQuery,
That’s a question more relevant to L-1 visa holder, but off later there has been an increase in number of questions being asked from the dependent visa interviewees. So it’s best to be prepared for such questions. Hopefully they will not ask such questions, but don’t be surprised if they do. Carry documentation related to your wife as well.
Yes, when the COS is filed in US, it can be done to either same old employer or a new one. Transfer can be filed even while you are in India, but that would mean another round of H-1 stamping.
Does anyone know what’s happening at US Embassy New Delhi? I am not sure what to expect or do?
1- Appeared for interview on 17th Nov 2011 and petition was sent to USCIS
2- USCIS reaffirmed the approval on 13th Jan 2012.
3- Re appeared for interview with affirmed petion on 27th Jan and again issued 221g Green form to submitted current employment letter with passport to vfs.
4- Submitted passport and employment letter on 30th Jan 2012.
Now 17 days has been passed and do not know what is happening. Does anyone have any guess what will be outcome and how soon it will be resolved?
Even i m also in same boat dude can i get ur number plz even i have submiited on jan 30th in Vfs in hyd
Hi Santosh / Raj,
Did you get the stamped Visas, or not yet ?
Questions – What did you guys do once you heard about the reaffirmation…did you have to schedule another interview or just visit the VFS office ?
Saurabh,
Also, would you know what’re the precautions to be taken at the ‘Port of Entry’ ?
Chetan
Chetan,
Carry all the documents and know your answers (employer contact details, job, title, location etc).
Thanks Saurabh.
My Employer’s Lawyer has received the reaffirmed notice, and they forwarded the same to me. But, I haven’t heard anything directly from USCIS. Am planning to visit the local VFS office though.
Would you know what the next steps are – Do I have to schedule another interview or just visit the VFS office ?
Chetan
Chetan,
May I know how long did it take for you to get the reply ? Did your case sent back to USCIS?
Pls let us know
Yes Saurabh,
Here are the details in a gist.
Interviewed date – 14 Nov, 2011
Location – Hyderabad
Suspended action in Hyd – 29 Nov, 2011
Receipt & review notice from USCIS – 22 Dec, 2011
Re affirmed notice – 13 Feb 2012
Please advise.
Thanks – Chetan
Apologies.
Harika – Those details were for you.
Saurabh,
Request your revert on the earlier message. Thanks…
Chetan,
You will not hear anything directly from USCIS. Once your employer sends you the reaffirmed notice, you should call/email VFS and ask about future steps. Each consulate has different process here on, and so it’s better to talk to VFS about your consulate.
Saurabh,
One last question.
Since this reaffirmation of the Visa took 3 months, my end client has terminated the contract.
Now if I / my employer find a new client, and I travel with a new client letter or submit the same at the local consulate (if asked prior to stamping), do you foresee any problems ?
Thanks for your advise.
Chetan
Chetan,
If you go to the consulate w/ new client information, they may issue another 221g asking for updated LCA and I-129. I saw a similar case on this blog where this RFE was issued. So it’s better to get LCA and I-129 amended if the client changes.
Hi Chetan,
Was curious about what all questions were asked as part of the document which u would have signed in the Consulate??
Hi V,
I didn’t sign any document at the consulate. Once the interview was done, the Consular Officer gave me a Yellow 221 (g) with nothing checked on it. Waited for 3 months and finally got a Reaffirmation approval.
Chetan,
send an email to vfs confirming that you got your re-affirm approval. VFS will send you an email to visit the consulate will all documents including reaffirm approval.
You will come to know when appear again.. again 221 g or approval.
Hi Saurabh,
2 questions.
1. My lawyer / employer received the original reaffirmed notice. Will I need the original before I go to the VFS / Consulate Office for the Visa stamping, or will a copy do ? Would I need it during my Port of Entry ?
2. I work in the DC area, but intend to land in New York. Is the Port of Entry an issue to be paid attention ? Do you suggest that I land in DC airport and not in the NY airports.
PS: Post the reaffirmation on Feb 13th, I wrote to the Hyd Consulate / VFS Office on 21 Feb, and again on Feb 24th, but am yet to hear anything.
Thanks…
Chetan,
1. It’s better to go w/ original re-affirmed notice. Else they might find another excuse to issue 221g.
2. Usually one is expected to land at the employer location at least when entering US for the 1st time. But if you have reasons to travel to NY before driving/flying to DC, then it should be fine. Be prepared to answer questions related to why you are landing in NY and when you will report for work in DC.
Hi Saurabh,
I have received a revert along with a screenshot of PIMS from the Hyd Consulate stating as under:
‘We checked it again, as per the details provided by you and here are your petition details — as seen on the Petition Information Management System (PIMS) database of the USCIS:
Unless USCIS re-affirms the petition and your petition status shows up as re-affirmed on the PIMS database of USCIS, we are unable to assist you with this case. We will continue to check PIMS database and quickly notify you if there is any update.’
Would you be able to advise what action I could take ?
Thanks – Chetan
Chetan,
There is nothing much you can do until petition gets approved in PIMS. Engage your attorney as well if they can help in expediting the process of updating the petition in PIMS.
There go my 917599421815 Santosh.
Still haven’t heard back yet
ur number is wrong Can you plz resend ur contact number
Raj,
IMO it would get approved as USCIS has already re-affirmed the petition. The only thing is how long it would take. Unfortunately, administrative processing has no set time line (oh how much I wish if they came along w/ premium processing option).
Hi Raj,
Any idea what can happen in my case??HOw long will it take to know the status from USCIS??
Did you call uscis to find out about your petition’s status?
Hello Experts,
I attended my H1b interview on Dec 8th 2011 at chennai consulate and received the 221(g). On Jan 31st 2012 I received my passport back with another 221(g) stating “My H1B petition has sent back to USCIS for further verification”. I know this process is gonna take several months. My wife works in states and I’m planning to attend H4 visa. Would someone please suggest me the right procedure. I am not getting proper information from VFS.
1) Do I have to with-draw my existing H1B petition.?
2) Is it OK to attend H4 visa stamping while H1B visa is still under process on 221(g) ?
3) Does my existing H1B affect H4 stamping ?
Thanks in Advance. Your reply is most appreciated.
hi DP Reddy,
me too on same page with exact question……
i asked with my attorney about this and they are saying what is the guarantee if you apply H4 and you will not get again 221g? so better wait for H1 news from USICS and then will proceed for H4,.
I know its hard & let me know if you have any alternates…
greatly Appreciated advices
Thanks
Lucky/DpReddy,
If the spouse is working as a full-time employee then the chances of 221g getting issued during H-4 stamping are low (but not zero). However, if the spouse is also working for a consulting company in EC or EVC model (former safer than latter), then there is still a big possibility that 221g could be issued.
Think about this – the worst case scenario is that 221g would be issued during H-4 stamping. Does that worsen the situation? I don’t think so. However, on the upside it may get approved and you can travel to US on H-4, and then decide whether to file for COS to H-1 in future or not. Just my 2 cents.
you are my senior 🙂
i had interview jan5th at chennai
Hello friend,
As long as your spouse is working full time as direct employees for his/her company, the H4 may not get into enquiry, I have had a friend returning to the US as his wife worked as a direct employee with a company. Hope that encourages.
Thanks
Hello jay,
My Husband is in same situation. He is stuck in India and his case sent back to USCIS. I checked with my attorney , she suggested to apply for H4, (as I am pregnant and its tough for me to handle)
I work full time , can you please check with your friend , what kind of questions did they ask in H4 interview. I am scared if they might ask anything related to 221g H1 visa.
Plsssssssss help me. and give me some suggestions.
Thanks a lot.
DpReddy,
1. No
2. Yes
3. No. There is a question in the DS form asking if your visa has ever been refused in the past. Remember to answer Yes to that (221g issuance is visa refusal). In addition, be truthful to any questions related to your H-1 to the best of your knowledge.
Hi,
I am working in EVC model and I am currently in USA. My wife recently appeared for H4 interview. She was given blue form and many employer related and my petition related documents are asked to submit such as complete petition copy and notarized copy of list of all employees working in my company.
1. Are there any changes / incidents that USCIS has asked to revoke primary applicant’s (h1) petition in cases H4 has given blue form?
2. If my employer refuses to provide these documents, I will have to change my employer. After I join new employer, how should I proceed with this pending case?
3. Can I change employer and after joining new employer, can I submit same asked documents from new employer instead?
Thanks!
MN,
1. I haven’t seen any instances where H-1 applicants petition was revoked on the basis of H-4 interview. IMO, the worst case scenario is that her H-4 visa would be denied, and she will not be able to enter US. There shouldn’t be any impact on your processing.
2. Once you have a new employer and new petition, you can send those documents to your wife. She will have to schedule another visa interview and appear there. Nothing needs to be done w/ regard to this 221g case, although she will have to mention about it in her DS form (where it asks about past visa denials)
3. Not against this case as your petition number would have changed along w/ lot of other information. It’s better to go for another fresh interview.
This article has more information.
Hi ,
i am trying to find my case status online at “http://hyderabad.usconsulate.gov/pending-or-refused-visas.html”
but i am getting the below message even though i have entered the correct case no:
“We were not able to identify Case # XXXXXXX-XXX-X, Please make sure you have entered your case number correctly”
is anyone having the same problem ? please let me know
Raj,
That’s a common error lot of people face. Tracking through passport on VFS site is much more reliable that tracking through case number. You can get the update by calling VFS contact number, but they will not provide anything more meaningful.
Just wanted to share my 221g experience, I am in US for 4.5 years in H1 and right now my EB2 PD is current, clean employment history, came to chennai on Nov for 2 weeks to attend my brother-in-law marraige, attended visa interview at chennai consulate, issued 221g to get updated “LCA” and “letter to USCIS” with middle vendor details, yes i work in EVC model, employer gave me updated LCA with middle vendor details but Attoney just gave a explanation letter for not updating letter to USCIS with middle vendor details.
Submitted docs to VFS on Dec/7 along with Passports, on Jan/4 again issued green 221g that my petition is sent back to USCIS for further review and PP returned with no stmaping in it. Meanwhile client allowed me to remote work with offshore rate.
Really frustrated with all this mess, reached out 2 senators of Chicago requesting federal help, gave them a letter of statement about my situation and requested them to assist me by querying DOS to expedite my case. Senator office emailed DOS and Consulate on Jan/18th and on Jan/21 New Delhi visa cheif replied my senator office stating that my H1 petition is being sent back to USCIS for review and possible revocation because of Employee-Employer relationship and Senator office forwarded me this response from New Delhi consulate visa cheif to me.
Honestly when i see this letter i was kind of more relaxed and relieved, because now i don’t have to wait anymore to get response from USCIS. I did talked to my employer and we are planning to do this,
1. Talk to my mid-vendor, convince him to allow my employer to go in for a direct contract with my client and file a new H1 in premimum with this details
2. 2nd option is my employer also do have small direct client and i will be placed with that client and new H1 will be filed accordingly.
3. Once my new H1 is approved, withdraw my old 221g issued petition
4. then go for visa stamping with new H1 with direct client.
Experts please advise if i am going in to right path and have a good chance of visa stamping ? i don’t want to transfer my H1 to another employer because i have very good relationship with my current employer and don’t want to leave him.
I would suggest anyone with same issue to get federal help from senator office, they are really helpful in my case.
Raj,
Yes, this is the right approach given the circumstances. If you change the model to EC, you may still be asked to submit detailed on EER (employer-employee relationship) both to USCIS and the consulate. It is also good that you filing the H-1s in premium as it will save some precious time. Also make sure that the right LCAs are filed as consulate are going bonkers over LCA-petition mismatch.
Here is article that I wrote sometime ago, which may resonate w/ what you have done and planning to do.
Hi Saurabh,
I had my H1B visa extension when I was in US, I came to India to visit my family and went for H1 stamping in Delhi embassy.
They didn’t gave me any slip and kept my passport and said, we will investigate in your case and let you know.
Its been more than 3 weeks now but no update on my passport, when I followed up with embassy, they said my Case has been gone to administrative processing.
Mine is a EC case. Could you please suggest what can be done to expedite this process, since neither they have issued any slip nor they have asked for any more documents.
Please reply.
Regards,
Ruchika
Ruchika,
Unfortunately there is not many ways to expedite the process. Once it has been pending for 30 days, you can contact your US Senator and ask for help, but it may or may not help. Were you provided any case number? Do you have the interview letter w/ you (case#s are mentioned on it as well).
Here is another article that has more information about 221g process.
Hi Saurabh
Thanks for replying…No saurabh I was not issued any slip nor was provided with any case number initially…After following up with US embassy through VFS , they told me that my case is under administrative processing and gave me the case number but nothing is coming up when I am tracking my case online with the provided case number.Also do you know how to contact US senator…Do I have to contact the senator of my area where I am working in US or is it someone else…From where can i get to know his cotact info like email id and all.really appreciate your help.
Hi Ruchika,
you can find our senator (congressman) from here. https://writerep.house.gov/writerep/welcome.shtml
btw which state/state you are from ?
if you need the format letter i sent to my senator which convinced him to take up my case, please email me. Thanks.
hI rAJ,
“if you need the format letter i sent to my senator which convinced him to take up my case, please email me. Thanks.”
can you email me this details : anandkotti at yahoo dot com
thanks
Hi,
Can you please send me the format letter to my email id san.konda at gmail dot com
Hi Raj,
I am from pennsylvania. Please froward me the format letter which u have. that would be a great help.
Please email me the letter.
Regards,
Ruchika
Hi Ruchika,
I am from PA too. Can I know if you have already reached a senate office for help. If yes, can you give me the details as well.
anshar12345atg*ail
Regards,
Jai
Hi Raj,
Can you please forward me the format of the letter too?
My email address is lgac14 at gmail dot com
Thanks
Hi Raj,
I am from pennsylvania. Please froward me the format letter which u have. that would be a great help.
Please email me the letter.
My id is thisisruchika.saini at gmail dot com.
Also, does anyone have idea if anyone given interview around 10 jan 2012 stuck in 221g got their passport or not?
Regards,
Ruchika
Hi,
i have emailed the letter to senator format to all of you. Thanks
Raj
Can you Plz farward me the same letter to my Id skaveti8089 at gmail dot com tooo plz
Raj,
Thanks for all the info. Could you please fwd the letter format to me as well? It would be of great help to me.
My id is: thiraniavantika at gmail dot com
Thanks again!
Hi Raj,
Can you please send me the format on gargianandjiwala at gmail dot com
Thank you!
Raj,
Could you please send email format to me (sandhya_0108 at yahoo dot com). I appreciate your help.
Thanks,
Sri
Hi Raj,
Please email me also. My email id is Mahesh.Nimbalkar @ gmail dot com
just want to share with few more information about contacting senator office……
1. You can find your senator (congressman) from here. https://writerep.house.gov/writerep/welcome.shtml by entering your full zip code.
2. You may have 1 or 2 or more senator’s for your zip code, go to each of their website and lookout for “federal assistance” , under that you will find immigration representative contact information, call his/her office directly and most probably they will be aware of the 221g process.
3. You will have to download the privacy act form from senator’s website, statement of letter addressing senator directly, your I-797, 221g letter and any other that documents you feel will help your case and fax these documents to their office, don’t sent too much documents just 5 or 6 should be ok
4. Call the sentor office next day and they will give you a senator office case number for your reference and anytime you call again just give the case number.
5.Normally senator office would email here (Any inquiry from Congressional Representatives may be forwarded to ConsularNewdeldotstate.gov) and DOS will respond to them in 3 working days and senator office in turn mail the response to your home address in US.
6. Most of the Senator office communications are through Fax and mails and very limited emails, so please let them know that your primary prefered communication is email only.
7. Two of us from same company approached senator office for help, in my case VISA chief from New Delhi clearly said that my case is sent back to USCIS for review and possible revocation because of employer-employee relationship issue (EVC model), but other guy was direct client and struck with 221g for 3 months, senator office emailed Toront embassy on Wednesday and next tuesday he was asked to submit his passport for visa stamping and he got stamped.
8. I understand that Senator office cannot influence the decision but their request may help to expedite the response from DOS.
9. In my case a Rep. Senator office said 221g adminstrative processing is of National security and they don’t want to interfere while it is admin processing, then i talked to next Dem. Senator and explained to them in real simple words and they took up my case. If your kid is US citizen please do mention that.
Good luck to you all !!!!!!!
btw you can also call DOS directly to this number (202-663-1225-extension 1*0*0), tell them you want to know the status of you 221g case, give your passport number and they will answer the status in “one liner”
correction,
you can find your county senator from here,
http://www.contactingthecongress.org/
http://www.govtrack.us/congress/findyourreps.xpd
Can you also forward me the same letter.
Thanks,
Shashi.
Hello Raj,
Can you please send me the sample letter to the senator or congress man. My husband is in India , got 221g on emp-emp relationship, case sent back to USCIS( went for stampin on Jan 18th in Hyd). I am in USA waiting for him. 🙁 . We are also trying to contact the local senator.
Through my husbands fnds contact , we could come in touch with local congress man , she sent me a privacy release form, which asked for breif description of situation, what do I write in that? My husband is working in USA scence 7 yrs, his I140 is also appproved. Clean work history.
Please suggest me.
Hi Harika/Shashi,
Please share your email addresses.
Normally a 2 liner is enough like “Requesting assistance on our 221(g) case, i have attached a detailed letter along with this privacy form” in the privacy form description. Thanks.
Raj,
Thanks for the quick response. my email id:
harikasworld at gmail dot com
Thanks a lot
Hi Raj,
I am in same boat ..its been more than 2 months withh 221G green form. I attended visa interview at chennai consulate on dec 1, 2011. Could you please send me the format of letter to senator?
I really apppreciate your help..
Thanks in Advance,
Jai
Raj,
I am in same situation and from Illinois. you contacted senator or congressman? Can you please forward me format bsingh136 at gmail dot com
Raj,
Did you contact senator’s DC office or regional office? For Illinois I found M Kirk and D Durbin. Can you please let me know who was more helpful in your case?
Your help will be highly appreciated.
Sentor Durbin office helped me out and please contact regional office only (Chicago)
Raj
Can you please forward the format
bsingh136 at gmail dot com
Hello Raj-
can you send me format letter which you sent to senator at rajivndl at hotmail dot com?
Hi Saurabh,
I went for renewal of my H1b at Delhi consulate on april 2011 and got rejected under 221 (g) in Jun 2011 said “petitioner does not appear to be able or willing to provide qualifying employment in US in accordance with appropriate laws and regulations.” after that I left that company in Oct 2011. Now I got new employer who file H1b petition. If everything goes well do I need to go to Delhi consulate for stamping as currently I am working in Mumbai?
What time will it take for whole petition approval process in these days? Will my last visa rejection may impact my new petition form new petitioner (employer). What are the chances to get it approved?
Thanks,
Manish Bhushan
Saurabh, frankly speaking brother, you have lots of patience. It looks like you are sitting in a railway window, and even there is a board saying what time the next train is and which one is delayed, “wise brilliant” Indians will keep asking the same question without bothering to read the board. Hats off to your patience. I am learning a lot from you these days.
For your kind information guys, this forum was initially intended to share our experiences but lately it is turned as “Lets Ask Saurabh SAME question 1001 times, in 101 different ways”. Pun intended.
Seriously guys, I know how hard it feels in such situation, and lots of pain and suffering your guys are going, but sometimes patience helps. Keep your spirits up, have faith in God (and system). And please pardon me for the harsh words I am using up there. There are various ways to release your tensions, this might be one.
And reading the whole forum will give you much more depth info rather than asking him repeated question.
Deepak,
Yes I feel that ways sometimes 🙂 Now I have become so habitual w/ some answers, then I can just close my eyes and type them.
Manish,
You need to go to the consulate on the basis of your current state, which looks like is Maharashtra – so it should be Mumbai.
Regular processing would take 2-6 months, premium processing would take 15 calendar days (any RFE issued would delay the process). Last rejection will not impact the processing provided it was not due to you not maintaining status in US or submitting false documents. Chances of approval vary from case to case, and will depend upon your profile, employer credentials and offered job.
Hi Saurabh,
I am working on a EVC model, OPT expires in August. I want to travel to India in August for personal reasons and stay there for 3 months til nov 2012.I don’t want to take any chances with the H1-B stamping in India. My Student VISA is valid for another 22 months(till Nov 2013). Is it ok to take an admission from a Unviersity and take an I-20 and work on a CPT? Will there be any problem at the Port of Entry.Please answer my question. Thanks!
PReddy,
Even though your current F-1 visa stamp is valid, you will have to go for F-1 visa stamping again if you change universities. Once you have the new I-20, it is the entire process again for applying for F-1 visa. Once it has been approved, you can enter on that visa stamp to study in that university.
Saurabh,
I got my F1-VISA on a State University and transfered to another University and then went on to a OPT. I have also been to India, but I did not go to the consulate for stamping. I am thinking that the same process will hold good if I move to another University.
Regards,
PReddy
PReddy,
There are two ways to change university:
1. Enter US on the F-1 visa for the university it was stamped for. Study there for at least one semester and then change university
2. Get another visa stamp for the new university and then enter on that visa stamp.
Yo are currently on OPT and are done w/ your course. So there is no option to transfer to another university. IMO, you will have to go for another stamping. I might be wrong – you can check w/ the DSO or an attorney.
Sounds like US embassy already decided per direction from US Govt. to Humiliate/Harass/Spoil ones settled career in US etc in the name of 221g.
Since we Indian (US Citizen) back in US are politically disorganized compare to Mexicans and having similar views like any other American on people who are coming from India to US on H-1B visa for work, so there is no pressure on US government to streamline the process of issuance of visa and make accountability to concerned ( Employers, Govt agencies etc) instead of harassing or humiliating genuine hardworking educated people who has been strictly adhering the law of land and continuously contribution to US economy.
I have been in US since Feb 2004 and worked for all top consulting company (Big4) and having I-140 approved. I switched over to a big outsourcing company and was placed directly to one of the biggest client for 2 years project.
I came to India to visit my family and went for Visa interview in New Delhi 17th November, 2011 and was issued 221g (employee employer relationship needs to be reviewed by USCIS) and refused the visa.
USCIS received my petition on 4th Jan 2012 and they reaffirmed the approval on 13th Jan 2012.
I followed up with US embassy through VSF after I got to know reaffirmation of approval through emails and was advised to come to any working day before 12 Noon with the copy of reaffirmed approval and other documents.
Visited again to US embassy on 27th Jan 2012 with the copy of reaffirmed approval and again issued 221g asking for employment letter and a valid LCA. I had both documents with me and handed over to VO , she kept copy of LCA and mentioned that she needs employment letter current dated not the one which had handed over to her was dated prior to my first interview.
As per 221g direction, submitted current dated employment letter and passport to VFS office on 30th Jan 2012.
As of today 12 days has passed from the date of submission passport and 85 days from the date of first interview and haven’t heard back anything from US embassy . When followed up through VFS, it says your case in under Admin process and they will contact you as soon as it is completed.
I am not sure for what it is now under admin process though USCIS has already reaffirmed the approval almost a month back.
To me it sounds mere harassment and humiliation to hardworking professional and time has come to get politically organized to bring it to attention of our Ministry of External Affairs and US department of state. This can only be done if we politically organised leaving aside all caste/creed/languages barriers.
Hi Raj
Good that in your case, things progressed a little bit faster than most of the other cases. Yes, still I feel the same way you are thinking. No doubt their motto is clear and they are firm to it but finding out fake and fraud people at the cost of troubling so many genuine people might not be wise.
I wish my country could be like their’s (firm and strong to make their motherland protected and clean). But it is pity here whenever I go out, either my foot is in the shit or shit drops on my head. Guess, I have to bear this shit thing and gift this to our children as well.
Day by day, I am reading posts like this, sometimes it boost the moral and on the other hand I am feeling I am chasing the mirage.
Good luck Raj and all others who are waiting out here.
Hi Saurab
Thanks for your reply. I’ll keep my fingers crossed. I’ll wait until tomorrow to receive my passports on hand.
Thanks
Rithesh
Hi Saurab,
I got a mail from VFS today saying as beolw: Could you pls confirm what does this mean? Is my VISA approved/stamped?
Your passport with ref no. 11111111 is ready for delivery by courier except H.A.L.You may also collect it Today from the VFS Chennai centre between 4 p.m. – 5 p.m. Please note this is an auto generated e-mail. Please do NOT reply to this email.
Thanks
Ritesh
Rithesh,
That’s a standard response sent when the passport is ready to be delivered. However, it doesn’t tell whether the passport is being delivered w/ visa stamp or if it’s being returned w/o the visa stamp. You will have to wait for the passport to arrive to know whether the visa stamp got approved or not.
Saurab
Thanks for your reply. I agree this doesn’t say any message whether its approved/not. But the case is been on hold for 65 days and our Attoney has made a request on case’s follow up 2nd time on wednesday Feb 8th and I got a reply from VFS today. Does it sound positive? Sorry I can’t wait untill receive my passport. Curious…!
Thanks
Rithesh
Rithesh,
Actually it’s tough to predict. I have not seen what message is sent out in the scenario passport is sent out w/o visa stamp, but that’s definitely the message that is sent out when visa has been issued.
Hi Saurab
I got my passports with visa stamped for next 3 yrs. Hurrah! Thanks folks for your great guidance in this forum. Keep up the good work. I wish everyone writing here have very good luck.
Thanks
Rithesh
Congrats Rithesh.
Saurabh,
I attended my H1 interview on 7th Feb along with my wife (H4) and got green form and also they gave back the passport.
During my first interview VO asked few questions about my work,client etc and asked my wife when we got married. Later he said he needs more information about my employer and client and I will be called again.
Later I was sent to another window where i was asked around 25 questions about my client, work etc. Later he gave me a letter with all the questions and my answers and asked me to sign on that. After reading all my answers i signed on it.
Later VO came and gave me a green slip asking me to provide additional documents
1. Client letter in client letter head ( My employer had given the agreement between employer and client which was not on client letter)
2. Proof of letter from my employer and my client that there is a vacancy for me in US
3. My work itinerary for the period of employment
My questions are:
1.Is it normal to have this kind of interview?
I saw few other folks having this kind of 2 interviews . I saw one H4 case sent back to USICS as well.
2. I have excellent educational and professional background. I also know my employer is genuine and project they are having with client is genuine. But what i noticed is my client location they have mentioned as location B whereas actually they are located in location A.(they also have another client from location A)
Do you think VO would have noticed it?
3. Can my employer change the client now? i mean can i submit the client letter of different company saying they have changed my project?
Thanks
Vijay
Vijay,
See my response to your other post on this blog.
Dear Friends
I have gone through the below link before I post this
http://redbus2us.com/change-of-status-or-first-time-h1b-visa-stamping-canada-or-mexico-h4-to-h1b-f1-to-h1b-etc-go-to-home-country-for-visa-stamping/
I have changed my status from L1 to H1 and H1 visa stamping has not yet done, working on E-V-C model. I have no US education, but I have 4 years US work experience.
I would need to travel to India soon due to personal reasons, I’m trying to analysis about stamping either in Canada or Bhamas or Kolkatta ( In India, Chennai is my closest consulate). Do you have an idea how is H1 visa stamping going on those consulates? Would it be recommended to go to any of those consulates and what would be your recommendation?
Thank you so much for all your advise.
San,
There is always a risk when going to India for stamping and when working in EVC model. Even if you carry all the documents, they can still issue 221g and ask you to submit the documents and then do background check which can take few weeks to several months. CA or Bahamas may not be a good option when going for your 1st H-1 stamping w/ no US education. Whatever you decide, make sure you have contingency plans.
DO NOT GO FOR STAMPING.
PERIOD
Hi Saurab,
I would like to share my experience with you on Visa Stamping process.
10-Jan-2012 – Appeared for the interview and VO issued 221 (g) blue form saying i need to correct the client details in LCA and submit the new LCA along with passport/I-289/I-797/DS-160 and the 221 g letter
20-Jan-2012 – US consulate returned all the documents including I797, I289 and DS160 and other documents like client letter, employment letter which i submitted during my interview.
23-Jan-2012 – Submitted the new LCA which i got from employer along with passport/I-289/I-797/DS-160 and the 221 g letter
I am still waiting to see any updates on my case. this is my 3rd week. Whenever i call or email VFS Chennai, they say, my application is in Administrative processing.
So I have got a few questions regarding that
1. US consulate already returned all the docs before i had submitted the 221 g letter and related docs. Does this mean they will ask for the docs again?
2. How long usually ‘administrative processing’ takes to complete?
3. It is already 3rd week and i am doing remote work here. So Is there a way we can involve US senator to check the case?
Thanks in advance.
Paul Deepak Raj,
1. Probably they would based on the newly submitted client information
2. There is no set timeline. It can take few weeks to several months
3. You should get them involved after 30-60 days have passed, as that’s what has been mentioned as the standard response time (although in reality it is way off)
I had a 221g when i went along with my wife who is on H4 . now it has been close to 3 months and going . if my wife gets H1 what are the next steps of the process i need to be taking .
Anand,
Once her H-1 gets approved, you can go for H-4 stamping and then travel to US on stamped H-4 visa. Later, you can file COS to H-1 and start working on H-1.
But my question here is what would happen to her H4 ? do we have to withdraw her petition that got entered with my h1 (221g)
Anand,
You can either withdraw it, or let it remain as is and go for the other stamping. 2nd one is preferable if her passport has not been submitted at the consulate. She can check w/ her company attorney as well.
Hi,
I got approval from USA I-797 for H1B on 18th November 2011.
My interview was on 12th Jan 2012 at mumbai. Officer asked me only two questions and without check any document he gave me direct 221g latter and told to submit fwe documents. and I was submit all docs at 17th Jan 2012. but I did not get any response from Mumbai consulate.
Kindly let me know what I should do for same.?
Thank you
Keyur Ajmera,
Here is an article that explains the process in detail.
Hi Saurabh,
I have attended my H1B interview on 3rd January on Hyd consulate after came from US on December (i went to US on B1 visa and i stayed there almost 6months). The first question he asked me about how long you stayed in US on B1 visa. I siad him that i stayed there almost 6 months, immediately he got angry and asked me about the details. I said him that i went for some product orientaion and traing, initialy we planed for a short trip and later it extended blah blah… But he was not in mood to believe that and shouted me like anything and repeatedly asked what you did there. i replayed the same story. Then he took a written statement from me saying that i did not do any productive work over there. Then he asked me to provide the detailed report from my company as well as the client. Then he asked me about my project, roles and responsiblity ect and he asked me who is controling your day to day activity as i am going to work on client location. I said i am reporting to my manager who will come once in week to my location and we will have daily calls, mails etc. Again he got angry he told me like how your manager will update and validate by weekly once visit blah blah….i just tried to convince him and agian he asked me a written statement from me regarding the same. After all he gave me a blue slip (221g) in which addition proceessing reqired is ticked and told me to give to your HR and he took my Passport,I-797 and company letter to USICS. The VO was very rude and shouted me like anything at the time of interview and it took around 45minutes. On Jan30th i have submitted document in VFS. Till now i did not get any replay. My question is why they took my passport? will they reject my H1 and cancel my existing B1? Is there any chance of approving my Visa?
Thanks in advance..
Regards,
PV
PV,
Did you overstay or did you leave US prior to your I-94 expiration date? As long as you left US before I-94 expiration date and didn’t participate in any productive work, it should be ok. However, as you stayed for the maximum 6 months, the officer will go into details of what you really did in US.
Usually they keep the passports when they are hopeful that visa would get approved. However, in this case they might have kept the passport so that they can cancel the B-1/2 visa stamp in case they determine that you overstayed or did productive work on that visa.
Thanks for the replay!.. I did not overstayed in US and i have already submitted a detailed report regarding my training schedule from my company and from the client side to VFS.
Hello Saurabh
I attended for H1b visa at dubai in 11 sep 2011 VO didnt ask any document and didnt keep my original I797 petition and other document he kept only 1 copy of I797 and gave me a green form he didnt tick any item in it for addentional document he only wrote my case No.
Please share your thoughts. Thanks…
Are you working for a consulting company? If yes, then what kind of model are you working on – EC/EVC? Also, were you asked any questions during the interview?
hello
I am a mechanical Eng. and I am going to work for my petitioner as an expert for designing new products .
and I were asked during the interview such
which company do you want work in the US?
where do you want to work in the U.S?
How moch salary will pay you in new compony?
… and some other question after that he thought for some minute and wrote a case No on the green sheet and toldme we will call you. this sheet is used for addentional ducument and information at dubai consulate and as i saide he didn’t poin to any addentional document in this sheet. for administrative prosses they use of yellow sheet . I think he must gave me yellow sheet.
any way I am iranian and as you know The US and Iran’s relation is not good and there is not any U.S embassy in Iran.
please write me your advise.
They might be doing background check based on your citizenship. I suspect this b/c they didn’t ask for any documents from you. This may take few weeks to few months to process. I am not sure how Dubai consulate allows one to track their case statuses, but you can check the same on their website.
Did he return your passport to you?
hello
yes he erturned my passport.
My wife’s visa was refused at Mumbai consulate. I need to go with her for another interview.
I am currently working in EVC model.
1. It seems that all MVC model cases are going in administration processing?
2. Does it help if I join as full time and then go for stamping?
What is EVC/MVC model ?
Sorry, in my first question, I typed MVC which should be EVC (employer – vendor – client).
1. Yes, lots of EVC cases are going into administrative processing
2. Yes, it does. Direct (full-time) employees have better chance of visa stamping that those working in EVC models. In terms of risk, direct employment < EC model < EVC model < EVVC model and so on.
Saurabh,
What are these EC, EVC, EVVC modles ? Can you explain clearly. Thanks in advance
Thanks
Sandeep
S,
Employer-client work model, Employer-Vendor-Client work model and so. Basically it means how many middle layers are b/w your employer and end client.
Hi Saurabh,
I am working on a EVC model. My current status is OPT . My OPT will end on August 22nd. Vendor is willing to file my H1-B. I may shift my employment to the vendor Company in March. I plan to go for stamping in August 2012. I will be having only 6 months of employment with the “Vendor” company if I shift. Will that have any impact on the H1-B stamping? Please update me.
I am not sure if you know that it’s not really important in your case to get H-1 visa stamped in order to work on H-1. Your H-1 can be filed w/ COS and once approved you can start working on H-1 w/o getting the H-1 visa stamped. However, you would need to get the visa stamped next time you travel out of US.
In case you go for visa stamping, you will be asked for client/project details, employer-employee relationship, OPT paychecks etc. Your 6 month tenure is not an issue. What they will be really looking into is your employment that would start from Oct on H-1.
Thanks
hi Saurabh
Interview date : 29th dec, 2011
Case :Blue form 221g asked to submit 4 docs (copy of petition, list of employees, job vacancy letter, project details.
I am a direct hire with small company ( not through consultant)
i submitted following docs on 23rd jan 2012
1 -> Letter providing details of project assigned to me and that there is job position available.
2 -> Letter asking consulate to request the list of employees and my HR’s contact details.( since my employer has refused to give this confidential stuff to me directly they want the consulate to contact them)
3 -> Spirent’s annual report.
4 -> 221g Blue form
5 -> Copy of I-797.
today (after 2 weeks) i got email from consulate saying
“Please submit your passport, pending letter and the courier envelope to the Consulate General via any of the VFS offices. Please carry a copy of this email for ready reference”
i spoke to my employer and they told me that no one contacted them from consulate regarding the confidential documents.
Also my attorney told me that the pending document they are talking about is not the list of employees but 221g blue slip. I told him that since i have already submitted the 221g slip it has to be list of employees.
then i sent him the exact copy of reply i got from consulate as i shown below
“Greetings from the Nonimmigrant Visa Section of U.S. Consulate General Mumbai.
Please follow the instructions below in order to continue processing your pending visa application further.
We are ready for final processing. Please submit your passport, pending letter and the courier envelope to the Consulate General via any of the VFS offices. Please carry a copy of this email for ready reference.
Please note that this email communication does not confirm that your visa is issued at this time. ”
After reading this he (my attorney) is saying that the consulate no longer needs the List of employees and that they will clear my case based on just the documents that i have submitted
he is asking me to just submit the passport , copy of 221g blue form and courier envelope.
what is your view on this ? do you think the pending letter is 221 g ?
I am worried as my employer has so far not budged on providing the list of employees to me directly and seems like the consulate will not contact my employers for the list of employees.
Thanks & Sorry for the long post
SA
I am not sure. If the employer is not willing to give the letter, then you can go w/ attorney’s words and submit 221g form as pending letter (but then you have already submitted that document as part of the initial submission).
The other thing you can do is email VFS, who can then fwd your query to the consulate and get more information.
Hi Saurabh, SA,
Today even I got a similar email from the consulate and it stated the same as mentioned by SA. Even I am not sure what “pending letter” means. I am guessing it could be either the copy of the 221g or the I797 approval.
Dear SA did u get to know by now what this pending letter means. Can you please let me know.
Also can you guys tell me what are the chances of getting the visa stamped after getting this email.
Thanks and Regards
PAS
PAS,
I think pending letter is 221g. Chances of approval depends upon individual’s case.
Yes that pending letter is 221g form…i called in vfs helpdesk and confirmed.
Dear SA
Did u submit ur passport? Do u know how long will it take for you to get back ur passport with the stamp on it.
regards
PAS
yes , along with copy of 221g…it is still under processing
date submitted–7 th feb.
Hi SA,
Did you get VISA stamped? How long it took after submitting your passport, 221 (g)?
Hi Saurabh
Thanks for your help , I got my Visa.
SA
Congrats SA!
Hi Saurabh,
I had my h1b renewal interview on 24th Jan 2012 at chennai consulate. They issued me 221g blue form saying they want to do some admin processing on my case and returned my passport back. I had all documents including client letter since it is a contracting job I took end client letter. It’s been 10 days no email or any kind of follow up from vfs. Meanwhile my client is insisting me to start work ASAP. Since they given my passport back I’m not sure how long they will take to reply. I feel giving passport back is not good sign.
Regards,
Giving passport back is a neutral sign, although keeping the passport is a positive sign. One cannot estimate how long they would take and it can take anywhere from few days to several months. Can you work for your client remotely while you wait?
Saurabh,
Thanks for the reply. In my case since it is a first time with this client,
They have some drug test and finger printing needed before starting my work. So iam stuck here with out wor though I have offer in my hand.
Regards…
Unfortunately there are not many options available except to may be change the employer and file another petition. As this is renewal stamping, it means you were in US prior to this visit. You can contact your senator in US and ask them for help. It has helped in some cases, but there is no surety that it would speed up the processing.
I want to update on my 221g case going on since 24 th jan 2012. Today I received post from VFS stating that my visa issuance is refused on following grounds, failed to present the documents required in connection with visa applicatin(though I have given all documents including client letter and new LCA) or failed to submit credible evidence to support the claimed petitionable relationship. Consulate sent my petition back to USCIS for possible revocation. USCIS will contact petitioner (my company) if they can produce any more documents to prove my eligibility.
I am confused and not sure what other alternatives I have. Also not sure how long I should wait.
Regards….
Raghu,
Read this article
Hello Saurabh,
First of all appreciate it for resolving so many queries, I have a weird question this time. After being refused a visa at the Hyd Consulate, I went for a cap-exempt H1-B transfer through a different employer for a different position but same client. Do you think this time around preferring a different consulate for attending the visa interview would help/ damage my case?
I believe we are allowed to choose our preferred consulate, aren’t we?
Thanks
Jay,
Few suggestion based on my personal experiences.
1. Always prefer to go to your base consulate as the records at consulate are on passport number basis.
2. Withdraw your application completely from consulate/DOS before filing a new one otherwise it will cause a lot of unnecessary confusion and cost you time.
3. Don’t go for premium processing for the new filing if you haven’t done that already.
Hope this helps.
-Pankaj
Hello Pankaj,
I havent withdrawn my previous petition before filing new one, further I have used PP…..why are you advising against premium processing?
Thanks
Pankaj,
Can you please explain your case, what was it about, if possible?
Thanks
Jay,
Here are details:
H1B entension filed and approved in less then 24 hours under PP in Aug 2010 via a prominent consulting firm of bay area and I was working on very good project for a direct client since march 2008. Came back to India in Sept 2010 with a planned return date in feb 2011 due to some family issues and client was OK with the same. Even willing to hire fulltime. In short it was in EC model. I was given my first 221g in Jan 2011 which was later refused in march 2011 and I was notified in May 2011 about the same.
Before my return to India, I’ve got a direct project which can be worked on remotely on which I am working since Sept 2010. The client was always interested in hiring me fulltime and I did agreed to it in June 2011, We filed for H1B transfer in PP and it got approved in exact 15 days . I got another 221g when i went for the 2nd visa interview.
I recently came to know that the case number given to me in Aug 2011 was same as it was in January 2011. I think if I would have withdrawn my earlier application it would have not caused any confusion to the VO.
Based on my communication in this thread and facebook group, i think mostly all PP filings are getting 221g in comparison to others. I have even seen cases where it was filed in general and then later moved to PP went through fine without 221g.
I am still waiting for a decision and my attorney is also following up with KCC/USCIS on a weekly basis and the 2 different cases with a single case number did caused a lot of confusion which is finally sorted last week (Jan 2012).
hope this helps.
thanks,
Pankaj
Thanks Pankaj,
It seems very weird to me, how they can assign the same Case number to both 221 g issues. I am even more surprised why you got a 221 G when you went for the second time as a direct hire, which we assume to get through w/o problems.
I think a lot of it depends on how the attorney prepares the case and to my knowledge there are a lot of companies, unfortunately, that dont have a very detailed idea of these proceedings, hence the need of an Immigration specialist.
I hope your case has been cleared now.
Good luck
Thanks
Hi Saurabh,
I have a query on behalf of one of my friend. Could you please tell me if someone who has a green card and is out of the states for over 2 years…what are their options to get to cananda or US asap?
Thanks
Diwakar
Sorry, I don’t know about it.
Hi Saurabh,
I have been waiting on 221g Admin processing since 25th Aug 2011. I was issued a Blue for with AAP checked and no docs asked.
On Jan 9th they asked me to submit the Client invite letter, itinerary and copy of contract, which I did on Jan 13th.
Now after another month of follow up with the VFS, this afternoon they again asked me to submit the same documents. Can you guess what might be going on behind the scenes?
In response to my another query before this one, they came back saying that the Consulate has forwarded your query to the concerned department. Again I did not understand what department they were referring to.
Your thoughts?
Thanks
Diwakar
Diwakar,
I don’t know why they will ask for the same documents again. At this point, you can’t do much except to submit them again. They have set responses, but ultimately they all just mean that processing is going on. It is a big black box.
Thanks for the response Saurabh. We are submitting the documents on Monday.
Hi Saurabh,
As you know I applied for H1B and I got the 221g. My case is still pending. It seems that things should not work out.
I have two query:
1. Can I find any other consultancy who can transfer my H1B as its still in pending with VFA?
2. Do you have any idea about UK and IT job market. Is it same as US ? How’s the job opportunity there ?
Thanks,
Amit
Hey Saurabh,
There is one bad news. I got below mail from VFS today.
What is the meaning of “KCC receives a petition for review and revocation?
———————–
Dear Sir/Ma’am,
As per the US Consulate your application was refused and your petition was returned to KCC on. Once KCC receives a petition, it will return it to the approving office of the United States Citizenship and Immigration Service (USCIS) for review and possible revocation. Please direct all future inquiries regarding your case to the approving USCIS office
Regards,
Nikhil
————————
Refer to this article for more details and the process followed.
1. I have written this new article on 221g, which has most of the answers to your questions.
2. No, I don’t know about it.
Hi Saurabh,
Need your advise on my case.
I had attended my H1B visa interview on 25th August 2011 and was handed over a 221g Blue slip with AAP checked and no documents marked on it. After 4.5 months on 9th Jan they asked me for additional documents like client invite letter, itinerary and copy of contract between my employer and customer(mine is an EC model). We submitted those documents on 13th Jan and have been waiting since then. This is my first H1 and I have never been to US on H1 status before.
Now my questions:
1. What do you think my chances are of getting the H1 approved and how long would you expect it might take further?
2.Can anyone else still file a fresh petition for me based on my current petition? I mean am I cap-exempt?
3. What happens if someone else files a fresh petition for me and in the meanwhile I get a rejection for my current H1?
Thanks in advance
Diwakar
Here is an article where I have explained the process and available options.
1. Refer to the article.
2. Refer to the article.
3. I am not sure what will happen. To avoid any undesired situation, it would be better to file for H-1 transfer under PP, as your current visa processing may take 3-5 months to complete.
Thanks for the response Saurabh!
Hello,
My story goes like this – I had my visa interview (Chennai) on the 24th of Oct 2011. I was handed over a 221g (blue form) for want of additional docs from my employer. On 28th of Oct 2011, I submitted all the necessary docs. The following week my passport was returned back in the mail with another 221 g blue form stating that my case is still pending due to “additional administrative processing” and that the office will contact me once the review is complete. This was on the 3rd of Nov 2011. I cannot track the status of my case online and it is really frustrating on what is going on as of this day.
Any ideas as to how much longer this could take? Is there a possibility of visa denial after the review is complete? Is this delay only related to validation& verification of your standing in the US?
Any thoughts/questions/comments/opinions would be greatly appreciated! Thanks
Unfortunately there is no set timeline for 221g processing. It can take from few weeks to several months, and there is no way to expedite the process.
As they have asked for documents related to employer, they may be doing lot of checks on the credibility of the employer and whether they are in a position to sponsor H-1 job to you. At this point, you cannot do anything but wait.
Thanks Saurabh for taking the time out to reply. Really appreciate it. I am also going the Senator route . I was told that a follow up on the embassy was done regarding my case and it seems like my case still continues to be in administrative processing.
Will repeated inquiries help? Can nobody provide an update as to where my case stands currently? Any suggestions on what I could request my employer to do to help here?
Repeated and too frequent inquiries do not help. Unfortunately, the whole process is a big black box and no one knows where exactly the process is and how much time it would take. The only thing you can now do is wait.
Saurabh,
Is there a way to know the status of my case? What do you think my chances are? Its been 3.5 months and I have no clue/no updates from the embassy. Also, is there any other option? For example, can I file a new petition through another employer? What is your take on this? Please let me know. Thank you.
Avantika,
Here is an article that describes the options you have.
Hi Avantika / Saurabh,
What is ‘Senate Route’ ? Would you be able tell me how it works ?
Thanks – Chetan
If the person was in US prior to H-1 stamping and is then issued 221g which gets delayed for 30 or more days, then the person can contact the US senator for their state and ask for their help. It has worked in some cases in speeding up the process, but it’s not a surety.
Saurabh,
It has been about 4 months now. Have you come across cases where even after this long, visa is approved?? I am looking to file a new H1 B petition. Will I be issued another 221 g or is that subjective?
Avantika,
I have seen cases lingering around for a year or more.
Your new petition may or may not be subject to 221g depending upon the employer and the offered position. Consulting companies often end up w/ 221g.
Saurabh,
Today I got a post from VFS that returned back all the docs which I had submitted earlier (3rd Nov 2011) as per the previous 221(g) blue slip requirements. In addition to that, there was a 221(g) green slip which check marked that I submit my passport.
Not sure if this means that they will issue my visa? My current feeling is that it definitely is a positive sign that they have asked for my passport. I do not really want to have my hopes too high for fear of disappointment but would like to know what this means.
Avantika,
It is definitely a positive sign, but still not a surety. However, there is no set processing time for how long they will take to issue the stamped visa.
Hi Saurabh,
Just got my passport stamped with the visa. Thank you so much to everyone here for the guidance and support. I wish everyone good luck. Hope everything works out well for everybody.
Saurabh, you are doing a fab job at this. You are blessed with all the good wishes of everybody here. Keep it up!
Just another question- what are the documents I may need at the port of entry?
Avantika,
Congrats on your stamped visa.
Carry the same set of documents you carried for visa stamping. Not everything will be required, but it’s better to have more documents than less.
interview on 17th oct toronto ,canada.received e mail from consulate on 18th oct for documents request.submitted all on 31st oct.Till today on 26th jan 2012 no Update…Dont understand what to do.should i wait for their decision or stop visa application and try from home country,Stuck in Canada from 3 and 1/2 month..
Unfortunately, there is no set timeline for 221g processing. You can continue following-up w/ them. It has been pending for more than 60 days now. So you can email your Senator and ask them for help. It has helped in some past cases.
Hi Saurab
I heard from my employer as of now US Embassay at Chennai has stopped taking appointments for new H1B visas starting Jan 1 2012, to have them focus on cases pending on Administrative processing. Is that true? Is anyone aware of this news?
Thanks
Rithesh
I don’t know of any such news. You can see if Chennai is showing any dates for H-1 visa interviews. If they are, then that means they are still accepting new applicants. It is possible that they have cut down on the number of applicants per day, but I don’t think they will outright stop accepting applicants.
The other news about Chennai consulate is that they have stopped accepting immigrant petitions, which is not related to H-1.
Hi Saurabh,
I’ve attended my H1B VISA interview on Nov 14, 2011.
The Consulate Officer advised that the petition was being returned to USCIS, US for ‘Administrative Processing’, and issued the enclosed ‘Sec 221(g) Yellow notice’.
On Nov 29, 2011, I received an E mail from the US Consulate, Hyderabad stating that the case was being refused under Sec 221 (g) and action on the case was being suspended at Hyderabad.
On Dec 22nd, we received an E mail from USCIS stating that they received our case from the State Department with a request to review it.
We haven’t heard anything since.
Please share your thoughts. Thanks…
Chetan
It may take 2-3 months for USCIS to review the case. They would then either revoke the petition or reaffirm it. If revoked, that would be end of it, unless your employer appeals against the decision. If reaffirmed, you will have to go to consulate again carrying the reaffirmed petition and other documents.
Would it be 2-3 months from the date of the interview (Nov 14), or from the date that USCIS received it (Dec 22) ?
Thanks…
USCIS receiving it. Remember they are not bound by any SLAs. So in best case scenario it would take 2-3 months, and in worst case scenario it can take up to 6 months.
I came in May. Got 221g , PP returned in Jun, visa refused in Jul, DOS forwarded the petition to USCIS to review it in Jul. Till date, no status.
Quick question, if USCIS reaffirm the petition, will be issue a new I-797 or same will be reaffirmed? ( I do not have I-797 now). Also, do I need to go for another visa interview or they will stamp the PP right away?
It will be same 797 along w/ letter stating that it has been re-affirmed. You will have to talk to VFS and go to the consulate. I don’t think another interview would happen or PP will be stamped instantly, but they would collect the information along w/ passport.
Hi Saurabh,
My petition is now ‘Current’. Can I file for I485 while in India or can we start a Consular processing from India. Would you know the process ?
Thanks…
I think you can start consular processing from India, but I don’t know the process.
Hi Saurav
My H1B was filed on Sept 1st week 2011 at Vermont Service Center. Still it shows Initial Review. Latest by when can we expect some movement in this regard?
Thanks
Tara
Late last week there were some petitions approved by VSC that were filed in 1st week of Sep. So your petition should also see some movement within next couple of weeks.