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/”]
I got a status update from USCIS saying that my case has been reaffirmed.
“we mailed a notice to you reaffirming the approval of this case and returned the case to the Department of State for visa processing”
I dont have a project in hand now. How should I proceed from here. Please advice.
Hi Raj,
Your last client will not extend your project that you mentioned in the interview? because they will ask the same question again project, client etc if you are lukcy then will just ask for sumbit the passport. So I will suggest please find out the new project if you can not work on old but you should have updated LCA where you will be working in future.
Fyi:
Once you received the affirmed petition copy from your employer then you have to send e-mail to VFS for next action and they will asist you for interview date.
Hi RC,
Thanks for your response. What happens if I take a chance and tell the VO that my old client is still interested But I dont have any latest client letter.
Also, how many weeks does PIMS update process takes place in
general ?? Would it help if my attorney writes a letter to Kentuky consular to expediate the PIMS process. Please let me know.
Thanks Again
Raj_reaff,
It is never recommended to lie to the VO. If you mention about the old client, and the officer does a background check w/ client you may be caught red-handed and this will have a long term impact on your US prospects.
I don’t know how long the PIMS process takes.
Hi Saurabh,
Thanks for your advice. Would it help if my attorney writes a letter to Kentuky consular to expediate the PIMS process. Please let me know.
raj_reaff,
I am not sure. They can try.
Hello,
I received a mail from Chennai consulate on Apr 30th with a blue form asking to submit passport.
I have submitted my passport on may 1st. But still now haven’t received it yet. Vfs passport status says “your passport is in process at US consulate”
Its been 11 days? Do i need to worry? Any one faced same situation?
Yes, I had to wait about 16 days before my passport was stamped after passport submission
Is it in chennai consulate?
Hyderabad
Hi All,
I am working on EC Model. can you guys suggest the best answers for these questions??
9. Does the H1B employee use proprietary information of the petitioner in order to perform the duties of employment?
10. Does the beneficiary produce an end-product that is directly linked to the petitioner’s line of business?
11. Does the petitioner have the ability to control the manner and means in which the work product of the H1B worker is accomplished?
Thanks,
Kiran
Thanks a lot Saurabh and others. This forum has been of great help and Saurabh, you are doing a fabulous job. I got my visa stamped finally !!!
Here is the full story :
I work on EC model.
Went for my 1st interview Got 221(g) blue form issued on 13th Jan 2012 at US Consulate, Mumbai
This was my 1st interview experience :-
VO – What does the company do ?
Me – Mentioned that its consulting company and I work as a consultant for a client based on a offsite location
VO – Where is the client ?
Me – Mentioned that city and state
VO – Who do you report to ?
Me – Mention the name of the person at my company who I report to and my client site manager’s name
VO – Where is your employer located ?
Me – Mentioned city and state
VO – How many employees ?
Me – Mentioned the approximate number
VO – What’s your salary ?
Me – Answered what it was
VO – How often do you visit your employer ?
Me – Once every couple of months
VO – When was the last time you visited ?
Me – Gave the month
VO – What school did you go to and What is your degree
Me – Answered what it was
Submitted all documents that were checked on 221(g) on 19th Jan 2012.
Got an email from Consulate on March 2nd 2012 stating that my petition was sent back to USCIS for further review and possible revocation.
Spoke to Immigration lawyers and they gave 3 options :-
1. Wait for USCIS to get back to you (this could take a couple of months)
2. Have your current employer file for a new petition (you might or might not stand a good chance here)
3. Get full-time job with your client or any other company (best case scenario)
I went for option no. 3. My client decided to hire me as full time, filed for H-1B transfer (cap-exempt), got the offer letter and new petition approved and took the interview appointment for 10th May 2012.
This is how my 2nd interview went :-
VO – Where is your company located ?
Me – Gave the city and state
VO – What business does the company do ?
Me – Told exactly what was mentioned on the I-129 petition
VO – How many employees ?
Me – Told exactly what was mentioned on the I-129 petition
VO – What do you work as ?
Me – Gave my job title exactly what was mentioned on the I-129 petition
VO – When was the company established ?
Me – Told exactly what was mentioned on the I-129 petition
VO – So you left your previous company (that’s when he mentioned the previous company’s name)
Me – Yes, and I will be joining this one (the one who filed for new petition) since they hired me as full time employee and the petition (I-797) form that I have submitted is for Change of Employer
VO – Your visa has been approved, you will get your passport via courier in about 7 days. Have a safe trip back.
Got a big relief when I heard that!
Also note that when my client filed for a new petition, a copy of it was also sent to the US Consulate, Mumbai. So I would STRONGLY recommend everyone to go through the full I-129 petition carefully and making sure you know all the relevant details.
I wish everyone else Good Luck who is stuck with 221(g) and hope that they get the stamp soon!
Congrats Darshan! Have a safe flight to US.
Hi Saurabh and All,
I had H1 Visa Interview on 20 Oct 2011.
Got 221(g) asking the documents like – employers 2 yrs IT returns, client letter stating that there is vacancy for you, copy of petition, notarized list of all employees in US, copy of contract between client and my organization, and my experience letters
All the documents submitted on 2nd Dec 2011 and from then I am in WAIT state.
What should I do ? What will be my next step to get the information on the process happening on my H1?
Following are the questions asked –
– How are you ?
– Is this your first H1-B applied ? – Yes
– Which company ? (She was not aware of my company, checked the company on Petition)
– How did you find this company ? When ? Since when you are in this company ? : I applied for job to company in 2006 and got job here. : Since 2006
– How was the selection ? How many rounds ? : 3 Rounds of interview : 1 Aptitude + 2 rounds
– What are you doing right now in this company ? Role ? : Working as xyz in xyz Technology.
– What you will do in US ? Where will you be going ? Reporting to whom ? : will be working in US. Going at client end. Reporting to onsite Manager.
– Working at client office or company premises in US ? : Client Office
– Which client office ? : abc…
– Where will you go ? Which city ? : I said the city name.
– To whom you will report at client side ? Who will be measuring what are you doing at client side ? : Day to day reporting to Client (Program Manager).
– Overall how many employees of your company are there in US ? and India ? I said approximately 20 in US and in India approx. 400.
– Who will be paying you / on which payroll you will be working ? : my organization
To Spouse :
No questions
Not a single document asked to show in the interview.
—
Thanks,
Sunil
this application is with Mumbai consulate …
Sunil,
This is what the immigration lawyers recommended to me :-
1. Wait for Consulate to get back to you on 221(g) (obviously its taking long as you mentioned)
2. Have your current employer file for a new petition (you might or might not stand a good chance here)
3. Get full-time job with your client or any other company (best case scenario)
Sunil Sutar,
Agree w/ Darshan’s comment below.
Hi Saurabh,
I appeared for my H1b interview on 28-Sep-2011 at Hyderabad consulate and given 221g blue form with AAP written over it. No documents were asked and my passport was returned to me.
The petition I submitted during my interview expired on 09-Nov-2011. I got a call from consulate on 15-Nov-2011 asking for additional documents.At that time I informed them that petition has expired and waiting for extension petition approval. They said to submit all the documents along with the new petition.
I got my new petition on Dec 27th 2011. It took 2 months to get H1 approval with premium processing. I submitted all the documents along with original new petition to VFS Hyderabad on 03-Jan-2012. On 16-Feb-2012, I got a call from consulate and the VO said that my file is misplaced and asked me to submit the scanned copies of the additional documents, which I did the very next day. After that I didn’t hear anything from consulate.
So I started calling state department and on May 1st I came to know that my visa is refused. I emailed to consulate asking for reasons. They replied that my petition has expired on 09-Nov-2011. When I asked about the new petition, they said to re-apply with fresh application and with re-affirmed petition.
My employer didn’t get any notice about re-affirming petition or any notice regarding sending the case to USCIS.
My question is, can I attend interview with a copy of extension petition as I do not have the original with me or I have to apply for a duplicate copy?
I think my case doesn’t come under re-affirmed petition category as the consulate said to re-apply with fresh application. What are my chances of getting visa stamped the second time?
Thanks in advance.
Siri,
That’s a tough one. They should have been more careful w/ the documents rather then making you run from pillar to post.
Anyways, I would suggest not taking any chances and asking employer to send you a duplicate or the original one (through a service that can be tracked). As for chances of approval, nothing can be said. Take all those documents which were asked during 1st stamping.
Yes, it doesn’t come under re-affirmed case, but will be a new stamping.
Hi Siri,
Could you please send me the phone no: of state dept and also the email address of the consulate that you contacted .
I have sent emails to hydcea@state.gov but didn’t get any response.
Thanks
Hi Saurabh,
It has been more than 4 months, my H1B visa is pending under 221g(Green slip) Administrative processing. I have not received any updates till now. Sent mail to chennai visa help desk and got the reply , that it is still under administrative processing. Is it possible that they will never update the status or 221g never getting cleared? They have not contacted my employer / Client as well.
Also my visa is valid only till Nov 2012.. so in case is they approve by this month even, is it possible they extend the validity period?
Waiting for your reply…
Saravana,
Unfortunately, there is no set timeline for 221g processing and it can run into several months. In case they approve it, it will be approved until petition expiration date.
Hi, I am planning to go for H1 stamping in June this year. I am with currently employer since March ’12 on EVC model. My question is LCA filed says salary different than my actual salary. Actual salary is higher than the one specified in the LCA. I see form the experiences posted here that VO mostly probably asks for salary and LCA at some point during the interview process.
1) Do you think its a problem if LCA and actual salary (>LCA) are different?
2) Visa stamping for EVC model is improving or is still very risky? (in case any of you have observed any trend like that)
HP,
1. No, as long as actual salary is more than LCA salary
2. Still risky
Hello All,
Just wanted to update everyone on my 221G case. I have posted in this forum before also. Today I received a rejection on my 221G case . New Delhi Embassy has sent letter on my postal address.
I cannot believe that my case is rejected , I am a physical therapist and I used to work under EC model. My Employer manager sits in same building . She assigns and monitor our daily work. All I need to submit as per 221G form was client letter and contract between client and employer .
Anyways Petition has been sent to USCIS now so cannot do much about it.
Summary of case:
27th Jan interview at ND embassy
22nd Feb submitted documents
8th May got rejection letter .
I hope all who are waiting for 221 G their case should clear soon with positive outcome.
Good luck
Thanks a lot to this forum for support during this long wait time
Jaya,
Your Petition has been sent to USCIS,Is that mean you got rejection?
I guess,its still in administrative process.
Please advice me.
Hello Jaya,
Your passport was with Embassy till 8th May?. They also sent me rejection letter in Jan but USCIS reaffirmed my petition on 24th Feb. Please send me your private e-mail so I can tell you in more details and get info from your case also.
Hello RC,
No my passport was with me till 8th may . So what happen after USCIS reaffirmed you petition ? Did you go for stamping again and got the visa.
My email id is uniquejaya at gmail dot com.
Thanks .
Jaya\RC,
Yes..I agree with RC. If they informed you that they have sent ur applicaiton to USCIS means they have sent it their for review and revocation. I think there are chances to get approval but its less…
I’ve the same scenario. I got a below letter from Consulate..
“As per the US Consulate please note that based on the documents you submitted to us and the information elicited in your interview with an American Consular officer, we were not able to issue you an H1B work visa. Therefore, your application has been returned to the Kentucky Consular Center (KCC). Once KCC receives a petition, it returns to the approving office of the United States Citizenship and Immigration Service (USCIS) for review and possible revocation. Please direct all future inquiries regarding this case to the approving USCIS office.”
Now I’m waiting for USCIS. meanwhile I’m planning to file new H1 if I get a new employer who is ready to file H1 for me.
If you have more info on this…Can you please contact me on Nehapandya42 at gmail dot com
Hello RC/Jaya,
Could you please email me in detail please?
Munny1983 at gmail dot com
Hi Saurabh & everyone else,
Thank you for your valuable posts, they are really helpful.
I was issued a 221g pink slip at the US embassy in New Delhi & asked to submit all the documents (invitation letter, resume, etc.) on it via e-mail to advanceprocessing@state.gov
I did this 2 weeks back, & am waiting to hear back.
My question is: Should I have received a response back from the US embassy confirming receipt of the documents (via e-mail) that are asked on the pink slip? My case shows as “under processing” at the US embassy website, with response date as N/A. I have read on another forum that someone had received an e-mail confirming submission of the documents required on the pink slip. Should I be concerned that I have not?
Thanks a lot for your time!
ND221g,
If I remember correctly, there is just an automated response received after sending that email. No other response is received from DOS. I know a person who submitted the documents asked for in the pink slip and received just the automated response and nothing else. The case itself was approved in 3 weeks.
Got my passport last week wednesday with H1b visa stamped.
Will be flying to US this weekend.
Thank u all for the suggestions and comments.
Congrats V! Have a safe flight.
Your answers look good to me. I’m not very sure what they are exactly expecting to have valid E-E relationship. They might be expecting your manager to work at client’s place , or, at least your manager visiting client site monthly once or twice a month, and, your manager controls all of your tasks including bug fixes etc might satisfy E-E relationship.
Hi RC/Abhinav/Saurabh,
I am on EVC model .I came to india and went for H1b interview at new delhi consulate on Feb03 2012.My case was refused and sent back to USCIS for review on Feb 26th.I have been following up this site and found EE relationship is the main factor.
My vendor and client were not ready to transfer my H1b .So i spoke with client manager about this and he mentioned in the client letter that my employer will maintain supervision and control over me. My employer filed amended petition for me mentioned above and got it approved. Today I went for interview and again lot of question related with EE.I answered them accordingly.I mentioned now i report to my employer’s supervisor and he assign tasks and will visit client location every month.
At the end,he asked for application submitted to USCIS and said your case “required further processing”
what does that mean? is it another 221g?
do we know how long it can take?
Is anything I can do at this point? Anyone has faced similar situation?
Please reply.
Pradeep,
Yes, it’s another 221g. There is no set processing time and it can take anywhere from few weeks to several months. You cannot do anything but wait. You can try contacting your senator in US, but off late it has also stopped helping in expediting the process.
Hi Saurabh and Others,
Thanks for the good work you are doing by guiding people who are facing issues with h1 221g. I attended visa interview in Chennai in the last week of April and i was asked for all the documents possible and i provided them. It was clear from the beginning that the VO didnt talk to me well and finally she asked me to submit the following :
‘A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, budget, worksite location, and marketing analysis for the final product from the client.’
(Now this Document is supposed to be for internal project, but the VO added last 3 words – ” from the client” on a green slip.)
I am in VC model ,My Client is a governament Agency. VO has taken all the documents, including I797,I-129,LCA,Client Agreement, Client Letter. My Work is both implementation and support to the client.
Now my question is, what kind of document is this ? Did any one get the same query and submitted any document, was it accepted ? can they share the format ? Most importantly i want to know, as this is govt project, there is no preexisting document with these details, so I create a 3-page document with these asked specifications (description,budget, status …) on the client letter head signed by my manager . Can this be submitted ?
Pls advise.
Any info or help my query regarding the letter to in 221g green slip ?
‘A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, budget, worksite location, and marketing analysis for the final product from the client.’
Any guidance would be greatly appreciated.
Dear Friends, I thought of briefly sharing my first H1 visa stamping experience. I’m working on EVC model at client site since last 10 months on H1B that was COS from L1 (Total IT experience 7+ yrs). I came to India on last week for vacation and went for my first H1 stamping on May 3rd in Chennai Consulate. I was asked the below questions in the interview and I answered appropriately. The interview discussion last for 5-10mins, at the end, VO said that the visa is approved and they kept my passport. I was able to collect the passport with H1 stamping in same next day between 4-5PM at Chennai VFS center.
1. What’s your company name?
2. What do you do there?
3. Where do you travel?
4. Is there any client? What is your client name?
5. How do you get tasks/assignments from client?
6. How often once do you talk to your manager?
7. Does your manager visit client location?
8. I want to see all USCIS documents, company tax filing documents, salary information
9. Did your employer show LCA document to you?
10. Total number of employees in the company?
I was following this site/forum since last 6months to get better idea about what is going on visa stamping. Finally, I made my mind to travel to India and face H1 stamping. Because of excellent guidance of our friends, I was able to collect almost all the documents to carry for visa stamping. I carried, all below documents
1. Passport
2. Original i797C
3. Client letter, vendor letter, employer letter
4. USCIS package (that includes i-129 etc)
5. Client site photographs, Employer office photographs
6. My company last 2years tax filing, last 3 quarters unemployment wage reports, notarized list of all employees
7. My last one 1 year bank statement, last 4 years tax filing
8. Resume
9. All original educational certificates
10. Passport photographs (I took them in Walgreens in US)
Though, I was not asked to show up all the documents, but it gave me more confident during the interview since almost I had everything.
Thank you very much friends again for all your guidance!!!
I will be travelling back to US after my vacation.
VJ,
First I wud like to congratulate you!! it’s great dat you got H1 visa approved.
I went for stamping in feb and got 221-g and I think its becuse of some stupid question-answers….Can you please do me a favor…can you please let us know what did u answer for your below questions….it wud be a gret help…
5. How do you get tasks/assignments from client?
6. How often once do you talk to your manager?
7. Does your manager visit client location?
Thanks
Neha
Thank you!! Please find answers below.
5. How do you get tasks/assignments from client?
I get tasks/assignments from my manager (employer) who works with client manager.
6. How often once do you talk to your manager?
I talk to my manager 3 times in week to get the work and to give the status update of tasks assigned.
7. Does your manager visit client location?
My manager visits client site once in a month and some times twice in a month.
VJ,
Thanks for your quick response..appreciate it! When I went for an interview..I was working under EC model… My employer has direct relation with client. i have no vendor in between…
I’m the only person from my employer works at my client place. I think VO wanted tht my manager whom i report to should also sit with me at client place….
I had below conversation with VO…and i guess she got confused for that…what should have answered.? for whom do u report to..?
My client letter mentions that for any employment related questions, i report to my employer manager.
VO:Whom do u report.
ME:my employer manager
VO:How often do u meet him.
ME:Every week we have status meeting.
VO:Is ur employer manager work with u at client place.
ME:No
VO:Is there any special technology you work with.
ME:yes…said diff technologies
VO:does ur employer provide any kind of training.
ME:Yes. For new technology
VO:Does ur employer has any proprietary technology.
ME:Yes.
VO:Explain me whole situation when u report to client manager and when to employer manager
ME: -For ongoing assignment, if there are any enhancements or bug fix .. cilent manager informs me to do that.
-For any new assignments, we have task status meeting with employer manager and any new task , I report to him.
Thanks
Neha
Interviewed on 4th april and ended up getting up a green slip. Submitted all documents on 23rd april. Not sure what to do now.
Hi Vinod,
I am also in same boat and submitted the documents on 27th April but no response till now. Your passport is with Embassy?
Vinod,
Now you just need to wait and see what their response is.
hi saurabh,
I am in the process of applying new petition. do i need to fill the DS-160 again freshly ??
KiranKumar,
Yes, it will be a new DS form as the petition number would change w/ the new petition.
Hi, I am an employee of BARC and got an offer from US firm for H1B. Can I get H1B visa with BARC as my current employer? or should I resign from the job and attend the visa interview? please help………….
Raghu, H1B can be applied for future employment. You don’t need to resign from your present job. During the interview, you can explain about your future role with the company who is filing your H1B.
Good luck.
Hi Saurabh,
After submitting document in response to 221g I got mail from mumbai consulate asking to submit revised LCA with designation,salary and employment location.
FYI my client location is with in 50 mile range of LCA’s locations. So my employer is submitting the same LCA with supporting letter.Will it be acceptable ?
Also if they asked only revised LCA is it means they are ok with previously submitted other documents?
Please give your suggestion.
Ashish,
I don’t know how specific one needs to be about the location in the LCA. If one can give a location within 50 mi range, then it’s fine. Else it’s better to be specific about the location. They can still ask for more documents after you submit the revised LCA.
Yes in supporting letter we mentioned client location as well which is within 50 miles.
After submitting document mail for revised LCA came with in 10 days. Hope they response soon.
Dear Saurabh and All,
First thanks to you guys who help each others by sharing their experiences. I learnt a lot from this blog and helped me in preparing my documents for stamping.
This is my stamping experience:
Went for visa interview on April 1st week with my spouse and my kid: My number appeared at the counter.
VO: Which Company?
me: said company name
VO: how many employees?
me: said xxxx employees
VO: Client letter please?
me: Yes, here it is… showes it…
VO: saw it for 2 secs and typed something on the system and gave a 221g pink slip.
Went to a different counter:
Asked for some details related to employment since my graduation and issued a case number.
With in 2.5 weeks got my passport with visa stamped.
But, for my spouse and kid did not receive the passport and I got frustrated:
Called VFS, said it is still under process. But on the same day again I got an email to collect my spouse and kid passport.
Collected the passport at counter collection, saw visa stamped for my spouse and kid too.
Flying soon to US.
I wish all the best to you guys for successful visa stamping 🙂
Sincerely,
WS
Congrats WS! You all have a safe trip to US.
Hi Saurabh,
I have attened H1 visa interview at Mumbai counslated. VO issued me Blue slip saying your case in under pending, we need to review your case.
In Blue Slip VO has not marked for any documents. Just marked on This office has denied your application under section 221(G)…..
what does it mean. do i need to submit more documents ? How much time they will take for furhter proecess . Please let me know if you have any idea
Thanks
Sunil
Hey Sunil,
Same case where VO didn’t tick mark on any document on 221(g) blue slip. Not sure how much time it will take. Did you contact VFS / Mumbai consulate about any document you need to submit ?
Question:
1. FT / EVC / EC model ?
2. First time H1b interview or H1b extension ?
3. Did (s)he ask you to sign on any document question/answers ?
4. If H1b extension, when was your petition approved ?
Sunil,
No documents need to be submitted if they have not asked for it. There is no set processing time and it can take few weeks to several months for the processing to be completed.
Hi Saurabh,
I had an interview on 10-jan-2012 at mumbai consulate and was issued a 221g. I submited all the docs on 19-jan-2012. I have not heard anything from consulate yet.
I am still working for the same employer right now and now trying to get my petition amendment (premium) done for a new client. Just had doubt on your below comment. Does Filing cap exempt petition means Petition amendment only?? or is it different?? :
“You can either wait for USCIS to complete the review, or have another petition filed (cap-exempt) through same or different employer”
I am not working with my old client any more. Can i withdraw the 221g so that it does not impact my petition amendment process??
Thanks,
Rohit
Rohit,
They will first file the LCA and then file for H-1 petition amendment. You can either withdraw the 221g or keep it under process. Discuss w/ your attorney if one has the benefit over the other.
Abhinav\RC,
got your point.. 😉 I shudn’t have said that I report to client manager. But then problem is…my employer manager does not sit at client place with me….Wont they cross check If I say “Yes, my employer manager stationed at client palce with me” ….. because VO specifically asked me “does ur employer manager sits with u at client place” ….. When I said NO…VO asked me about client manager responsibilities…..
it was lil complicated at tht time…what do u think I should have said..
Neha,
I shouldn’t be telling this but this the way that will keep everyone out of trouble during the interview. No matter which model you are working on, EC, EVC, EVVC, if you can manage to tell them confidently that the employer manager is stationed at the client location and you report to him/her, you will be safe. That is what the VO wants to listen. Yes there is a chance where VO can record everything you say, but I haven’t seen cases, where there was a cross reference conducted on this question. All they do is to check if you are working at the client location you specify from the client HR.
When asked about client manager responsibilities, tell all the responsibilities and skip the part where you will report to him.
90% of H1 are under EVC model or EVVC and still people who are able to convince the VO, just by telling them what they want to hear are getting the visa’s. Honesty will not fetch the visa here. There is always risk involved as well, but we have to take the chance second time.
Thanks
Ab
Abhinav \ RC,
Ya…agree with you..I shud have confidently said that..hard luck.. 🙁
I got to know from some lawyer that “few years back, state gov had issued a notice to consular officers as they are rejecting visa for those USCIS already approved petition…so it is disrespect or disagreeing to USCIS decision when they reject visa.”
but it seems its still happening…..
Now the only option remaining is to file new H1 with new employer. but this time I’m getting very conscious choosing an employer as need to check how is tht company’s H1 approval ratio n stuff….as now-a-days many consulting companies are under auditing…
🙁 🙁
Hi Neha,
Even you said your employer manager does not sits on same then you should only mentioned that I got all work from him and talk to him daily basis then they should have approve your Visa. The best thing is that employer manager should sit on the same site where you work otherwise its always create doubt to them that you are supervising by client not employer and thats break the employee and employer relatioship.
We all have to learn from the mistake and careful next time. I also did a same mistake like you and told them talking to my employer manager bi-weekly but it should be daily.
I hope they resolved all our issue soon.
Regards
RC
Hello Abhinav/ RC/ Neha
I don’t agree with your saying about reporting to client manager or employer manager will make complete difference in ur visa stamping experience. It all entirely depends on luck.
VO asked me the same question and I told him that I report to employer manager daily . she sits at work loctaion and assigned our day to day work .
But still I got 221 G . And I have lost my job also due to inability to return to US after few months also.
So I would say its completely luck .
Hi Jaya,
Sorry to hear that you lost the job, its bad time.
I agree with you that getting visa is depends on luck but we have to anwser according to I-129 what is writtnen there. You have answered properly but what was your model EC or EVC?
Regards
RC
MIne was EC model
Abhinav \ RC,
Ya…agree with you..I shud have confidently said that..hard luck.. 🙁
I got to know from some lawyer that “few years back, state gov had issued a notice to consular officers as they are rejecting visa for those USCIS already approved petition…so it is disrespect or disagreeing to USCIS decision when they reject visa.”
but it seems its still happening…..
Now the only option remaining is to file new H1 with new employer. but this time I’m getting very conscious choosing an employer as need to check how is tht company’s H1 approval ratio n stuff….as now-a-days many consulting companies are under auditing…
🙁 🙁
Thanks,
Neha
Hi,
I got a 221(g) and my petition was sent back to USCIS. I work on EC model and I am in the process of getting full time with the client. Just wanted to confirm if this was the list of documents that I would need when I would go for my next visa stamping interview :-
1. Full I129 petition
2. LCA
3. Cover Letter for USCIS
4. Original I797
5. Offer Letter from the client
Please let me know if there are any other documents that I would need (I do plan on carrying all the documents from my previous employer during the interview)
Darshan,
That should be fine. If the client is a big renowned company, then no additional details need to be carried for them.
Thanks Saurabh. The client is not a big renowned company but has been in the business for over 10 years. I have asked my attorney though in case I need to carry any additional documents.
Also, in DS-160 form there is a section where they ask if your visa has been ever refused. Now should I just mention this
Yes, received 221(g)
OR
Yes, received 221(g) and petition sent back to USCIS for further review
OR
Yes, received 221(g), petition sent back to USCIS for further review and also mention the reason from the Consulate Letter which I received when the petition was sent back to USCIS (this was a pdf file which I received in my email)
Darshan,
IMO, just mention that 221g was issued. If the VO needs more information, they will ask you about it and then you can provide additional details.
Thanks Saurabh !
Also, once my new petition gets approved, does my current employer needs to withdraw the old petition from USCIS ?
Darshan,
It’s up to them. I think either way is fine, but you can check w/ your attorney as well.
Thanks again Saurabh !
Saurabh,
After 6 months I got below reply from Consulate:
What does the exact mean of this e mail?
Based upon the documents you have submitted to the U.S. Consulate General Toronto and the information elicited in your interview with a U.S. Consular Officer, we are not able to issue you an H-1B visa because:
In accordance with U.S. law and Department of State guidelines, action on your case has been suspended and the I-129 Petition for a Nonimmigrant Worker filed on your behalf will be returned to the U.S. Citizenship and Immigration Services (USCIS) with a memorandum explaining the facts of your case as presented to us at the time of your interview under section 221(g) of the Immigration and Nationality Act (INA), as amended.
For further information regarding the status of your petition, you may contact the U.S. Department of Homeland Security (www.dhs.gov).
Hi Krishna,
This means your Visa is rejected temp and your petition sent back to USCIS to review.
So either they may reaffirm your petion or send the memo to your employer. If USCIS reaffirm your petiotion then they will ask DOS to process your Visa.
Thanks RC,
What are the chances of visa now?What is happen mostly on this type of cases?
Krishna,
Chances of approval varies from case to case. You can either wait for USCIS to complete the review, or have another petition filed (cap-exempt) through same or different employer.
Hi Krishna,
Its depend on the case by case and its a long process. If your case is legal then USCIS will defn’t approve or send a memo to your employer to provide the reason.
First option is to file a new petition with different employer or wait for USCIS to take the action but that will take time.
You can keep checking your petitition status what the action is taken by USCIS.
https://egov.uscis.gov/cris/Dashboard/CaseStatus.do
Thanks
RC
Hi, I am an employee of BARC and got an offer from US firm for H1B. Can I get H1B visa with BARC as my current employer?
Hi all,
i just wanted to share this email id ( ” hydcea at state.gov” ) for who ever related to hyd consulate to get quick response from hyd consulate support and better than VFS response.
goodluck to all
I was on H1 in the US from Feb-2005 to March-2011 (same Employer). After that I went on H-4 till Aug-2011. I left USA in Aug-2011 and joined my present Employer in India.
Now my present Employer in India is planning to file H1 for me. Can they file it NOW OR do they have to wait till Aug-2012 to file my H1. The reason I am asking is if they wait till Aug-2012, the H1B cap might get over. Thanks in advance for your replies.
P.S. : When I checked on the internet, I am getting mixed responses to apply now or wait till Aug-12. But my worry is the H1B quota might get over by Aug-12. Pl help and Thanks.
Ron Ratnam,
Even I am not sure. It is better to check w/ your attorney if you need to wait till Aug to file, or can you file now as the start date cannot be prior to Oct 1.
Hi Saurabh/All,
please advice friends… really need your help.
thanks… kumar…
I thought its better to share my experience with everyone,
Visited the consulate at the end of Jan 2012 and received the BLUE.
During that time VO didn’t take any additonal documents like client letter and employment verifcation etc. I do have them at that time and my lawyer told me not to give anything unless they ask for it.
Now on Apr2012. they are asking the same now..
It makes their intentions are clear, whenever they see everything is good they hold the person and ask latest documents… sometimes you won’t be able to get them due to some strange reasons.. BINGO.. you know the results now.. if you are lucky then its different.
I would suggest everyone whos going for the interview, during the interview please submit client letter and EE verification even if they don’t ask for it. It might save you then and there or atleast during the verification process before things go wrong.
Hello,
I have got B1/B2 stamped, and i am working in India currently..
I had already travelled to US in November 2011 for a month nearly..
Now one of the Consultant had processed my H1b under premimum processing and i had the approval …
Please suggest what should i do ?
a) travel on B2 again somewhere in the month of September 2012 and wait for 60 days and then file an H1b for change of status. What all are the risks involved in it..
b) Or get the stamping done from India.. which has got damm high possibility of rejection.
c) What all other options do i have….
Rgds
Ankit
Hi Saurabh/All,
Need your help friends to understand what can be done on my case. Following are required details for your info-
working on US since 2008 on L1B, came back for L1B renewal on Oct-2011
after interview, on Oct-2011, I got 221g white form to apply for H1 visa as L1B was not suitable for my profile.
my employer filed visa : H1b premium
interview date: 3rd week of Dec-2011, where I got 221g BLUE slip
employer: Indian employer, working for US based client, my employer has their office at US, hence no layers
221g blue query docs submitted to vfs: 12-Apr-2012
email came back to submit passport: 18-Apr-2012
submitted passport: 19-Apr-2012
passport came back today: 25-Apr-2012, with new 221g YELLOW slip and no stamping on it.
Is it common case of getting query on H1 when L1B was rejected and asked to apply for H1?
Is it common case of getting YELLOW slip on top of BLUE slip query processing?
Any idea how long this yellow slip query will take now?
Is there any other way to do followup other then checking in website under admin process case status?
please help.
thanks… kumar…
Kumar,
I haven’t seen 2nd slip being issued in many cases. Probably they discovered something else after asking for passport and have issued yellow slip for additional processing. There is no set processing time for these slips.
Unfortunately, there is not much one can do and you will have to just wait for the processing to complete. The only way to track is through website or calling/emailing VFS.
Hi Saurabh/All,
I has my h1b interview on Feb 16th and was issued green slip with case to be sent back to uscis for review.
Today the same has been resolved and i have been to asked to submit passport.
Just wondering how come the case was not reaffirmed and asked for a second interview and directly the passport has to be submitted.
Hoping for best!!
Hi V,
Where did you attend the interview? How did they contact you to submit the passport?
i attended in Chennai, passport submission was sent back to company along with petition by USCIS.
V,
They might have resolved it internally or may have second thoughts after sending the petition to USCIS. Anyways, you can submit the passport to the consulate and wait for their further response.
Ok Saurabh,
Passport has been submitted by me.How long would it take for the status updation on this.
V,
It can take few weeks to few months. There is no set processing time.
Hello V,
Can you please share your interview questions asked by VO? Did they contacted your client/vendor?
I’m in the same situation.
At the time of interview in chennai, even i was issued 221G green and checked case to be sent back to uscis, but it is still with chennai consulate and they even contacted my client for client verification.
Hi,
The question were mainly on employer-employee relationship.please refer immihelp.com which has mentioned all the questions exactly the same which i faced.
I dont know whether a client verification happened or not.
Hello Saurabh,
I attended H1b interview on Jan 5th 2012 at chennai consulate and issued 221g blue slip,
after that i attend H4 interview on April 18th 2012 at Hyderabad consulate and VO said “visa issued and you will receive within week”.
Today (25th April ) i received (through courier ) the documents which i gave to VO at the time of H1b interview including green slip (mentioned my 221g case number) to submit documents ( default check marked on printed green slip) and back side of the green slip, with Pen tick mark at Passport (must be valid for six months at the time of application).
Writtened with Pen “Memo Cleared – A Kotchin” On DS-160 copy
do i need to submit all docs mentioned and Passport?
and Now my Passport is at Hyderabad Consulate for H4 stamping. VFS track passport says “Under process”.
Please Advice, I am in dilemma now…
Thanks
Lucky,
Do you want to return on H-4 or H-1? Even after you submit passport for H-1 visa, it can take few days to weeks for them to issue the visa and complete their processing. Else, you can return on H-4 and then decide to file H-1 COS after reaching US.
Saurabh,
But still my H4 not stamped & no update
If I submit documents then my H4 will cancel?
If I want to go back on H4, no need to submit documents?
Thanks
Lucky,
I don’t know if they will cancel H-4 visa stamp or not, but they might. Once you get H-4 visa stamped, you can return to US on H-4 visa. Later the employer can file cap-exempt petition for you w/ COS from H-4 to H-1. Discuss this w/ your attorney as well.
Hi Saurabh,
Finally, Today i got my passport with Stamping H4 and am flying back to US in soon.
And about my H1B response from chennai consulate, asking me to submit all docuents again alsong with passport. But now i am not going to do that as per your advise 🙂 , I dont want wait no more longer and right now i am happy with H4 stamping…
what is the preperation at Port Of Entry ?
will they ask about my H1B?
what should i say at POE about my H1b ?
what are the doc’s should i keep it ready ?
Please let me know if there is any other precautions at POE..
All the best for Everyone and seems Nowadays Hyd consulate is issuing H4 visasa 🙂 and i dont know about H1visas….
once again Thanks Saurabh for all your support in time…
Lucky,
They don’t ask too many questions/details at the PoE. Just carry the documents related to H-4, and you should be fine.
Hi Saurabh,
As per the suggestion i am planning to file new H1 B petition through my Employer. I Have few concerns regarding the documentation please advise. Here they are
1. do i need to file new labor or can i use the existing labor form??.
2. My client does not provide the Client Letter unless and until i have a query on my H1B. do we have any alternatives for client letter? I got the Client Letter from my manager before i am leaving to india for stamping, can i use that??
Thanks,
Kiran
KiranKumar,
1. I would suggest using a new LCA
2. If the petition is being filed w/ same employer and client, then you can use the same letter. However, it is preferred to have a more recent letter when going for H-1 processing. Check w/ your attorney about this
Hi,
Currently I am on L1 visa and planning to file H1 with a consultant A by next week or so. Assuming that my H1 gets approved with effective date from October 1st. After approval Is it possible to do H1 transfer from Employer A to B before October 1st and if not than what is the minimum time frame i have to stick with employer A before i moved to Employer B.
Sachin Jindal,
B can file cap-exempt petition for you even prior to Oct 1 w/ start date of Oct 1. There is no minimum time one needs to spend w/ A before filing H-1 transfer.
Hi Saurabh,
I got approved H4 on this April 18th morning and when i chk VFS website PP track says “Your passport is under process at US Embassy/Consulate”.
Suggest me, is that message a positive sign ?
Tx
Hi Lucky,
This is the comman meesage we all get whose passport is with consulate. So your visa is still not approved once it is approved you will get the message on your mobile.
Thanks
Raj
Lucky,
That is a standard message when the consulate is working on the visa stamp. If it doesn’t change to passport dispatched (or something) within few days, then it means they are doing additional background processing and passport may be delayed.
Hi Saurabh and others,
Currently my I797 is with USCIS for further review sent by Mumbai Consulate. I work on a EC model and I am in the process of getting full time with my client.
My question is that once my new cap-exempt petition gets approved
1. Can I immediately go for H-1B stamping (note at this stage I am still employed with my old employer and have not officially gone on the client payroll. Additionally I will only be having the Offer Letter from the client and NOT the Employment Verification Letter for obvious reason as I am not on the client payroll and I won’t be having any pay stubs issued from the client directly to me) ?
OR
2. I should officially try to go on the client payroll which at this point I work for my client as a full time employee and I should be able to get the Employment Verification Letter and should be having pay stubs issued by the client directly to me ?
Darshan,
You can go for H-1 stamping once your cap-exempt petition is approved. It is ok for H-1 to be for a prospective job and not for a job w/ your current employer. So carry the offer letter and supporting documents from the client and then go for stamping.
There are few experiences posted on this site, and you can know from those posts as well.
Hi Saurabh,
I had my H1B stamping recently. My question is under annotations of my stamp it has the company name and the receipt number. But on my F1 visa it used to have a code (like A0N1128111) and then the university name I was attending. So my question is should the H1B visa also have any such number?
Ben
I am not taking about the Visa number in red which is on the right side.
Ben,
That is fine. In case of H-1 it is just the employer name, while in case of F-1 it contains a number followed by university name.
Hi Saurabh, Deepak and all others,
First of all i would like to thank you for you guys to share your experience and guding everyone to overcome their 221g misery.
I hope my experience would certainly give options to whoever struck with 221g. i reached US couple of days back and now its by responsbility to share my experience.
I have been US in for 4.5 with clean employment history and working in EVC model with same employer right from the beginning. On Nov 2007 i went for 2 weeks vacation for my cousins marriage and was issued 221g by VO at chennai consulate because of EVC. I submitted all the requested documents on Dec/2 but on Jan/10 my petition was sent back to USCIS for administrative processing.
I reached out to local senator office, they reached out to Embassy and got a response that DOS is not satisfied with Employer-Employee relationship. all these days my client was kind enough to retain me but with 60% rate cut.
My middle vendor was not willing to do H1 transfer. I talked to my manager and he escalated to his bosses and after a long negotiation and pressure from my Boss middle vendor agreed to cancel the contract and my H1B employer directly signed the contract with the client and filed another cap exempt H1 for me in premium services and got approved in 2 weeks. When we filed this H1b we ensured that detailed employer – employer relationship aspects are clearly mentioned in the “Letter to USCIS”.
I scheduled a interview first week of april at chennai consulate with my wife and kid and this is how it went,
VO: Hello
Me: Hi, how are you today ?
VO: Good and can you give the documents
Me: passed on I-797 and interview letter
She did check something on her system for a while.
VO: Looks like your petition is in adminsitrative processing and your case has been extensively followed up (i can see surprise in her face) is it the same petition ?
ME: No,this is a new petition which was filed last month
VO: are you sure ?
ME: Yes mam
She again checked something on the system
VO: Is this petition from same employer ?
ME:Yes
VO: Is it for same client ?
ME: yes
VO: Is you kid born in US ?
ME: Yes mam
She again checked something on the sytem and typed atleast for 3 to 4 mins
VO: Can you pass on you Letter to USCIS, LCA and I-129
ME: Passed on the documents
VO: Is you kid american citizen (2nd time asked not sure if she was expecting me to show my kids passport)
ME: Yes
VO: ok you will get your passport in 5 working days
ME: ok thanks and have a good day.
She did not ask me anything about project details, reporting etc etc but i am happy my visa was approved. Since my EB2 priority date is current (and retrogressing from MAy 1) we scrambled and came to US within a week, took medicals and filed our AOS.
The day before the interview i talked to our attornet who is very big in the city and goes to meetings with USCIS folks. He said during mid aug/2011 there was an unofficial internal memo within DOS that having a vendor is illegal and hence VO’s started to to issue 221g to anyone who has middle vendor and started to send back the application to USCIS. During end of Jan/2012 USCIS was overwhelmed with returned petitions and called for a meeting with DOS and USCIS have said that middle vendors are gatekeepers for the client, its legal and hence requested DOS to approve the 221g issued H1’s. From march 2012 Embassy has started to process 221g issued petitions starting based on interview date. I am not sure how far this is true but thought i should share this to you guys.
5 months in India was emotianlly draining with my home, things, cars struck in US and paying bills from India. i did not have any answer when kid asked me why we are here in India for so long ? when will we go back to our home in US ? When will i go back to school again ?
God was kind to me and i pray that all 221g’s are cleared ASAP and people can come back to US. I hope my experience described here will be helpful for you and wish that all of you out there with 221g get them cleared soon. Good luck to all and all the best.
correction.
i went for my first inteview on Nov/2011 and not Nov/2007
Congrats Raj! Have a safe trip to US.
Congratulations Raj. I am happy for you brother, specially for your son.
This is really nice you found time to update us all and gave another hope. There are lots of pressure on US government from India and companies of both countries. Companies and individuals are suffering and losing a lot. Hope this is at least reduce the count of people who are suffering and going through this torture.
Good luck everyone.
Hi Saurabh,
I got 221g white slip from Hyderbad. I got refusal email 2 days back saying that your application is sent to USCIS for final decision.
I am not sure what to do now? Please advise..its very frustration. I am working on EC model.
Thanks,
Kiran
KiranKumar,
This article has information on how you can proceed from here.
Saurabh,
Can you please tell which is best one, applying new H1 with the existing employer or different employer. Also have you seen any cases who got rejection from hyderbad and application is sent back to USCIS and got approval from them??
Thanks,
Kiran
kirankumar,
I have seen instances where people got visa approved after going through another employer, but don’t remember seeing many instances of other case. One should go w/ same employer only if the underlying rejection reasons have been addressed.
Hello Saurabh,
I would like to start by thanking you, this site has been like a torch showing the way to get out of the 221g pit hole. I hope everyone of you here get the 221g cleared and get back to your normal lives soon.
Let me tell you my experience and how I handled it, so that people with similar situation can follow and get out of this torture soon. I got my answers from this portal so, I guess my experience will also help.
I went for the first interview at Hyderabad in December, and got 221g blue form. Most of the questions were on employee employer relationship. I was not aware of what exactly is employee employer relationship, and what my answers should be. So I was very honest and told the VO, that I report to client manager. Which according to employee- employer relationship is not acceptable. This is where, the VO will take out the g form and prepares her/himself to refuse the visa. So to my utter ignorance I very happy to answer honestly.
I was thinking that I will get the visa, talking to few other ignorant fools who determine for us that blue 221g will be resolved with in 3 months and it is just a waiting game I waited for more than 3 months, wasting valuable . I was little intelligent this time, so consulted a lawyer, about my situation and with his experience, he determined with in 5 minutes that I will be getting a refusal very soon, based on the questions that VO asked and what I have answered. I was totally dejected and did not knew what to do. The only thing that was possible is to get a new H1B and appear for interview.
There was a similar case here, where the employer did not file the documents properly and he answered as I did. Following that I got my new h1b filed (under cap exempt/premium processing). Got the approval in 2 business days. The notification consulate on the petition was Chennai. I went for the interview at Chennai, with all the documents, nothing new (petition, LCA, approved 797, client letter, vendor letter, etc). I was still on EVC model, guess what EVC or EC model will not matter as far as you follow the employee- employer relationship correct or at least answer according to it.
I consulted different people who got their h1 approved, with EVC model, or EVVC model and was ready with proper answers. Even the lawyer I consulted scared me that EVC model will not get the visa approved, it may have happened like that, but I had to take that risk.
Finally, with the new H1 from new employer, updated client letter, and a better preparation on the rules of employer employee relationship, I went to the interview at Chennai. I forgot to mention about the DS form, I was in a confusion filling them for the second interview, but I honestly mentioned, why I got the 221g first time. (This was based on the refusal letter I got from Hyderabad Consulate after 3 and half months, with my answers at the interview, they should have refused it then and there, dumb fellows took more that 3 months to do it)
At the interview, the VO called me and for about 10 minutes he put my papers aside and was typing something, I was totally scared, about his actions. Finally after few minutes he took my papers and started the interview.
1) Whom do you work for and what do you do?
A) I will be working for XYZ, one I get the visa and I am Programmer.
2) Oh, so is he your new employer?
A) Yes
3) Who is your previous employer?
A) AbC
4) So why did you leave them?
A) I left them because they did not have my LCA filed properly and due to which I got 221g the first time I went for an interview at Hyderabad.
[( I forgot to mention above, my employer screwed up my LCA, well not exactly, he filed the LCA for X place ( place of the employer, where I should be working according to the petition) but I was working at different client places, without the H1 amendment and the LCA) My employer always told me that the LCA was flied for the new location and also paid me according to the new location taxes.] — I did not tell this to VO, dont get confused, this if just for your information.
5) what is your salary?
A) Around $xyz – be in accordance with the amount specified in your petition.
6) what is your work ( like roles and responsibilities)
A) Answered as per the roles mentioned in the client letter, letter to USCIS from Employer.
7) what is your bachelors?
A) answered accordingly
8) VO asked if I had the client letter?
A) provided it
9) Do you have any vendor in between?
A) Yes, I have one vendor
10) Who is it?
A) XYZ
11) Where will you be working?
A) I will be working at so and so location. (Address mentioned in your LCA, client letter, vendor letter, and letter to USCIS from your employer. All these addresses should be one and the same.)
Vo returned my petition, client letter and 797 and finally uttered the golden works, you visa has been approved and you will be receiving with in a week.
I received my passport with in 3 days with the H1 visa.
I hope my experience described here will be helpful for you and wish that all of you out there with 221g get them cleared soon.
Finally, Saurabh, What will be the documents that I will need at the port of entry?
Others if you have any questions you can reach me at abhinav_ask at yahoo dot com
Thank You!
Abhinav
Congrats Abhinav! Have a safe trip to US.
Hi Abhinav,
Congrts . could Please send the contact number even i m sailing in same boat now
You can reach me at 7799497583.
Hey Abhinav,
You info was really helpful. Thank you.
I have the same issue. I went for visa interview on Feb 9, 2012 and got 221-g blue form. Today on April 28, 2012, received a letter from mumbai consulate that my file has been sent to USCIS . I dn’t know should I wait for USCIS response or apply for new H1.
What do u suggest. Even if I file new H1, I cannot enter to USA before october …am I right??
Can you tell us when was this happened to you..and around which month you got the visa..
Hello Neha,
I would not suggest waiting for the 221g to get resolved. You can leave that, if it returns positive its good. Getting a new H1 from a new employer is the best option. Filing the H1 under cap-exempt will allow you to work from the day it is approved, since you already worked on h1, you are eligible to file under cap exempt option.Once h1 gets approved you can enter US immediately after getting the visa, you need not wait till October. Have the notification consulate mentioned as Chennai, as Chennai consulate has been approving such cases, and you will have more chances of approval.
In my case, I went for interview on December 12, 2011, at Hyderabad. Received blue 221g form, as there was no H1 amendment, LC for the location that I was working, and above all I was very honest and told the VO that I will be reporting to client manager and not to my employer(employee- employer relationship was not maintained). I waited as you did out of ignorance till March25th. I got the refusal letter describing all the issues and my petition was sent back to USCIS for revocation. I got the new H1 filed from a different employer, same client, different position, and EVC model. Got the h1 approval in 2 business days, went to interview at Chennai, the next week.
DS forms should be filled correctly, mentioning the previous 221g and reasons to it. VO asked me why did I change the employer, for which the answers are same as the refusal letter. Apart from that the other questions are pretty straight forward.
All the best!
Hey Abhinav,
Thanks for your quick response..appreciate it! When I went for an interview..i was working under EC model… My employer has direct relation with client. i have no vendor in between…
I’m the only person from my employer works at my client place. I think VO wanted tht my manager whom i report to should also sit with me at client place….
I had below conversation with VO…and i guess she got confused for that…what should have answered.? for whom do u report to..?
My client letter mentions that for any employment related questions, i report to my empolyer manager.
VO:Whom do u report.
ME:my employer manager
VO:How often do u meet him.
ME:Every week we have status meeting.
VO:Is ur employer manager work with u at client place.
ME:No
VO:Is there any special technology you work with.
ME:yes…said diff technologies
VO:does ur employer provide any kind of training.
ME:Yes. For new technology
VO:Does ur employer has any proprietary technology.
ME:Yes.
VO:Explain me whole situation when u report to client manager and when to employer manager
ME: -For ongoing assignment, if there are any enhancements or bug fix .. cilent manager informs me to do that.
-For any new assignments, we have task status meeting with employer manager and any new task , I report to him.
Hello Neha,
I also did a same mistake like you did on last question. We have to always mention reporting to our employer manager because as per the petition our employee can only supervise us not the client manager. You should have not mentioned that client manager inform me for break fix thats indicate it is supervise by client.
Getting a new H1 from a new employer is the best option and you can fly anytime after Visa approval and Oct date did not apply for you.
Delhi Embassy also rejected my Visa on Jan 2012 and Asked USCIS to revole my petition but they reaffirmed my petitiion and DOS to process the Visa. I have given second interview but after two weeks they again asked me to submit three documents and I did this weeks. I am going to wait for their decisition.
Thanks
RC
Hello Neha,
All the answers are good except for the question “Will your Employer manager work with you at the client place” for which the answer should have been yes, he is stationed at the client location, and the client location should be same as the one on LCA and the client letter.
Also about the reporting questions, you should not be mentioning the Client manager at any point, keep it as though you only report to your employer and they in turn work with client manager and assign you the daily work. You should be answering that you will be talking to your employer manager on the daily basis to avoid any misinterpretations by VO.
Thanks!
Abhinav
Abhinav,
got a quick question….
Do u have an idea….If I file New H1 with new employer, does my current pending process will get withdraw? I tried to contact u on cell # u provided, but it seems its not in use now. is there any other way to contact?
Hi Saurabh,
I got the 221G blue on 31Jan2012 at Hyderabad, and got a “Request Information” mail from hydcea@.. yesterday i.e 2oAPR2012 asking about the below information.
· Please request a letter (on letterhead) from the personnel department at the U.S. end client company (the job site where you will actually work) stating there is a vacancy for you.
· Please also have applicant submit a complete itinerary of services or engagements (including both internal and client projects) that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the duration of the petition.
Can you please let me know what exactly they are asking me in the second one. Also do I need ask the client to put the dates of the project in the letter.
Thanks,
Siva
Hi Siva,
What were the questions VO asked you before handing you 221g. The documents that they asked will depend on the answers you gave during your interview. Complete itinerary of services or engagements is nothing but a written and signed document from your employer stating what you will be doing or did till now while working for them and this should be in accordance with your answers given during interview, H1B petition and LCA. I have went through the same procedure and now I am cleared of it.
Thanks
Abhinav
Hi Abhinav,
They aslo asked me same things 1. client letter 2. iteneray 3. Cliemt – Employer contract.
Client is giving me signed documentes( 1. Client letter and 3. Cliemt – Employer contract) but my immigration team said the intinerary should be given in simple paper and no sign is required, is it true?.
How long they took to approve your visa after submitting the documents?
it will be really helpful if you can provide the info.
Regards
Raj
Hi RC
How did you send the documents.. VFS or through email.
Hi Siva,
I did not submit yet, will do this week through VFS.
Thanks
Raj
Raj,
I was not asked for any documents, I submitted all those documents during the interview. The VO took about 4 months to review few docs and send me a refusal letter. I applied for a new H1 under cap exempt and went for a fresh interview. I am not sure about the itinerary, the one I know is given by your own employer during the H1 filing. Ask your employer about it.
Thanks
Abhinav
Hi Abhinav,
Congratulations.. must be a lot of relief for you.
The questions almost went around EE relation and being the lone contractor at client site I told them the client supervisor some what manages my work along with my supervisor from employer. During the interview the VO didn’t ask any client letter or employment verfication letter. But I do have the at that moment. Now they are asking me about the client letter. Whatever I had is almost jan dated. Would it work??. How about the chances not submitting latest client letter, instead submit SOW, timesheets etc..
The other requirement my employer is already with all the information.
This time its little tough to get the client letter…
Finally, How are they going to verify the client letter.?
Thanks,
Siva Akula
Hello Siva,
Well, not providing or providing a outdated client letter will not result in a positive result, try for a updated client letter. Well I am not sure what to say, I dont think think they will verify the client letter, all they do is go through it during the interview or if they want to keep the client letter for reference they will go through the matter what the client has mentioned in it. If the client mentioned as the reporting manager is their employee and not your employer then it will not satisfy the e-e relationship. Each case is different, kindly consider all the facts of your case, what you answered during the interview and consult a lawyer, as to what is the best option for you at this point.
Thanks
Abhinav
Hi,
I had attended the H1 visa interview on May 8, 2011. I was given a yellow slip and asked to submit more documents. I had submitted all the required docs on August 5, 2011. But I have not got any reply till date. I am also not able to view the case status online.
My petition is valid till Sep 30, 2012. What should I do now?
Krishnakanth Reddy,
If you can find another employer, you can ask them to file cap-exempt petition for you and then go for stamping through that employer. There is no set processing time for your currently pending 221g petition.
Is it mandatory that the US consulate take a decision on my petition before the expiry date i.e. 01-oct-2012 in my case?
Krishnakanth Reddy,
I don’t know of any rule which makes them do so.
Today 2oth April 2012, i attended visa interview, VO collected my I-797, LCA and client invite letter, and returned the passport along with WHITE 221g form without any check marks. Can any one let me know what it would mean.?
Rajesh,
This means they don’t need any documents from you (at least at the moment) and will do background check/process on the application. If they need more documents they will ask you for the same. Once processing is complete and they are ready to issue visa stamp, then they would ask you to submit the passport.
hi Sourabh
Till yesterday i did not find my case number in consulate site, to day i see an update saying “Your case under processing, keep checking this site for any updates…” this is after 3 working days.. as i said they returned me the passport, what could be chances, and how soon i can expect next update… calling consulate/vfs will help me in any way..?? can you please suggest.. thanks
Rajesh,
There is no set processing time and it can take few weeks to several months. Calling/emailing them doesn’t speed up the process.
After receiving an email from Consulate to sumbit the ppt for further processing, i submitted at VFS on May 21st. But till now i did not hear any thing from either vfs or consulate, what could be chances of approval and when can i expect my ppt back
Rajesh,
Asking to submit passpost is definitely a positive sign. However, there is no set processing time and it can still take few weeks to months.
Hi,
On 15 jun my employer send an email to consulate, after that i received passport on 19jul with Visa Stamped, good that i had Relief from 221g.
Any how i am not travelling because this delay, hopefully i will go for another customer soon.
Good Luck for all, thanks saurabh for your prompt responses.
One question, If i go for H1 amendment to transfer to another client now, Do i need to go for Stamping again.?
Rajesh,
No need to go for another stamping as long as the current visa stamp is valid (true in the case of H-1 amendment also).
Hello,
I have appeared for my h1b visa interview in Jan 2012 at chennai consulate and handed over 221G green form.
When i emailed vfs for my status update. Received following reply.
As per the US Consulate, Your application is pending under Section 221(g) of the Immigration and Nationality Act (INA) for administrative processing. Section 221(g) prohibits the issuance of a visa to an individual whose application is incomplete or inconclusive, or whose eligibility has not been firmly established. In this instance, post is attempting to independently verify certain information presented by you at the time of your interview.
In the above reply “In this instance, post is attempting to independently verify certain information presented by you at the time of your interview” these lines looks new from my last status update replies from VFS.
Does this mean the consulate is trying to contact my client/ vendor? Mine is an EVVC model.
Did anyone received such status message from VFS?
Thanks for your help.
H1b221Ghelp,
As part of 221g processing, they can contact employer, middle vendors and end client.
So after getting my EVC petition reaffirmed after 6 months, I have asked to visit the US Embassy in New Delhi any working day at 8:30. Any advice on what documents to carry and what probable questions to look forward to is appreciated. My case was refused under 221G (failure to establish employer employee relationship). Thank you all.
Raj_SK,
You can read some of the experiences on this page itself, especially the one from Ram.
Saurabh
I cant seem to find Ram’s comments on this page. I check history as well. Do you know what page he is on at the moment?
Here are the links:
http://redbus2us.com/h1b-visa-stamping-221g-tracker/comment-page-4/#comment-36202
http://redbus2us.com/h1b-visa-stamping-221g-tracker/comment-page-4/#comment-33706
Regards
Ram
Thanks Ram.
Hi all,
Any experience how much time it takes to receive passport back after submission of it . Passport was submitted after I received an email from vfs to submit the passport
Hi Rajeev
Any update on your case?? When did you submit your passport?
Hello ,
I am stuck in a very strange situation and want to see if anyone else stuck in same situation and whether its affecting my 221 g processing
I scheduled myH1 visa stamping interview on 27th Jan from US itself with receipt number A . However when we came to India, my husband’s company denied to issue my receipt A as it was not for dependent visa and they told to contact VFS and take a new receipt .
When we went to VFS Delhi , they stated that you can take the new receipt and go for stamping. On 27th Jan I went to HDFC bank first and took new HDFC receipt and went to VFS again to confirm that I need not to do any thing else for booking new interview date.
When I reached VFS and asked them the same, they stated that I can attend the interview on the same day ,27th Jan with the new HDFC receipt B as I had my interview scheduled for 27th Jan and I can tell the situation in Embassy office.
It was 11:45 am when I left VFS , I rushed to Delhi embassy for giving the interview and fortunately they let me in . I was the last person to enter in Embassy for stamping interview.
VO took my interview for 20 minutes and issued me 221 G . I work in E-C model .
After waiting for almost 2 month we decided to go for dependent visa L2 stamping . So we contacted my husband’s company to send us the receipt A as it was intended to use for dependent visa. His company sent us the receipt , and when I went to re-activate the Receipt A at VFS Bangalore , the VFS employee stated that receipt A is already used for appointment on 27th Jan and receipt B is unused .
Here is the confusion :
1) I never entered Delhi embassy with Receipt A , I just had receipt B in hand so why it is showing that I have used Receipt A , I booked my interview with Receipt A though .
2) While submitting the documents for 221G at VFS Bangalore receipt number used was receipt A . ( Checked quiet late ,only when I saw the form submission receipt carefully , on same day when I was going to activate Receipt -A ) .
3) Using the receipt B which is active as per VFS emplooyee for L2 stamping ,shouldnot creat any trouble.
4) whenever I check my passpost status on VFs site, it says that I have missed my scheduled appointment .
I dont understand what is going on at Delhi embassy, so many discrepancy , now I am worried is all these difference here and there affecting my 221G processing .
PLease guide .
Thanks.
Jaya,
I assume when you refer to “receipt”, you are referring to HDFC receipt. Interviews are booked against specific receipt, and they are not visa specific (at least when it comes to L-2 and H-1). It seems like you wanted the L-1 employer to provide you a HDFC receipt, which they did assuming you are going for L-2 visa for an employee employed w/ them. However, once they realized that you are going for H-1 visa which has no relation w/ them, they decided not to give you the receipt details (which looks to be correct on their part).
Coming to your specific case:
1. Interviews are booked against specific receipt number, in this case A. That is why it is showing A
4. They might be having two systems to track appointments and document submission (probably the first one by VFS and second one by the consulate). As you didn’t show receipt A when entering the consulate, it thinks you have missed the appointment, but b/c you attended the interview the other system is showing that A has been used.
I don’t know how to correct what’s going on w/ your 221g. You will have to call/email VFS and make sure that your documents are considered submitted and that consulate is doing the processing. As for L-2 visa stamping, you can now go for stamping using B receipt after completing another DS-160 form and scheduling an interview.
Frankly speaking, you are in this situation partly b/c of consulate’s inability to track your entry in all the systems, and partly is your own fault.
Thanks a lot for your reply Saurabh. Yes Receipt I am referring to is HDFC receipt .
I did mail VFS and also have called them couple times about my passport status , that why it is showing that I have missed the appointment . VFS employee stated that its not a concern as they are able to see that I gave interview on 27th Jan and submitted 221G documents on 22nd Feb . ( Do you think because my appointment was scheduled at 8:30 in morning and I attended interview at 12:30 pm , its stating that I missed my scheduled appointment )
Secondly I also called VFS to ensure that my documents are with embassy and my case is being processed , they stated yes it is under administrative processing and I have received couple of emails also from VFS saying that my case is under admin processing .
What do you think about those emails I received.
Is there any other way apart from calling VFS that I could call/ mail to check that every thing is in place.
Thanks
Jaya,
They have mentioned on phone and email that your documents have been received against the issued 221g. So you should be good on that front and let it continue processing.
You can now proceed w/ L-2 visa stamping (if you still want to go for it). You can use B receipt for it.
I got 221G for SOW and client letter from mumbai consulate.
I have two options:
1. Can I submit Engagement manager letter along with SOW and project architecture document? Will
that work?
2. I have client letter with end date of 31-may for another project but SOW extension is not signed.
Which is the best option out of these two?
Vipul,
If you submit client letter for another project, consulate can reject the visa stating that client information submitted is different from what original I-129 was approved for. It would also require new LCA and H-1 amendment.
However, it seems like you don’t have client letter from current client but do have letter from engagement manager and SOW. IMO, letter from engagement manager will not work as they are employed by your employer and not client (however, there was a post where someone was able to use a letter from a BRM). It would be better to get a letter from the client which you can use in lieu of client letter.
1.The client letter which I have is from same client but the project is different and I do not have signed extension SOW for that project. So I am considering the first option and the problem is client will not issue any letter for that project.
2.Which document is more important SOW or client letter?
Vipul,
Yes, then go w/ option #1. IMO, client letter is more important than SOW. However, if you can only arrange for SOW, then you can ask attorney to add a cover letter mentioning the reason for absence of client letter and submitting SOW as proof.
Hi Saurabh,
1.I have submitted the client letter along with MSA. However I have not submitted SOW.What are the chances of rejection or approval?
2. I have not received any email for submission of documents. Generally when VFS sends out the email?
Vipul,
1. It may work out based on the cover letter and MSA.
2. I don’t think they send out an email when documents are submitted to VFS. You can check w/ others.
Hi Saurabh,
I had H1b interview on 11 April and got 221(g) email questionnaire. Replied the answers same day and got receipt also .
I was able to see my case status on http://hyderabad.usconsulate.gov/pending-or-refused-visas.html till yesterday (18th April 2012) but from today morning the web site says my case no. is invalid.
Do you have any idea about this?
Thanks in advance
H1Hyd,
Lot of times the site says so. You can re-try after few days or call VFS to get the latest update. If you have submitted your passport, then you can track the passport on VFS site as well.
Thanks Saurabh.
I can see my case status now.