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/”]
Hi everyone,
I would suggest that not to file H1 through a small or not well established company. I got 221(g) for H1B stamping and applied for H4 after a month, again got a 221(g). VO said that he has to check with my H1 status and whether I can be issued H4 or not. Atleast he did say that because my company is not a established company, they kept my case in pending. That’s why I would suggest that file your H1 petition with a well established company.
Thanks,
San
Saurabh,
My attended for H1 in New Delhi on 28th Feb and 221g was issued. We waited for a month and then applied for H4 in Hyderabad. She attended her interview on 19th April and the VO told her that he has to check with New Delhi before he can issue her a visa and gave her passport back. Have you seen similar cases. Please share your experience with such cases and what are the chances of getting an approval.
Thanks,
Sri
Sri,
I remember seeing one similar case where 221g was issued when going for H-4 interview after having a pending H-1 221g. However, I have also seen cases where no such 221g was issued during H-4 interview and the visa was approved. So it seems like they are not following any standard process and it is left to VO’s discretion (which brings in the luck factor). You can see a successful stamping experience on the site (it is one of the recent articles on the blog).
Friends, I’m planning to scheduling H1 stamping interview in Chennai consulate on May. Do I need to submit packet 4 documents to VFS counter at least 10 days prior to visa interview date as per the below link?
https://www.vfs-usa.co.in/USIndia/ivchennai.html
I had an impression that no advance document submission is required for Chennai consulate. Is it something new procedure or Am I referring to incorrect link?
Please advise me. Thanks
Please never mind for my previous posting, I had incorrectly referred immigrant visa link and I should have referred non-immigrant visa (H1B) link. I confirmed that there is no advance document submission for H1 visa stamping interview in Chennai consulate. The advanced document submission requirement is only for Mumbai consulate atleast 3 working days prior to the interview date and Hyderabad Consulate (as applicable for H,L and BEP applicants ).
https://www.vfs-usa.co.in/USIndia/nonimmigrantvisas.html
ASK
I think that is for the immigrant visas not non immigrant visas, if you are applying for H1 it comes under non immigrant section.
here you can check the details about the procedure for Chennai, I have booked appointment on 30th April at Chennai.
https://www.vfs-usa.co.in/USIndia/working_NCHK.html
Thanks,
krish
Hi all,
Thought of putting my experiance with 221(g). It took me well over 8 months to get my visa stamped after my h1b interview which happend in chennai consulate. Following are the events. It was so frustrating to finally get my visa stamped with less than 2 months to expiry.
1.Visa got approved on Oct 2010.
2. My company lost/ not recieved orginal approval notice.
3. Duplicate approval request was filled and got my duplicate approval notice after 6 months.
4. Went for the stamping on May 2011 and got 221 (g) stating client is different and hence asked for the client letter.
5. Furnished client letter. However consulate issued another 221 (g) stating they need ‘Technical document’ . Even our immigration didn’t had a clue of what it was and later we came to know about what it should have and we furnished it.
6. After 2-3 months consulate again came back issuing another document submission. This time it was ‘client request letter’.
7. We furnished client letter, SOA, Work agreement and everything possible so that they wont revert back this time.
8. After 1.5 months they finally stamped my passport with the visa; with visa validity ending within 2 months time frame.. :-0
Experiance was really exhaustive for me.
Bijoy, Can you share your contact details? I would like to talk to you. Or you can call me at 646 651 6383. My wife is on the 221G and want to see what we can do.
Satish
Congrats Bijoy. Have a safe trip to US.
Hi,
I got H1b papers EC Model first time, in petition they mentioned Hyderabad consulate, I am little scare to attend in Hyderabad.
is it possible to attend in Chennai or will it give chance to ask VO more questions?
Please advise…
Thanks,
Krish
Krish,
Some time ago I read that one is now allowed to appear for interview at any consulate. You can check w/ VFS if that is still applicable or if it has changed.
Hi,
EVC visa approved at Chennai after 221g > case sent back > reaffirmed > re-interview. I received my passport with visa in a week.
Link to my earlier post: http://redbus2us.com/h1b-visa-stamping-221g-tracker/#comment-33706
Here is my re-interview experience:
Once VFS responded that I could come with the reaffirmed petition on any Tue/Wed/Thu, I emailed them and specifically asked if I needed to take a new appointment by paying the HDFC fee. This was their reply:
—–
You may come in on any working Tuesday/Wednesday/Thursday between 10am to 12pm. There is no need for you to take the appointment. Please carry a hard copy of this email for your reference.
—–
I had to show the VFS letter to gain entry. The VFS booth located outside the consulate in Chennai will need proof that no new appointment is necessary. Therefore, it is better to have an email from VFS stating so. To make things easier at the booth, it is better if each applicant carries a copy of the VFS email.
At the VFS counter inside, the person asked for my passport, original reaffirmed petition I797C and the same DS-160 confirmation page that I had used during my first interview in August 2011. He bundled these docs together, gave it back, and asked me to proceed to the other building for the interview.
When my turn came at the interview counter, I gave the bundled docs to the VO. He also asked for the LCA, I129 and USCIS letter. I gave these along with a latest letter from my employer stating that my position was still available. Questions asked were:
1. Are you with the same employer?
2. How long have you been in the US?
3. How long with the current employer?
4. Who is the client?
5. What is the client’s address?
6. Has your employer filed for your green card?
The VO did not ask for any other documents. The VO said he is approving my visa and I will get my passport in a week. He kept my passport and DS-160 and returned the rest – I797C, LCA, I129 etc.
Some Notes:
1. Chennai consulate sent back my original I797A petition to USCIS and Vermont Service Centre reaffirmed the same.
2. My employer’s attorney received original I797C few days after my employer received the I797C courtesy copy
3. The petition did not expire under review and is still valid. I plan to travel with the original I797C.
4. Though the VO who had interviewed me the first time was available and interviewing at another counter, a different VO interviewed me this time.
5. I did not involve any Congressmen or Senator to inquire/expedite my case.
6. USCIS/DOS/Consulate did not contact my Employer/Vendor/Client anytime.
7. The case status on USCIS website is still showing the old message: Post Decision Activity – USCIS received this case from DOS with a request that we review it…”
Regards
Ram
Ram,
Can you share your contact details? I would like to talk to you. Or you can call me at 646 651 6383. My wife is on the 221G and want to see what we can do.
Satish
Congrats Ram, and thanks for sharing your experience w/ us.
Congrats Ram
Have you took new client letter with you.
Are you working from india all those days.
Thanks
S
Hello,
I am going to Mexico for stamping in June. I work in EC model (more than 26000 employees world wide) and I am planning to take the following documents:
1. I129 + complete petition documents (The entire set submitted to USCIS by my company 200 pages)
2. Contract between my company and client
3. Client Letter
4. Employment verification Letter
5. I797
6. Pay Stubs, tax returns, W2’s, bank statements and other standard documents needed for interview.
Is there anything else I can take? Please let me know. I have had two successful stampings in the last 4 years in India without questions, this is the first time I am going to Mexico and I am little nervous.
Giri Subramanian,
These should be sufficient. Also carry information on how you manage employer-employee relationship while working at the client site.
Hi,
I am in VISA stamping process for H1B. I am working with a MNC.
It would be a great help if you can clear following queries:
1) I don’t have client letter but the company is ready to provide SOW. What are the other docs which I should collect from company to make my case stornger?
2) My petition is approved for one year but the client was different, and now I want to go for another client. Docs Needed?
Ajay
Ajay D,
1. You can carry SOW, information about your itinerary, specific job responsibilities and details on employer-employee relationship
2. You should file new LCA and get H-1 amended for the new client and location.
Hi,
I had my interview for H1B at Mumbai on 9 November, 2011. I received 221 g Blue requesting petitioner related documents. Submitted them on 20 December 2011. After that US consular came at my india office location for another interview/investigation on 10 Feb 2012. And since there is no reply from US consulate. And my petition will exper on 1st Oct 2012 . How much time US consulate need for same ? i heard about that there is 6 months Maximum limit for status result. Is it true ? Please suggest.
Thanks
Vivek
Vivek,
There is no set upper limit. It can anywhere from few weeks to several months for them to complete the processing.
Hi Saurabh,
Thanks for your valuable information.
My Husband attended h1b visa interview(processed through private consultant) in Chennai on Jan 27 th and was issued 221g Green Slip. Till now we have not received any update. His visa is valid only thill November 2012. Meanwhile he has joined new organization , a leading MNC (switched his job in India). Now is it possible for his new employer to file Cap Exempt petition for him, before getting the 221g status? Also if his 221g is rejected, can they file a H1B cap exempt petition this year? Kindly provide the Cap exempt filing fee details.
Kindly provide your suggestions.
Thanks,
Sathya
Sathya,
Yes, the new employer can file cap-exempt petition and he can then go for H-1 visa stamping again. The fees would be same as the new petition around 2000-4000 USD depending upon employer size and number of employees on H-1 and L-1. Attorney fees and PP fees separate.
Hello Saurabh, First of all I would like to thank you for all your replies. Saurabh, I am still confused about the question I asked you regarding the travel to India after the H1B approval on a valid OPT. Please see the below questions.
I am currently on OPT which is valid till DEC 2012 and F1 status valid till AUG 2013. Applied H1in Premium on April 4th.
1)Saurabh, You said that we can travel to India on a valid OPT after H1 approval, and the H1 gets effective from the October 1st automatically and there is no need to go to stamping, Could you please tell me on what basis you gave me that answer? Is there any word document or USCIS statement that confirms this answer? As you know this is a very tricky question so my employer wants me to be on a safe side by collecting all the proofs or evidences of USCIS that guarantees this answer.
2) According to my employer I cannot travel after the H1 approval as I applied for my H1 with the I-94 that is currently present in my passport. So when my H1 gets approved I would be receiving a new I-94 with the approval notice with the same I-94 number as the current I-94 in the Passport. So If I travel to India after my H1 approval this current I-94 in the passport would be taken and a new I-94 with F1 status till the OPT end date is given right, so this means that I would be entering U.S again as a Student and my H1 status that got approved with old I-94 would be gone. So How will my H1 gets automatically effective from October 1st?
3) As you know USCIS always follows the “Last Action Rule” which would be F1 in my case if I travel after my H1 approval. When my H1 gets approved USCIS will update my information in the system as H1 with the begin date of October 1st. So while coming back my new I-94 with F1 status would over write this H1 status right?What are your thoughts on this?
4) Could you please tell me how the H1 gets automatically effective from October 1st? Does it get automatically kicked off based on my information in their records or do I need to fill any form such as I9 and submit to the USCIS before October 1st for H1 to be effective from October 1st?
5) Do I need to submit the both I-94′s the current one in the passport and also the H1 approval notice I-94 when going to India? If they take both the I-94′s what should I do in this scenario?
6) I saw many mixed answers on the other sites on this question asked by others. Do you know anyone who faced this scenario and got H1 automatically effective from October 1st?
7) Suppose If I get my H1 approval on may 2nd starting from May2nd to October 1st what is my status? OPT or H1?
For eg: there were questions asked about same scenario on your site and you answered saying not to travel. But you are saying now that it is safe to travel and we can be on H1 automatically from October 1st without any stamping.
Please see the questions from shiva and sukumar and answers given by you in the below link..
http://redbus2us.com/new-h1b-rules-impact-f1-opt-status-to-h1b-visa-for-2011-options-for-opt-to-h1b-conversion/
You said that if H1 is applied with COS and it gets approved then H1 will immediately start from that date and we would be on OPT. But H1 should start from October 1st right? If we receive H1 approval in may, right from May we would be on H1?
Saurabh, the above asked questions seems to be a lot and big. I am sorry for that because I am in critical situation now and need to know the answers for each and every question to explain my employer about the safety in Travel. I apologize once again and I appreciate your help in answering these questions.
Thanks a lot Saurabh for all of your answers and would be waiting for the answers to the above questions.
Rithwik,
See my response to your other post on this topic.
Hi Saurabh,
First of all thanks for helping all of us. I do have a question.
I got 221(g) more than a month ago. I am working remotely from India. Now I am planning to apply for H4. While filling DS160 form, in the current work exp/education, what should I answer for it – as working or not working?
San,
You can mention either, preferably remain truthful. It will not impact the outcome of your stamping.
Saurabh,
I have been following your forum for over 5 months now and would like to first laud your efforts in helping people with their queries.
Here is my experience:
I had my interview for H1 at Hyd in November, 2011. I was in US earlier on F1 OPT and got H1 approved there. I received 221 g yellow requesting petitioner related documents. Submitted them in December 2011 and was waiting ever since. Have been working remotely for my company in the mean time. I received an email from the consulate last week asking for passport submission. Did the same and waiting for the passport now.
Hoping and assuming that I can get my stamping done following my passport submission, I would like to apply for my wife’s H4 immediately with whom I got married in Dec 2011. With recent issues with H1/H4 stamping in mind, do you think it would be better for me to go to US before my wife’s interview date to avoid issues. Will it really affect her chances of approval in any way and does it matter if I am still in India when she goes for her interview?
PCC,
Once you are cleared and receive the passport, it should be easier for her to get visa stamped. So you can send her for visa stamping while you are still in India. There is a possibility that it will get approved, and you will be able tot travel together to US.
I wrote you you about my Husband’s case earlier. He was on H1B,got laid off and went to India for his H4 visa stampingas I am on H1B as well. He had interview at mumbai consulate on 7th march 2012. We were waiting for his Barcode number to be appered on pdf file for mumbai consulate and as he got 221g yellow. But it never appeared. Mean while we contacted state.gov at washington DC couple of times. Only once one lady told to submit his passport and from other day everyone says its pending under administrative processing. We contacted VFS through e-mail sending all his details. They replied to submit passsport. Still his number is not on site. He called VFS and they said still under administrative processing. Again send then e-mail as they told on phone because same office gives different answers on phone and through e-mail. Again on e-mail they says to submit passport. Meanwhile I contacted local senator here in USA and he made inquiry very fast. And consulate says to senator that “his case is pending under administrative processing awaiting for submission of his passport. We will process his case as soon as we receive his passport.” His going to VFS tomorrow with all these letters adn e-mails to submit his passport. I don’t know what is going on at consulate…everone is giving different answers. Do you think they will give him visa or any further query? I will update once will get any updation. 221g is literally a harassment.
HI PTS,
Thanks for posting your experience with worst 221g but keep posting i am also in the same boat
I wish you good luck
PTS,
It is not possible to say w/ surety what will happen. Stay patient.
My husband got his H4 stamped finally.
Here is a the story for 221g
Visa interview : 7th March 2012 at mumbai consulate, got 221 g yellow no docs asked
number appeared on pdf file: Never, contacted VFS by e-mail and phone and also senator, he made inquiry too
PP submitted : 04/13/2012
visa stamped and got PP : 04/18/2012
Try to contact VFS through e-mail and local senator
Congrats PTS and your husband. Have a safe flight to US!
Saurabh,
for H4 interview – is it required original i-797 & i-129 or scan copy is ok , because i have interview on 18th april at hyd and right now i have only scan copies.
thanks
Lucky,
For H-4 just the clear copies should be sufficient.
Hi Saurabh,
Today my H4 interview was done morning and VO said that “your visa is issued and will come in 2-3 days” and asked simple questions about marriage , child, where she work & my wife W2 and also where do you live in USA. thats all.
my wife’s current i-797 valid till june 15th and got extended from june 15th dec 2013
While taking the appointment,i entered Letest i-797 with dates. and i submitted to Visa Officer, both current which is valid till june 15th & Latest whcih is June 15th 2012 to till Dec’2013.
My question is:
>> willl i get visa approval based on Latest i-797 or current i-797?
>> if i want to fly this weekend , can i do that?
Appreciate all your support…
Thanks
Lucky,
Congrats on your approval.
1. As you have submitted both 797 information, they should issue it as per extended 797.
2. Even after they mention that the visa is approved, it can still take time to arrive (they can still put in administrative processing). So unless your passport is dispatched, there is still a possibility of delay.
Hi Saurabh!!
I have given 221g white and no documents requested,
What is meant by 221g white i gave all the documents,then what is the problem with the VO??
and how much time it will take to approve??
thanks
Abcd,
The color varies w/ consulate. At times, they just need to do administrative processing at their end and don’t need any documents for the same. In general, there is no set processing time and can take few weeks to several months.
Saurabh,
Visa officer sent my petition back to USCIS for review in Nov, 2011. Since then I have been working remotely and my pay check is running in US.
Is there any time limit for how long can I work remotely or till my petition is under review?
Does I94 has something to do with working remotely?
Thanks in advance,
Baljeet,
As long as your employer/client are fine w/ the arrangement, you can continue to work remotely. However, I don’t know what the tax implications are w/ such an arrangement.
Hi Saurabh,
There are tax implications if you work remotely from India for more than 60(or 90 days) days. It is not the person but the company become liable to pay taxes to Indian govt. If the company does not have any presence in India then they do not care about it but if you are with a company which has presence in US as well as India then they should pay additional taxes.
-Shailesh
Thanks Shailesh. That is good to know.
Interview date Mar 26h.
My previous sponsor is now my current client. VO asked Q’s to establish Employer/employee relatioship.Signed on white paper with answers. Got a 221 G yellow with no add docs requested. Was told that update will be there within 1 or 2 weeks. CEAC number still not on the website.
emailed VFS – got a standard response that they have no control over processesing times or any info.
will keep posted with any developments.
Saurabh,
H1b issued 221g on jan5th 2012 with Admin.Processing, and till date no update. So, i am planning to apply for H4 Visa now. today i paid HDFC fees and trying to fill DS-160 online.
I am just afraid to filling DS-160 for H4 visa as there are many questionaire about my previous visa like following :
do i need to enter SSN or Dont?
anyone filed before petition on behalf of you with USICS ? Y/N
were you issued any US Visa ? Y/N
Were you previously employed? Y/N
employment information from date to end date.
is all required for H4 visa about my previous visa information ?
Please Advice if you all anyone with H1 pending 221g and applied for H4 and help me to fill DS-160
Thanks
Lucky,
You need to be truthful about all these questions. Yes, all these questions are required even for H-4 visa. I read one case recently on the blog where someone was able to get H-4 visa after getting 221g for H-1. I asked the person to provide experience details, but he hasn’t responded yet.
Saurabh,
I am applying for h4 for my wife as we did not recieve any update on her h1 221(g) in almost two months….. One question: When filling DS-160…what should our answer be in primary occupation field……since she cannot work…..
Thanks,
Sri
Sri,
This is in the section where one has to provide current and past employment, right? If she is currently not working, then she can leave current employment as not employed. She can then mention about the past occupation.
Hi Lucky,
I had similar issue. I had visa interview for my H1B extension in Jan 12. They gave me 221g saying that my case will be sent to USCIS for revoke. As my wife had H1B, I applied for H4 visa in Mar and now I am in USA. As my client offered me fulltime, I got H1B transfer after coming back to US.
Regarding your questions, you need to fill all details same as how you filled for your H1B stamping.
Let me know if you have any questions.
Thanks,
Kittu
Hi Saurabh!!
I have attended h1b stamping in hyd today got 221g white form.i don’t have a case number so to whom i have to ask? They have not asked me for any documents also
and VO took original I797 forms all three
Is it took do they return those or i am fine without them?
Thanks
ABCD,
3 797 forms? How did you have 3 797 forms?
Once they approve the visa, they will return the 797 along w/ the passport. 797 is a must document when you have to travel to US and work on H-1.
Hyderabad consulate good for H4 visa approval ???
my situation:
H1B issued 221g blue slip with Admin.Processing at chennai on jan 5th 2012 and now applying for H4 visa.
please share if anyone got approval from Hyd consulate OR which consulate is better for H4 approval
Thanks
Lucky,
I know of two people who went to hyd consulate after their H1B got rejected ( not 221(g)) and have H4 approved.
Regards,
Sri
Hello All,
i am planning to apply H4 Visa now, which consulate is best for H4 visa ? currently my H1b visa is pending with 221g Admin.Processing.
Appreciate quick response
Thanks
Lucky,
I had similar case like you and I got H4 stamping in Hyd. It all depends on luck.
Thanks,
Kittu
Hi Kittu,
> for H4 interview, what are the questions VO asked and at Port of Entry ?
> what are the documents VO asked you?
> did you withdraw your H1b before H4 appointment which is under 221g Admin Proc ?
> if you did not withdraw your H1b, what is the process after landing in US ( to transfer H4 – H1)
thanks
Thanks Saurabh and others, today I had my H1 visa stamping successfull at Hyd.
Questions asked:
1. how many employees in your company.
2. what does your company do?
3. salary?
4. W2 for 2011
5. previous job? why did you leave?
6. where is your company located?city/state?
7. who are your clients?
8.educational background?
Thanks again and good luck for other who are going for stamping. This blog was very helpful!
Congrat Ben! Have a safe trip to US.
Hey Saurabh,
I was given a 221 G green slip in absence of client letter. They had asked me about it since my petetion was made for X client and I was going for an interview for Y with a new LCA.
I work in EC model. My client Y doesn’t issue client letter and doesn’t want to issue any letter in lieu of that. I could still submit SOW and MSA.
Have you come across any case where Visa was given on SOW and MSA and Cover Letter explaining the missing client letter?
Any help is appreciated.
Thanks
Rajul
Rajul,
If submitting SOW, MSA is your best bet in absence of client letter, then that’s what you should do. I don’t know if they will be accepted or not, but you can submit an accompanying cover letter explaining the situation.
Hello all,
Need opinion on Interview waiver program (IWP).
I was on valid L2 visa until 24th April 2011 and after that was on H1 b . During stamping in India I got 221G which is not cleared yet .
I am thinking to apply for L2 visa with Interview waiver program ( IWP) .Want to clear few things though before applying :
1) 221g is not a refusal as this is one of requisite for IWP .
2) Has anyone applied through IWP and got successful visa stamp on passport .
3) How long it usually take to get visa processed through IWP
Thanks a lot.
Jaya,
221g is considered as refusal, and so you cannot apply for IWP.
Hello Saurabh,
Thanks for your reply .
I did call VFS center and they told it is not a refusal , even I think it is considered as refusal , but just checking if I have option .
What do you think , I should trust VFS reply or go according to what I know.
Is there any link/site where I get the better/ written information on this.
Thanks
Jaya,
There is a question in DS form asking whether any visas have been refused in the past. If someone was issued 221g which later got resolved, that person still has to write Yes as the answer. So I would still say to consider it as refusal. Search for ‘221g refusal’ and you will see several links from prominent sites stating the same.
Hello Guys !
Any thought or experience what is going on at US embassy New Delhi. I got stuck for 5 months and no news so far.
1- First interview on 17th nov 2011 got 221g yellow form ( Employee -Employer relationship needs to be reviewed.
2- USCIS reaffirmed the approval 13th Jan 2012
3- Re-appeared for interview on 27th Jan 2012 and got 221g green form to submit current employment letter, LCA and passport
4- Submitted all on 30th Jan 2012 at VFS Delhi.
5- Send couple of follow up emails to VFS helpline and response was still under AP
6- Received an email from VFS based on my follow up saying that requested documents were not submitted ( point #3).> Shocking news and worry about my passport.
7- Employer submitted the documents again on 14th march directly to vfs
8- VFS sent response on 21 march saying documents forwarded to US embassy.
9- Mean time I requested to return the passport and got back it on 2 apr 2012
10- Send follow up emails and response says it is still under AP
I am not sure what is going on at US embassy/VFS. Does any one have clue/such exp?
Please share your thoughts/exp if any
Hey Raj_New Delhi,
Can you share some details on your second interview? what model are you on? EC or EVC? I have a reaffirmed petition and have emailed VFS on the next steps, nothing so far. How was your second interview time/date communicated to you? Were you grilled on the employer/employee relationship part?
Thanks
Hi,
I had my H1B stamping interview at the consulate this on April 2nd and I was handed a yellow letter with administrative processing checked on it.
During my interview the consular officer said that everything on my file was perfect but the petitioner has filed with some wrong status. she also said that it usually takes about 2 weeks to get this corrected but she cannot promise anything
Can someone point out how long do such cases to resolve? Is there something I can do to expedite the process? My job is at stake as my employer might fire me .
Please help …
Ronak,
Cases can take few weeks to several months to resolve, depending upon the case. I don’t know what officer meant by wrong status, but if they said 2 weeks then it should get processed in new few weeks.
There is no way to expedite the process. Did they ask for any documents? You should let employer know about 221g reason as its related to employer and not you, and so not in your hand.
Hi Saurabh,
I have visa stamping interview on April 9th. My H1 was approved on Jan 19th 2012 and is valid till oct 2014.
My questions are:
1. If the VO asks me till when do you plan to stay in the US, what should I say?
2. If he asks what will you do after oct,2014, what do I say?
Can I say I will apply for extension or should I say I will return back?
Ben
Ben,
1. You mean how long you want to stay in US – your response should be Oct 2014 (petition expiration date).
2. You can say you haven’t thought about it, and it will depend upon the circumstances then. Or you can say if employer is willing to file extension, then you can continue to stay. However, this question is usually not asked and it’s response doesn’t impact the outcome of the stamping.
Hi Saurabh, I applied for H1b on April 3rd 2012 in Premium Processing. I am on OPT Extension now and it expires in December 21st. I know that our H1 starts from October. I have to go to India this month, So Is it ok If i make my travel india next week? what happens if I get my H1 approval when I am in India? Do I need to go for Stamping before coming back to U.S as I got the H1 approval while I would be in India? Is it mandatory that I have to go for H1 approval?
Rithwik,
If you leave US while H-1 is under process, then COS will be abandoned. This means your status will remain OPT even after Oct 1 and you will either have to file COS to H-1 later, or get H-1 visa stamped from a consulate and then enter US on that visa.
You can return on F-1 visa as well, provided it is still valid and you have OPT employment to show. Also, get your I-20 endorsed for travel from school and travel employment documents for OPT.
If possible, leave US after H-1 has been approved. This way you can still return on OPT and be on H-1 from Oct 1 (provided your H-1 was filed w/ COS).
Thanks a lot Saurabh for your prompt reply… But Saurabh what do you mean by COS(Change of Status). Is that applied by default with H1? I don’t know whether my H1 is applied with COS or not, will ask my employer… But Saurabh what I heard was If we go to India after we get H1 while being on OPT, we have to go for stamping before the start date of October 1st Is this true? as the I-94 number would be different with what I had given for my H1…Is this true? Saurabh, Can I apply now for COS if my employer had not applied my H1 with COS…
Saurabh, Could you please suggest me Is there anyway that I can go to India if my H1 was applied wihtout COS? Could you please suggest me something as I really need to go to India….
Rithwik,
You can read this article on COS. You can check w/ employer if the petition has been applied w/ COS or w/ consular processing.
You need to get H-1 visa stamped if you are planning to return to US after Oct 1. If you are planning to return to US prior to Oct 1, then you can return on F-1 and still be on H-1 from Oct (provided your H-1 is approved before you leave US and its approved w/ COS).
If H-1 is applied w/o COS, you can still travel to India and return on F-1. You will continue to remain on F-1 status in this case. To be on H-1, you will have to get H-1 visa stamped and then return on H-1 visa around Oct 1.
Before we discuss more, you should check w/ employer if they filed w/ COS (which is what most employers do).
Hello Saurabh, First of all I would like to thank you for all your replies. Saurabh, I am still confused about the question I asked you regarding the travel to India after the H1B approval on a valid OPT. Please see the below questions.
I am currently on OPT which is valid till DEC 2012 and F1 status valid till AUG 2013. Applied H1in Premium on April 4th.
1)Saurabh, You said that we can travel to India on a valid OPT after H1 approval, and the H1 gets effective from the October 1st automatically and there is no need to go to stamping, Could you please tell me on what basis you gave me that answer? Is there any word document or USCIS statement that confirms this answer? As you know this is a very tricky question so my employer wants me to be on a safe side by collecting all the proofs or evidences of USCIS that guarantees this answer.
2) According to my employer I cannot travel after the H1 approval as I applied for my H1 with the I-94 that is currently present in my passport. So when my H1 gets approved I would be receiving a new I-94 with the approval notice with the same I-94 number as the current I-94 in the Passport. So If I travel to India after my H1 approval this current I-94 in the passport would be taken and a new I-94 with F1 status till the OPT end date is given right, so this means that I would be entering U.S again as a Student and my H1 status that got approved with old I-94 would be gone. So How will my H1 gets automatically effective from October 1st?
3) As you know USCIS always follows the “Last Action Rule” which would be F1 in my case if I travel after my H1 approval. When my H1 gets approved USCIS will update my information in the system as H1 with the begin date of October 1st. So while coming back my new I-94 with F1 status would over write this H1 status right?What are your thoughts on this?
4) Could you please tell me how the H1 gets automatically effective from October 1st? Does it get automatically kicked off based on my information in their records or do I need to fill any form such as I9 and submit to the USCIS before October 1st for H1 to be effective from October 1st?
5) Do I need to submit the both I-94’s the current one in the passport and also the H1 approval notice I-94 when going to India? If they take both the I-94’s what should I do in this scenario?
6) I saw many mixed answers on the other sites on this question asked by others. Do you know anyone who faced this scenario and got H1 automatically effective from October 1st?
7) Suppose If I get my H1 approval on may 2nd starting from May2nd to October 1st what is my status? OPT or H1?
For eg: there were questions asked about same scenario on your site and you answered saying not to travel. But you are saying now that it is safe to travel and we can be on H1 automatically from October 1st without any stamping.
Please see the questions from shiva and sukumar and answers given by you in the below link..
http://redbus2us.com/new-h1b-rules-impact-f1-opt-status-to-h1b-visa-for-2011-options-for-opt-to-h1b-conversion/
You said that if H1 is applied with COS and it gets approved then H1 will immediately start from that date and we would be on OPT. But H1 should start from October 1st right? If we receive H1 approval in may, right from May we would be on H1?
Saurabh, the above asked questions seems to be a lot and big. I am sorry for that because I am in critical situation now and need to know the answers for each and every question to explain my employer about the safety in Travel. I apologize once again and I appreciate your help in answering these questions.
Thanks a lot Saurabh for all of your answers and would be waiting for the answers to the above questions.
Rithwik,
Here is an article published by a prominent lawyer that answers most of your questions.
1.I got scanned copy of letter from client. It is on client letter head.Should I take color print of it or xerox will do?
2.Also, my signed extension document (SOW CR) has not signed by client, I am expecting it in couple of weeks. But the problem is my Project end date is 31st May,2012. So what will be the best approach?
1. Submitting unsigned document with client letter?
2. Wait for document for another two weeks and send both client letter and CR document. The only problem with this approach is that , only 1 month left for my project end date. Will it create problem for stamping? Can officer issue visa for such short period?
Nikhil,
See my response to your other post.
Hi Saurabh,
I am waiting for my wife H1 docs to apply for H4 Visa, and can i take appointment today meanwhile? as of today appointment dates are available on Apr’27 in all the consulates. So, if i take appointment today , will it be any problem to my existing H1B (221g Blueslip from chennai, which is issued on Jan 5th 2012)?
Thanks
Lucky,
You can schedule the appointment as long as you know her H-1 petition details (number, expiration etc). In general, pending 221g should not impact H-4 stamping. However, I have seen few recent cases where 221g was issued during H-4 stamping asking for a resolution on pending H-1 221g. So you will have to watch out for that.
I checked the status on USCIS and it has changed from decision to post decision activity. I was issued 221g on EVC model and my case was sent back to KCC.
On April 3, 2012, a USCIS office received this case from the State
Department with a request that we review it. We will notify you when
we complete our review, or if we need something from you.
Any rough guess about how much time would it take for USCIS to make a decision. I know it varies from case to case.
raj_raj,
It can take 1-4 months, or even longer.
Hi,
I work for an EC model. I had gone for interview on 13th of March 2012 to Chennai. I had my H1B petition filed for Client X and then my client (Y) got changed but my employer is the same. So I went for interview for new Client Y with the changed LCA. The VO asked me if I was travelling to another location earlier. I replied that I was working on another project when my petition was applied. Then she asked me for a client letter from new client. I didnot have one, I told her that I have only the new LCA. So she gave me 221(g) Green form asking for Client letter, and she asked me to submit it along with the passport. My problem is that my Client is not ready to give the client letter for another 3-4 months and my petition will expire by then.
I had a query that if I go for a new client within the same employer, Can I schedule a new interview with the same petition, keeping my this case on hold.
If that is not possible, is there any way to close this case, so that i can go for fresh interview with this petition only.
Please help me with this issue as could find anything regarding this on the forum, and if I have to again apply for H1B petition, it will delay my travel by a year.
Meenakshi,
If you now find a client Z and want to go through them, then you need to have LCA and H-1 amendment for that client Z now. Once you have that, you can go for another visa stamping carrying the latest documents.
I am not sure if you need to withdraw old petition or not. I saw a recent case where the person was asked to withdraw the old petition, but in that case the person was appearing for H-4 visa after getting 221g in H-1. But I guess it would be ok to go for another H-1 interview w/ one already pending. You can check w/ your attorney as well.
Thanks alot Saurabh.
1. Someone told me that if I am not able to provide the client letter, I can go ahead with the SOW(between my Client and employer) and Right of Control letter from my employer, that also works sometime. Would that work?
2. What is H-1 amendment. Should I have done it when I changed to Client Y, as that time I had only the changed LCA . How much time will it take for the amendment?
3. Are there chances of rejection if I go for new interview, as one case is already pending. What is the best option for me now at this point.
Meenakshi,
1. Yes, it can work but it’s not a surety.
2. Yes, it should have been done when moving to Y. Whenever underlying LCA is changed, USCIS expects H-1 petition to be amended. It can take few months to process
3. When you go w/ same petition, there is a strong possibility that another 221g will be issued. Go for another interview if you are taking another petition from same/different employer.
Hi Saurabh and all,
I went ahead and submitted the SOW and ROC letter in lieu of Client letter along with passport and other documents asked by VO. I mentioned in a cover letter that my Client has a policy of not issuing such letters. I submitted the documents on 17th of April and received my stamped Visa on 2oth of April. Thanks for all your support and guidance.
And all the best to everyone who is stuck with 221(g).
Thanks,
Meenakshi
Congrats Meenakshi! Have a safe flight to US.
Anybody has got their Visa stamped after Jan 6th 2012 For Blue Slip? I went for an interview on 6th jan, got blue slip, again got email for additional docs within a month submitted those docs but after that no response from Mumbai consulate. Is anybody in same situation?
Hello Saurabh/ All,
You might have come across my case many times, I think many of them here are with the same situation. Went to visa interview at Hyderabad, answered honestly without knowing the Employer-Employee relationship guidelines. Was issued blue form, with no documents asked, after 3 months of waiting got a mail from consulate saying the visa has been refused as the LC amendment was not there, and I was reporting to client manager and not to my employer. My case was sent back to USCIS for revocation on March 26th. I was expecting this after I came to know about the employer employee relation ship guidelines. So even before my petition was sent back, I got a new employer and had a new H1 filed. Got the H1 approval and now I have to go for an interview again with a new H1 petition.
My question here is, it will be better to go to the same consulate, but the new h1 approval notification was sent to Chennai consulate, so do you know any cases that were approved with a new petition going to a different consulate than the consulate where they were issued 221g first time?
Thank You!
Abhinav
Abhinav,
I don’t know of the fate of the cases when the applicant went to a different consulate. If the visa was approved for Chennai and it is easy enough to travel to Chennai for interview, then you should do that.
Hi Abhinav,
I have the similar case where I was given 221g on H1 and then I got a new H1 approval with a different employer and now I am going for the interview on the new petition. Are you going to withdraw the existing pending 221g case before going for the interview again with the new petition? I was wondering if I withdraw the pending 221g or not.
Hello,
I had my H1B approved in March, 2011. I wasn’t able to get the stamping done as I was going on a maternity leave to join my husband in the US. Now, I would want to get the visa stamped and join work at onsite. Is it possible to get the stamping done at this time. If so what will be the visa period, is it per the petition or is it the number of months from visa stamping date. Please advise.
Thanks,
Sowmya
Sowmya,
You can go for stamping now. You should carry recent employment related documents to your job when going for interview. If approved, they will issue visa stamp until petition expiration date.
Hi Saurabh,
The help you are providing to hundreds of individuals like us is commending. Thank you.
I would also like to mention that its unfair for USCIS to grant us H1b to be able to work in the US and when we go for stamping, the consulate holds the visa.
I am working directly for my employer, so that would be EE model? Also wanted to share my case:
Went for stamping: Feb 07, 2012 (received 221g green – ND)
Submitted docs: Mar 07, 2012
I haven’t received a response. I track my passport from the VFS website and it shows that my documents are still under process.
Are there any other websites/resources I can use to better track my case besides the VFS website? Does USCIS provide any tracker for green-slips?
NoobH1,
I agree that they should improve their process. There seems to be a big disjoint b/w USCIS and consulates. If USCIS approves a petition and then consulate rejects it, it is an indication that USCIS didn’t do the verification properly.
The only way to track the status is VFS/consulate site. Also, the consulates come under DOS jurisdiction and not USCIS.
Hi, My wife is exactly in the same case. She is right now in Delhi. Can you please provide me your details and would like to talk if you have found any options?
Dear Saurabh and Others,
I wanted to happily inform everyone that I got my passport stamped on Thursday and i am back to US today. God has been kind and i was able to receive the stamping in 4 days after i submitted my document.
My son had a medical issue and one thing i did was to write a hand writter letter citing this issue and requesting for an early resolution to my matter. Maybe the Consulate officer saw that and expedited.. I would suggest, if there is any such personal urgency, please do mention it while submitting the documents.
Good luck and wishes to all.
Regards,
MS
Congrats MS!
Hello MS, What is your employment model (EC, EVC) and how big is your employer (desi or MNC) ? What questions did they asked and how did you answer them ?
Can you please share them for the benefit of the group ? There are many people waiting like me to go to India if the Visa approvals are more.
Appreciate you time,
Thanks!!
Folks
Has any one been able to get visa stamped after a reaffirmed petition for an EVC model? I’m trying to see what my chances are.
Thanks
@raj_sk
can you provide me with timeline for your case starting from the date of the H1 interview. Were u interviewed at mumbai consulate and what questions were asked at the interview.
Thanks
Consulate: New Delhi
EVC Model First interview: Oct 31
Petition sent back on Nov 10 (No docs requested)
Petition Reaffirmed March 29
Attorney awaiting physical mail
EC Model First interview: Feb 22 (221G green issued)
Documents submitted: Feb 28
Petition sent back: March 19
No further update on this as yet
I am trying to find out how many people were successfully able to get their visa stamped after reaffirmation. I am really hoping to get through this time. If not, not sure if all this pain is worth it.
Thanks
Hey Raj,
I went for the re interview and was handed over a blue slip again. The officer asked me to sit while she goes thru the case. then she called the VO who took my interview before. Both of them discussed a lot and then called me. At the window the VO who took my first interview had the blue slip ready with her. The VO at the mike asked me the same questions again. I answered everything properly (for E-C model)…..the first VO was not at all interested. She was determined to give another blue slip. So they asked for the same documents again. Plus they have written down some more documents to submit. Like phone records between me n employer….plane tickets to employer location….and all possibly ridiculous things…….mine was mumbai consulate…….here the case is reviewed by the same officer who takes ur first interview…..not sure if Delhi has a better (unbiased) process in place for re affirmed petitions………what was the reason for ur 221g slips? I am doing the H1 transfer now to my client now…….did u get both slips for employer – employee relationship?? If yes then re affirmation interview might be tricky…..as they might check the previous interview responses…..
@Raj_SK
i have one question how do you got know that your petition got reaffirmed.. have you received any email from uscis.
My employer got the reaffirmed petition in mail (797 C)
Can you let me know about the reasons for ur 221gs……m kinda curious to know……..to gauge my chances for a petition transfer
ohh srry….i thot it was Raj_SK who replied back to my post….apologies……ignore the previous response.
I got an email from USCIS that the petition got reaffirmed.
The first 221G denial (EVC) was based upon employer employee relationship. The second denial (EC model), I dont know the reason as yet.
@Raj_SK
after getting email from uscis .. how long it took to receive(emp/attorney ) your new i797c..
which service center was processing your case.
@Neil No problem
Hi Raj,
I have a similar situation and just trying to understand your case. Did you go for 2nd interview (with new petition) when you first 221g was pending?
Hi Saurabh
I had went for H1B visa stamping in NOV2011 in HYD. INDIA.
after the interview vo gave me 221g white with admin processing checked on it.
Later after one weeek , i got email from us consulate hyd that my petition had send back to uscis.
On Mar 23 2012, I received 2 email s from USCIS, one stating that they received the case with a request to review from DOS.
Second email mentioning that they reaffirmed my petition and shipped it back to DOS for visa processing.
But when i enter my case number in online case status tool it shows the status as : USCIS had received the case with a request to review..
Do you have any idea whether my petition got reaffirmed or not.
How long it will take for uscis to send new i797c .. after reaffirmation..
Sh1B,
Your employer should receive the re-affirmed petition within 2-3 weeks. They can call USCIS to know what’s the current status (at times the online status is not the most reliable one). If you have received email that it has been re-affirmed, then probably it has been.
This is exactly what happened to me as well. It is almost a year now and my employer didnt recieve the re-affirmed petition. Employer tried contacting multiple time on my case but didnt get any updates on it yet. Are they still reviewing it or what could be the possible reason for so much time.
@Ragesh
have u received 2 emails from uscis .. one stating that application is under reveiw…and 2nd one stating that petition has reaffirmed.
i got those 2 emails on mar 23.
@sh1b
Yes I got both the emails from uscis….. however uscis website still shows the status as application is under review…. any idea what is going on with the application???
@Ragesh I don’t have any idea about this.
I was interviewed in Dec 2011, then with in one week i got email from consulate ,that my petition was send back to uscis.
then on mar 23 2012 , i got those 2 emails..
uscis website is showing the review status.
my employer haven’t received the new i797c till now..
Have you got both emails on same day?
can u please share your contact info.
@sh1b
yes received both the emails on same day…
@Ragesh
which service center was processing your case.
Thanks
@ sh1b
Vermont Service Center
Hi Saurabh
Do you have any idea here.
can you please provide your comment.
is the emails which i got for review and reaffirmation … on same day… means whether my petition got reaffirmed or not ..
i am confused here..
Thanks
S
sh1b,
IMO, your employer should call USCIS and follow-up to know whether it has been re-affirmed or not.
Hi Saurabh
Are you sure that if I got a email saying petition is re-affirmed then my employer will surely get a re-affirmed petition. I have been waiting since feb 2011 and my employer contacted USCIS many times but didnt get any response yet…
Alternatively what can be done?? Can the employer reopen the case again???
Thanks in advance!
Ragesh,
I can’t think of any other reason except that email was sent in error. Only USCIS will be able to tell w/ surety whether it has been re-affirmed or not. If it has not be re-affirmed then you will have to continue to wait for USCIS decision on it. Alternatively, another cap-exempt petition can be filed by same/different employer.
@Ragesh
do you have any update?
have your employer/lawyer contacted uscis
Thanks
s
Hi,
I got 221G from mumbai consulate on 1st Nov asking for client letter and project documentation. Clientis not ready to give client letter but aggrees to give following memo. Can you please confirm if this memo will work and what changes needs to be done in this memo so that my visa will be stamped.
Memo:
This memo confirms that XYZ, a full time .Net Developer, will be at our location at address:
XXXX
XXX
Fremont, CA
He is contracted as a Senior Web Developer with the following duties/responsibilities:
Developer for the XXX application in the WTS group. Will be responsible for all development activity from requirements gathering and analysis, design, code, unit testing, bug fixing, deployment and production support. Will interface with Stakeholders at all levels including support partners and management on both the business and technical sides.
He will be working as a contractor/consultant from ABC Consulting Inc. on the XXX Project which has a Project Start Date of 10/31/2011 and Project End Date of 05/31/2012 (with possibility of extension).
While XYZ is working for us as a contractor/consultant, this fact shall not render XXX liable as employer. Rather, the actual employer company shall function as XYZ’s employer and is responsible for all Immigration issues, Payroll, hiring, firing, controlling his work and any employee benefits according to relevant federal and/or state law, regulations or rules.
Sincerely,
XYZ
Client Manager
My queries are:
1. Will this memo work? What changes are required in this memo?
2. My petition location is San Francisco,CA, but in this memo client has mentioned address as Fremont,CA. will it be a problem? Do I need LCA for this? Distance between SFO and Fremont is 36 miles.
Nikhil,
1. Cannot say w/ surety but it may work as it contains all relevant information. I am assuming this will be issued on client letter head.
2. It can raise questions although both Fremont and San Francisco are in the Bay Area. You will have to check w/ your attorney on this.
1. Yes it will be issued on the client letter head. I am just concerned with following line :
He will be working as a contractor/consultant from ABC Consulting Inc. on the XXX Project. Is this word contractor/consultant is allowed in H1B?
Nikhil,
When working for a consulting companies, one is always contracting at the client site. So you will be working full-time for ABC but contracting for the client on XXX project. IMO, it should be fine.
1.I got scanned copy of letter from client. It is on client letter head.Should I take color print of it or xerox will do?
2.Also, my signed extension document (SOW CR) has not signed by client, I am expecting it in couple of weeks. But the problem is my Project end date is 31st May,2012. So what will be the best approach?
1. Submitting unsigned document with client letter?
2. Wait for document for another two weeks and send both client letter and CR document. The only problem with this approach is that , only 1 month left for my project end date. Will it create problem for stamping? Can officer issue visa for such short period?
Nikhil,
1. I would suggest taking colored print out
2. I doubt if they will accept the unsigned document. Do you mean to say that signed extended SOW is only valid till May 31? That doesn’t help much as their processing can take few months and it is possible that it goes beyond May 31 (even if you submit the unsigned document). If they accept, then they will issue visa until petition expiration date. Even if it approved for a shorter period, you just need to be valid enough to travel to US, and then not worry about the visa stamp until you travel out of US next.
Hi Saurabh,
Yes extension is just upto 31st May,2012. So do you mean that submitting such signed extension document will not work? What could be the best approach?
Nikhil,
Even if you get visa stamped, do you plan to travel to US prior to May 31? If you travel then extension needs to be filed immediately so that you can continue to stay beyond May 31. The other approach is to get a longer duration document and then submit those documents. 221g is such a slow process that it is possible that they do not process your case by May 31.
What is your attorney suggesting?
I got 221g light blue slip with Mumbai consulate asking me to submit the proof of job advertised to U.S Citizens for my job offer.
How much processing time it may take?
If we submit all the documents whatever VO asked for what will be my case or still there is a chance of rejection because VO said me that while issuing blue slip it is illegal?
Suresh,
Even after submitting the documents, they can still reject the visa based on their review. There is not set processing time and can take few weeks to several months.
Hi,
Last August I got 221g in Chennai followed by the refusal letter stating that the visa is refused and my case is being sent back to USCIS for review. Last month my employer received the reaffirmed approval notice I797C. We emailed VFS and got the reply below:
—–
Please carry the the 221-G letter copy and other relevent document along with your H1B reaffirmed petition at Chennai Consulate on any working day Tuesday/Wednesday/Thursday between 10 am to 12 pm. Please carry a hard copy of this email for your reference.
—–
Mine is an EVC model and all these days I have been working remotely for the same employer-vendor-client.
Do I have to fill out the DS-160 again? Or is the old confirmation enough for the re-interview?
Thanks
Ram
Ram
I dont think you have to fill out the DS-160 again as this is not considered a new appointment. I would still like Saurabh to confirm this. Please do update us on how your appointment goes, as there are a lot of people (including me) in a similar situation. I have been stuck for the last 5 months and recently got my petition reaffirmed. Still waiting for the Consulate to get back to me.
Saurabh,
Have you seen any successful stamping with reaffirmed cases? I am not sure what our chances are..
Thanks
Raj
Ram,
No new DS form is required. You can take a copy of old appointment letter and other documents along w/ reaffirmed notice, and appear for interview.
@ram ,
Please let us know how was u r interview.
i am in the same situation.
can you please share u r contact details if u don’t mind.
@ram
Have you went for the second interview.
Can you please let us know the questions.
Have you got your visa approved.
Thanks
S.
I have posted my second interview experience here:
http://redbus2us.com/h1b-visa-stamping-221g-tracker/comment-page-4/#comment-36202
Regards
Ram
Hi guys,
I am going for H1 stamping to India, do I give away the bottom part of my I-797 along with my I-94 at the airport when I leave USA?
Ben
Ben,
Yes, you should return both I-94s (the one attached in 797 and the one you received when entering US). Keep a copy of both of them for future reference.
Hi Saurabh,
I asked this question yesterday, but cannot find my post.
While filling my DS-160 for the petitioner, I gave the name of the person who signed my petition instead of my company’s name. But gave it correctly while taking the interview appointment with VFS. I think I cannot change DS-160 form as I already submitted and made the appointment with the consulate. Do you think this will be an issue. What do you suggest.
Thanks,
Ben
Also some one said that I can cancel and take another appointment with the VFS during which I can change fill a new DS 160. To do that do I have to take a new HDFC reciept?
Ben,
Not sure if mentioning name of the person who signed your petition instead of your company’s name would cause an issue. If you are in doubt, you should go to the VFS center and ask them this question. They might either say that its not required to take a new appointment or they might say that you need to fill out a new DS 160 form hence take a new appointment. For the latter, I think what they would do is put a No Show during the day of your interview and after you fill out the new DS 160 form you would still be able to use the same HDFC receipt and take a new interview date. They might charge some fee though.
Check with VFS.
Thanks Darshan
I hope to clear this thing before interview
Saurabh,
can you tell me how to reschedule the appointment so that I can fill in a new DS 160, pls. I want to fix this.
Thanks,
Benjamin
Benjamin, you do not need to worry about it. Just call VFS and tell them about this. Else on the same day, ask the people who are standing there, they can update your data on your behalf.
I even entered wrong passport number, just went there on the interview day and asked them to correct it.
And if you still in doubt, do give VFS a call first or email and clarify everything up front.
Good luck mate.
Thanks Deepak,
Yesterday I called the VFS, and they told me that what I did was wrong and I need to fill a new DS 160 and carry both the DS-160 forms and tell the interviewer about this. I thought that it was not a good idea so I cancelled the appointment and filled a new DS-160 form and took a new appointment. Good to know that it can be changed on the interview day, but anyways I fixed it, feels better.
Ben
Ben
Here is the post you are looking for.
Hi Saurabh,
I had attended H1 -B stamping interview in NewDelhi on Ist Nov, 2011, in which consulate asked me questions related to employer – employee relationship. My case is basically, EC model, where my employer has contract with TCS and TCS has deployed me to client location in Morgan Stanley, NY. During my interview with US consulate, I revealed that, MS employee assigns me day-to-day duties and supervises my work. Consulate asked me if my employer is staffing company and I told yes. Then I was handed over 221g requesting for additional employer documents along with client letter. I submitted all documents and got letter from TCS that I am working for them. Later on Dec 02 I got letter from US consulate that my case is being forwarded to USCIS . Now USCIS received my case on Jan 06,11 and on Mar 1st USCIS sent the letter to my employer, that they had received from US Consulate on my case. Now when I check case status on USCIS web site, it still shows that they received my application from SOD and is under review.
Now, the thing is I am still working for the client but my employer is not showing any interest in this matter. So want to take your suggestion that how can my employer support my case here. What kind of evidence is good? Also, there is no NOIR or any query from USCIS as such.
Therefore, what is the best way to deal with this?
Thanks
Meenal,
Your response to the immigration officer didn’t abide w/ employer-employee relationship. As per the rule, your employer should be controlling your tasks and activities and not the client. There is not much you can do to make your employer show interest in this case. If they want, they can let the petition meet its own demise. Once USCIS completes their review they would either re-instate the petition or issue NOIR. If you are willing to change employers, then you can approach another employer to file cap-exempt petition for you (aka H-1 transfer).
Hi Saurabh,
i had h1b interview on jan5th 2012 at chennai and issued 221g blue slip, no update till date. Now i am planning to go for H4 . so, do i need to go to same chennai consulate or can i choose hyderabad ? please advise
for H4 – what documents to carry? and do i need to say “Yes” to “refused visa” while taking appointment for H4 visa?
let me know if there is any important information before go for H4 stamping. this time i dont want to issued 221g again.
thanks
Lucky,
I think you can go to another consulate, but check w/ VFS. The answer to “refused visa” question would be Yes as 221g is considered as rejection.
For H-4, you need to carry employment documents of your spouse, proof of marriage (marriage certificate, wedding card/album etc) and proof that you maintained status in US (if you were ever in US on any visa). Usually one can go for H-4 stamping while H-1 is under processing. However, recently I saw a case where 221g was issued during H-4 stamping stating that they cannot issue visa until H-1 221g is resolved. So be aware.
Hi Saurabh,
Today I called to VFS and they are saying I need to withdraw my H1b which is under 221g process, then I need to take new appointment for H4.
Please advice, do I need to withdraw my H1b? If so what will be the process and how long will it take?
Thanks
Lucky
Lucky,
I think I have seen cases where people appeared for H-4 even w/ H-1 petition pending under 221g. But I have seen few other cases where 221g was issued during H-4 stamping as there was a pending H-1. Check w/ attorney on best course of action, or search online or on the blog for similar experiences.
If you do decide to withdraw H-1, then you will have to email VFS/consulate and request the same.
Saurabh,
sorry for repeating the same question, but still i double check with the question says-
Have you been refused a visa twice within the last 12 months?*
i got only ONE time H1b 221g blue slip refusal which is still under AP…
so, should i say “Yes/No”
thanks for understanding….
Thanks
Lucky
Lucky,
Answer is No if only 1 221g has been issued in the last 12 months.
Thanks for quick reply Saurabh
Saurabh,
Quick question
do i need to keep the copy of my baby H4 doc (3yrs old baby is in US) ? just curious ,,during my H4 interview ?
Lucky,
Technically it is not required. But it will be good to carry the same to show that your child is in US, and you be using H-4 visa for family reunion.
Saurabh,
make sure i do not miss following steps for H4 visa
1) Ds-160
2)pay Hdfc fee
3)make appointment
Question : Do i need to submit documents 3 days before appointment? please check the message below from VFS website and confused as i had my H1b interview before at Chennai consulate and now am planning to go Hyderabad connsulate.
i just checked on VFS web site following ( https://www.vfs-usa.co.in/USIndia/index.html )
“For H (H-1B, H-3, H-4) and L (L-1, L-2) visa applicants applying at the Hyderabad Consulate General only: Applicants must submit documents a minimum of three working days in advance of their visa appointment date and if they wish to submit documents earlier it must not be more than five working days in advance of the visa appointment date at the VFS center in Hyderabad ( IN PERSON – either by the applicant or by a representative. For Example if your interview is on Friday, you are able to submit documents on the preceding Tuesday, Monday or Friday. THERE WILL BE NO EXCEPTIONS TO THIS RULE. The VFS office accepts documents IN PERSON only from 8:00 a.m. to 1:00 p.m. and from 2:00 p.m. to 3:00 p.m., Monday through Friday”
Lucky,
My wife is in the same situation and we r planning of applying for H4. Please let us know how your interview goes and if you withdrew h1b before appearing for h4.
Thanks,
Sri
Hi Sri,
applying for H4 this week without withdrawing my H1, i dont know what happens
Lucky,
The message says it is for Hyd consulate. You are going to Chennai consulate and no advance submission is required there.
Saurabh,
my wife previous i797 was valid till june 2012, and last week she got new with extended i797 from june 2012 to 2013
while taking appointment for H4, asking petittion details “petition start date” and “petition end date”
so here is my question :
which i797 petition details/date should i enter while taking appointment for H4 ?
appreciate your quick response.
Thanks
Lucky,
Will you be carrying the new petition for stamping or old one? You should put in the information for the petition you are carrying.
If you can, go w/ the new petition so that visa stamp gets approved for a longer duration. You would still need to have old petition in this case as new petition will be starting from June 2012. You may also be asked to show both petitions at PoE if you are travelling prior to June 2012.
Saurabh,
for H4 visa:
right now i dont have LCA & i-129 with me and i took appointment next week on April 18th interview and i need to submit documents tomorrow at Hyderabad consulate . is it required now or at the time of interview .
please let me know…greatly appreciate your quick reply
thanks
Lucky,
Hyd consulate requires advance submission and I think it includes at least the 797. If you cannot do the advance submission of the 797, then you should change your appointment date. Do you at least have the old petition’s copy?
Hi Saurabh,
I got a mail from mumbai consulate today stating –
You DO NOT require scheduling another appointment. Please visit the Consulate General any business day at 9.30 am with your pending letter, passport, courier envelope and other documents pertaining to your visa application.
My petition was re affirmed on 23rd feb (as stated in my previous posts). I work on E-C model. I have managed to get a new client letter and a new employment verification letter.
From consulate’s mail, they havent enlisted any specific documents. Is this usual? I saw Chetan being asked for the re affirmed petition specifically by the hyderabad consulate. What are my chances?
Also what is the “pending letter” ? I dont have the original 221g copy with me. And the courier envelope is also something I do not have.
Neil,
Pending letter refers to 221g paper issued to you. I don’t know what exactly a courier envelope is. Maybe they are referring to a self address courier envelope for return of documents from consulate to you.
Even though they have not listed the documents, you should still carry all the documents as they can still ask for it.
Hi Saurabh,
I am on H1 and have been working for a reputed indian IT company. I stayed in US for last 3 years and came to India for my marriage.I had an interview at Mumbai consulate on 10-jan-2012. I got a 221g blue slip and a list of documents to submit. I had submitted all the documents on 19-jan-2012 itself. since then i have been waiting for any response from consulate.
I want to know if
1)I can apply for a new client from the same employer in spite of 221g case pending ?
2)I can still transfer my petition to a new employer and apply for a new visa interview?
Thanks,
Rohit
Rohit,
1. Yes, you can. New LCA and H-1 amendment would be needed in this case
2. Yes, you can
Hi Rohit,
I am also in same case as yours. However after submitting my document i got a mail in 3 weeks to visit consulate. They again took my interview and gave me yellow 221g ..
since then i am waiting.
kevin
Hi,
I attended for H1b yesterday at Hyderabad consulate.After asking several questions the officer told me that every thing seems fine but he need to review and handed over me a white 221g letter with administartion option checked.Could you please let me know how long it will take to get my passport back. I am tensed as I have valid visas to other countries and my employer is asking me to travel this weekend.
Thanks,
kiran
Kiran,
There is no set processing time and can take few weeks to several months to process.