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, I attended my H1 interview at mumbai and got 221g yello slip, and vo office said me to check my application barcode on the site and courier my passport if I find my application id.
Last week I found my application barcode online and sent my passport through VFS office.
now status in online is showing as “your passport is under process at u.s embassy/consulate” what does it mean.
What was your visa interview date ?
Kiran,
If they asked for your passport then that’s a positive sign. Your case is still under process, and they will return the passport once their processing is completed. The message you are seeing is a standard message displayed whenever the passport is w/ the consulate.
I had my H1B interview last month(10th-May). It went for 8-10 mins. Officer started with general questions and then asked more questions on client details.
Then she took the printout of the questions and answers that were asked/given, and I was told to sign. Then she also signed and stamped on that paper.
Then again some personal questions like Married? Education?
Then she asked “Have you read the white pamphlet?”
At last she said your case needs administrative decision, and gave me blue 221(g) form and said you are not required to come to consulate again personally and no need to submit any documents.
Any suggestions on this. What do I have to do? Keep checking pdf for my CEAC?
Sandy D,
Yes, that’s the only thing you can do now. Keep checking that pdf or call VFS, which will also give the same response.
Hello Saurabh,
My fiancee (He has his H1 approved from USCIS one n half yr back, he did his Masters here) went for his visa stamping on Jan 9th, 2012 and he had 221G Yellow slip with the below reasons:
1.) His Vendor changed the company name recently due to client- vendor contract issues and my fiancee didnt have that updated in his petition (he was working with same client from Oct 2009 its EVC model) VO mentioned that, it was the only reason he is giving 221G due to Vendor change not updated in his petition.
2.) His case was sent back to USCIS for further review on Jan 19th, we recieved an email from VFS stating they dont have anymore info regarding this as tehy handed this over to USCIS for further review.
Meanwhile, my fiancee filed another petition updating the vendor name change and also took a letter from vendor stating his name change and reappeared for an interview on Feb 13th and was again issued a 221G with Yellow stating Employee – Employer relationship and his case was sent back to USCIS for reverification/ admin processing.
On March 23rd he recieved two emails within a 10 mins gap regarding the 1st case:
Email1: It stated that his case was verified, reaffirmed and reapproved and was sent back to Dept Of State.
Email2: It stated that USCIS recieved his case and they are reviewing that and will approach him if they need any other docs or info.
Iam here in the US on my F1 n in OPT untill Nov ending, 2012 so my employer suggested us to get married so we can have another option n our hand. So we got married in mid April, 2012.
We were confused between both the letters and waited for almost 2months untill May23rd if we might get any info from either USCIS or VFS but didnt hear back anything.
My husband got fed up waiting for 5months and he called up USCIS by himself and verifed himself and they stated that they dont have his case processing…….we were shocked to hear that……dont know in which stage his two cases r now.
Since I have my F1 untill 2013 and my OPT untill Nov ending can he go for F2 now, since we r just married for a month we have lot of pressure from family. I just applied for my H1 and i will be on H1 starting Oct 1, 2012. If he has to come on H4 he has to wait untill Nov so that Oct’s payslip is generated……….Could u plz suggest if F2 is a viable option and should he withdraw his two H1 cases before he appears for his F2….!!!
Please…….Please……..suggest something that would be helpful to our lives……..Thank You
Jo,
If he goes for F-2 visa, then it might be denied as well b/c he had initially gone for H-1 interviews, and your H-1 has also been approved.
Did the employer receive re-affirmed petition from USCIS? If yes, then he can call VFS, tell them about the re-affirmed petition and then appear for H-1 visa stamping. Again, chances are they might issue 221g related to employer-employee relationship (just like other 221g).
He can go for H-4 stamping after July 1 (assuming your H-1 gets approved by then) and then travel to US by Sep 20th to be in US on H-4. It is not required to wait until Nov.
Another option is to file cap-exempt petition through another employer (say vendor) and then appear for H-1 stamping.
Did you discuss the case w/ an attorney?
Hi Saurabh,
I have two questions
1. So many people are attending interviews. All are from 2013 cap or previous one?
2. If I am petition is approved for 2013, then when I am eligible to attend the interview. Can I attend any time or need to wait till July 1st to make it 90days for Oct 1st?
Thanks
Raj
Rajg,
1. Previous cap
2. For FY-13, person can go for stamping July 1 and not before that.
Thank you Saurabh. I have few more questions. If I going for interview with my Wife and Kid,
1. Whether I have to take 3 HDFC payment receipt
2. Whether I have to make three appintments or one appintment.
Rajg,
1. Yes
2. You will make appointment for yourself, and then it will give you an option to add family members. At that point you will have to add your wife and kid so that all can attend the interview together
Hi Saurabh,
Thank you for prompt answer. I have one more question.
My company has filed my H1B. Do they need to file any petitition for depedents also? I have submitted my depedent details and I don’;t know what they have done with details.
Thanks
Raj
Raj,
If your dependents are outside of US, then no petition needs to be filed for them. They can go for visa stamping as explained in my previous response.
Thank you!!!
yes
hello all i went for my h1b visa stamping on with my wife and and my small 9 month baby on03/26/12 they ask me some question regarding my company i gave them all answer the vo officer called other vo and they discuss something with each other and they gave me 221g blue slip i said i have all documents with me they said submit to the vfs office they wanted the employee list from my company and there tax paper my company was kind enough to to send me all paper which were needed i submitted all my documnents on 4th april but still waiting it is hard to stay with the small kid who is us citizen and it is almost time for his baby shots please advise how much time it takes for this process
Hello Fred,
There is no timie limit for 221g process it takes from week to months. It depends on the case by case but most of the cases complete in 60 days. so please send e-mail to VFS and ask the status.
Hi,
I work in E-V-C model.
H1 Interview Date : 15th nov 2011 at new Delhi & Got 221g Green slip
Case sent to USCIS to review : 12th Dec 2011
Employer got NOIR : 19th April 2012
Employer responded NOIR : 14th May 2012.
Now USCIS status
Request for Evidence Response Review
On May 16, 2012, we received your response to our request for evidence. This case is being processed at our VERMONT SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within
60
days
So will i hear back in these 60 days.. ?
Can i transfer my H1b in this period.. will it affect to current petition ?
Please share your thoughts..
Hi Sanjay,
You can file new petition (transfer) any time and that will not effect your existing one. But please reduce the layer from EVC to EC or direct client that will be positive to get the Visa.
Sanjay,
It is not necessary for them to complete the process within 60 days. It can take longer as well.
Thanks Saurabh,
When Employer filed H1b that time also I got RFE and it got cleared in 20 days..
And that RFE also had same status like “Will update you in 60 days”
My concern is any difference in NOIR RFE Response Review timing and Normal REF Response Review
Thanks,
Sanjay
Sanjay,
I don’t know if there is a substantial difference in the time taken in the 2 scenarios.
Hi Saurabh,
Are there any issues in giving a H4 visa to a pregnant woman ?
I have no kids now, so i have mentioned only wife as dependent at the time of filing H1B for me.
Will the kids be given H4 in case they are born after I get H1B ?
Hi Manish,
The Kids get H4 or other visa any time they born there is no restrictions for new born baby. And second things you can put kids now because baby is not born yet.
Manish,
In addition to what RC said, if the kid is born in US then the kid will be a US citizen and hence no visa would be required.
My lawyer and employer has received a photocopy of I797C for my reaffirmed H1 case. Can anyone please let me know if I need to get Original (green color) I797C for my second interview at Mumbai Consulate.
Thanks,
Rajesh
Hi Raj,
Normally they sent the reaffirmed peition with original paper so I not sure why they sent the photo copy. Please send e-mail to VFS and check if your reaffrimed petiton is updated in PIMS database or not and I think you can also mentioned about the photo copy of reaffrimed petition.
Hello,
I went for my H1B renewal interview in december and got a 221g blue for employee – employer relationship.
I worked in E-V-C model , but worked at the Vendor’s location (Vendor is a big company with its own dev center). Accordingly I mentioned in the interview tht my vendor is my client (which is true) and never mentioned about the actual client. The 221g was issued as I was the only person from my employer working at the Vendor’s location.
Now I have got my petition transfered to the vendor and I will be working from their premises.
I have the following questions –
1. Does having a client but not working at the client place mean anything to my case? I mean will I be grilled on stuff like client letter and who is the client manager and who controls me? Since I will be working at the vendor location I can pretty much say that I do not know who the client manager is or may be that I do not have much of a contact with the client manager.
2. What all documents do you think I should be carrying this time around? I mean to ask what will the documents that the VO would most likely be looking for in such case?
Thanks.
Answer:
1. So new petiton is filed by Vendor for internal project?. If yes then you don’t need client letter.
2. All the comman document + your company letter + go through all the peititon dicuments specially the position section where they put the porject details etc.
No the new petition is for the same client….but I will be working at the Vendor’s premises……the vendor is a big US firm with development centers at multiple locations in India……..I will be working at their primary facility……..not sure what to expect at the interview….
Swet,
Check the letter vendor (your new employer) will send to USCIS as part of the petition filing process. You will have to carry documents in support of that letter. If the letter states that you will be working on an in-house project, then that’s what you need to support in the interview; else client information is required. Also note that consulate may not ask for client information when going through large employers as they are confident that such employers will pay regular salary even when the person is benched.
For rest of the response, refer to RC’s comments.
Hello,
Wife and I got out h4 and h1b visa stamped respectively somewhere in month of April.
I came to USA on 1st May 2012 and wife planning to come on 7th July.
I am planning to file H1b visa for her right now in June (that time she will be still in India) through Consular Processing. Once the approval comes, does she needs to go to Canada ot other country for stamping or she can work with approved petition and then applying for COS?
Please let me know.
Jay Mathuria,
She will have two options – file COS on the approved petition and then start working from COS approval date; or enter US on stamped H-1 visa. For the first time visa stamping, she should go to home country and not CA.
Hi Saurabh,
I was given a 221(g) yellow form with tick mark on “New Passport” at Mumbai consulate for H1B stamping. The VO told me that my passport’s last page is damaged and that I need to get a new passport on which they will stamp a visa and send it back.
I got my new passport and submitted both old+new passports at VFS on 29th May 2012. There were no other tick marks (e.g. admin processing, other documents) made on 221(g) except for “new passport”.
I would like to know how much time they usually take to process a case like this.
Vijay,
There is no set processing time. It can take anywhere from few weeks to several months.
Hi Saurabh,
I received my passport (with visa stamped 🙂 ) yesterday. They took 2 days to stamp my visa after submitting new passport. Very quick turnaround I suppose.
Thanks for your help in answering my query.
If the h1b application is pending, can I file h1b amendment through same employer and go for visa stamping, is it advisable ? what are the chances of getting visa stamp vs another 221g ?
Vindh,
You mean you have already received 221g w/ your petition and now want to go for another visa stamping after getting the petition amended? There is no surety that the 2nd stamping will not result in 221g. If the officer raised concerns w/ original stamping and those concerns are not addressed in the 2nd petition, then 2nd stamping will most likely result in 221g. What was the reason for 1st 221g and what changes will the employer do in the amendment?
Thanks for your quick response Saurabh,
I got 221g blue slip from the consulate, not sure about the reason. However, the way the VO asked questioned more about employee-employer relationship. Its been more than 2 months, neither my client nor the employer has been contacted.
Question –
1. Do they really contact the employer/client ? or they verify info based on the documents which has been taken at the time of visa interview?
2. The vfs status shows, “Your Passport is under process at U.S Embassy/Consulate.”
I want to know firmly, if the proecessing is still with the consulate or they have sent it to KCC or they have sent back to USCIS. Just thinking what are in those 2 months ?
This time my employer is having an internal project, so we can file h1b amendment with proper document. Will there be any issue ?
Vindh,
1. I have seen both kind of cases – where they were contacted and where they weren’t.
2. When they send it back to KCC, they usually issue a letter stating the same. You can call VFS and ask them about the status. If they mention that its still under process, then it is w/ the consulate.
They can file H-1 amendment and you can then go for stamping. It will not be an issue as long as the job is real and the employer really has an internal project for you. You may be asked about documents related to internal project.
Hi Sourabh,
I have attended H1b visa interview (as direct employee) on 26th April 2012 and got 221g yellow writing PIMS on it. It is been 5 weeks but no updates from consulate.
My Current company (one for big IT Company) H1 petition got approved
1. Can I go for visa stamping with new approved petition when the previous is in pending
2. Do I have to cancel the previous pending visa application before attending
Please..Please suggest, literally dying with tension…
Sowmi,
1. Yes
2. Not necessary. I have seen cases where a person was able to go for another stamping w/o withdrawing the previous one, and cases where VO specifically asked the person to withdraw previous stamping. So it would be better to discuss w/ your attorney
Hi Saurabh,
I went for my H1B PA on May29 2012. The VISA officer asked me questions and then she took my passport. She didnt give me any forms. At last she said some thing which i didnt hear clearly. Since she took my passport i assumed my VISA is approved. Its been two days but in VFS if i track my passport it show still processing in US embassy. My friend who had PA on the same date when they checked its mentioned the passport has been dispatched.
Does this mean my H1 is denied. If h1 is denied will they stamp in passport as denied? When i will get my passport.
Doss,
They usually do administrative processing for several visa applicants. This can take few weeks to several months depending upon what exactly they are processing. As they asked for your passport, this is a positive sign (not a surety though). You can track your passport on VFS site, or call VFS to get updates (not much helpful though).
Hi Saurabh,
But the Visa Officer didnt give me any blue or pink slip. If its kept under admin processing then they will give a blue receipt right?
Doss,
They can still do administrative processing w/o issuing any receipt number. You can call VFS to follow-up on your case but they may not be able to provide any more helpful information.
Hi Saurabh/Doss,
I have a similar situation. I appeared for an interview on teh 29thMAy for a business visa. The consular officer took my passport and said your visa is approved (though earlier he wanted to see a company letter). Now after waiting for coupel of days, I recieved below email from the Mumbai consulate “You DO NOT require scheduling another appointment. Please visit the Consulate General any business day at 10.30 am for a re-interview with your pending letter, passport, courier envelope, other documents pertaining to your visa application. ” They havent returned my passport/VFS website says under process..and their helpline not helpful either. Not sure how to track my passport now and what they need.
Ram K,
You need to appear again at the consulate for the interview. They may want to ask additional questions to you. Carry all documents related to your B-1 trip.
Hi Guys…
Went for the H1 Visa Interview after filing H1 Premium….
Interview Date :30 Nov 2011.
Location: Mumbai
Result: Yellow 221 G.. no questions asked.. no docs asked…ppt handed back …
Found my Case number online on 2nd April 2012.
Sent the passport to consulate through VFS on 3rd April 2012.
Passport received back on 5th April 2012.
Summer Offer… No Visa stamped… Free..Free..Free… New yellow 221 G ….
Now the Wait continue……… 🙁 🙁 🙁
Hi Saurabh,
My wife got green slip in H4 interview asking for updated LCA and contract btn Petitioner and client. My H1 was approved 18 months with internal project. Though I’m working in E-V-V(Indian MNC) -C , my LCA was not updated until last week. But, my payslips have current client location(MN).
I am thinking to provide the recently updated LCA , vendor agreement and letter from Indian MNC. But my employer is saying its better to send a cover letter stating that I’m still working in Internal project along with all the supporting docs. He says Internal project option is better than EVVC model.
Can you please advise which option is better.
Thanks
Sidhu,
It is never a good idea to lie to the visa officer. Your company has been lying to USCIS all this while by having you work in EVVC model w/ no new LCA and H-1 amendment filed. You can discuss this w/ an attorney (probably an independent one as the employer’s attorney will have employer’s best interest in mind).
Hi Saurabh,
Finally I got my passport stamped from Mumbai consulate. It took 4 months for consulate to clear my 221g case(Blue slip).
Interview date: 10-jan-2012
Doc submitted: 19-jan-2012
passport stamped: 25-May-2012
Thanks for all your help!!!
Hi Rohit,
Could you please elaborate on the second interview process like questions asked by the VO, time from USCIS reaffirmation to the second interview scheduling, etc.
Thanks,
Rajesh
Congrats Rohit! Have a safe flight to US.
thanks Saurabh for your reply.
I have plans to travel international and right now my passport is with consulate, I am not sure if VO has asked for it or the officer at the drop box, but usually how long will it take for them to send the passport back to me ?
and what are the possible cases ? approved, denied and is there any chance that they can again give a further processing notice with the passport ? ( i submitted only 4 documents – emp 3yr tax returns, unemployment wage reports , employees details & project description letter from client)
Hi,
Me and my husband came to india on aug 23 for his h1 renewal and we were given a pink slip. Now it’s been 9 months our case is still under processing. Mean while I delivered a baby in india. Our passports are still with the US consulate for past 9 months. I want to apply visa for my baby too. Can I go ahead and schedule a VI when our case is still pending or I should wait till our visas get cleared?
Thank you
Also I want to mention that we forgot to take in the HDfc receipt which has a tracking number in it.fortunately we had a copy of our receipt and we were accepted for the interview. Is that could be a problem why our visa is getting so much delayed? Just a thought. Thank you
221g49m,
I don’t think using the HDFC receipt copy would have caused this. Pink slip is usually issued for background/security checks. 9 months looks like a stretch. Do you guys have a common Muslim name?
As for baby’s visa, I would suggest not to submit the passport at this moment. Once your visas are issued, you can then submit the passport for visa stamping.
Yeah we do have a common Muslim name. It’s already been 9 months. Is there a possibility that we get our visa?
221g49m,
Yes, it can still be approved, but there is no set processing time. So even after waiting for 9 months, you may have to wait for more months or if you are lucky then just few days/weeks.
Thank you for the responses. Will update once our case is concluded.
Hi Saurabh
I tried calling the US consulate chennaii for the visa status but they said they cannot give any information regarding the visa status and only option is to check the status online.They didn’t even ask my details of my case. But I see people here on this forum mentioning that they contacted DOS. Can you guide me how to contact them. Also is it wise idea to ask for our passport back and send it again for stamping once our case is processed?
221g49m,
People usually call VFS and not the consulate. I don’t think consulate will give you any information except for what’s available online. Some people call DOS in US as well, but they are not always helpful as well.
chennai_221g,
There is no set processing time, and it can take few weeks to several months. The final decision varies from case to case and I cannot guess the outcome.
Hi ,
In reply the 221g green slip , i collected all the documents, emp tax docs, unemployment wage reports, letter from client and when i went to Hyd drop box (for documents to chennai consulate), they asked me to give a copy of I797,I129 & LCA (which are already taken by VO during my interview). I didnt carry them as it wasnt mentioned anywhere, but i quickly got them printed and submitted. The surprising thing is, they werent sure if they should take passport, i vaguely remember VO telling me not to submit my Passport, they had some discussion, some calls for verification and then decided to take my passport too.
1. Is it a good sign ?
2. how to track my status now ? can you pls provide me all the numbers and URLS (and mail ids ) if possible for chennai interview.
3. The passport tracking status says the following :
“Your Passport is under process at U.S Embassy/Consulate.”
Does that mean anything ?
Any response or similar experience will mean a lot.
Thanks.
chennai_221g,
1. If the consulate asked them to get the passport, then it’s a positive sign. If they made the decision at their end, then it’s a neutral sign
2. You can track the passport on VFS site. If you have the case number, then you can go to Chennai consulate website and look for information there
3. That’s the standard message when your case is under process
Hi ,
Am clueless as to what to do here…
Visa stamping – H1-B-Mumbai…3 year extension …April 16th (been on H1 for 6years…filed based on approved I-140…EB3)
recieved 221G – yellow asking to submit documents….(all previous petitions and extensions)
Documents and passport submitted – April 20th..
Been calling VFS since then….
Till today they are saying that “case is still under processing”.
Called DOS and they say “Visa was issued on 17th of May”.
Anybody with a similar experience….I am still waiting to see an update from VFS and receive my passport…any idea why Mumbai consulate is stilll holding onto my passport..
Thanks,
Paul.
Paul,
That’s strange. They should have issued the stamped passport by now. You can contact VFS again next week, and follow-up. What’s the status shown when you enter passport number on VFS website?
VFS website says paspport is under process….and its the same answer when i call them…
Would you recommend that i email them and let them know what DOS said…
Paul
Paul,
You can tell them about it, but I don’t think anything meaningful will come out of it. VFS is just a 3rd party and doesn’t have much insight into DOS.
Hi Saurabh,
Am still waiting to get my passport. They are not even replying to my emails…phone calls to them say passport still under process…
Any suggestions…
Paul.
Paul,
There is not much you can do except to wait. Their processing is like a black box.
Hi Sir,
Do we need to advertise the job vacancy before filing for h1b visa.
My company has not done the same and the consulate at mumbai have given me a yellow 221 g with this requirement.what do i do?
please guide.
regards
Hiren Vora,
H-1 rule says that the company should make an honest attempt to hire non-H-1 employees for the position and only when they don’t find an eligible candidate should they hire H-1 employee. So yes, they need to advertise the job vacancy.
Hi saurabh,
I attended H1 B renewal visa interview o Feb 1st 2012 at Hyderabad Consulate and got 221standard g for additional admin processing. Consulate did not request for any addional documents from me. I did not not hear from the Consulate till now. Sadly
This is my second 221g for H1, first one was in Aug 2010 which got cleared in 4mweeks.It is very frustating. I got Senator & Attorneys help but no luck ye t.Any i
dea what to expect?? Unfortunately my job at client got terminated ….
When you have sumbited your documents ?
Have they kept your passport?
VO took my documents at the time of interview.
Anand,
Unfortunately, there is not much you can do now. You will have to wait for them to complete the processing, which can take few weeks to several months. You can go for another employer and have them file H-1 petition for you. You can then appear for another interview.
Saurabh,
After previous H1b transfer rejection in Feb 2012 came back to india.
Luckily got a new offer from fortune 200 company (Direct Employee), which has more than 100 thousand employees. Petition Approved on 9th April 2012, Attended interview on 26th April 2012.
VO scr–wed me on my previous B1 visits and cancelled the B1 visa and verified the current petition and 1-129 and LCA and .VO said my petition in not there in system and issued yellow slip writing PIMS under ‘Other’ and handed over my passport back and asked to submit after receiving email.
My attorney confirmed after contacting USCIS has uploaded petition for KCC to update, waiting from 4 weeks no update.
Will PIMS update take more than 1 month or my case is moved to other Administration process??
Please help..
Sridhar,
It should not take that long, but the consulate processing is not the brightest thing out there. So they can take their own sweet time. It is also possible that they are doing other processing beside PIMS.
saurabh,
my new petition has been approved and i am going for interview next week. Will my new petition will be updated to PIM?. My attornery says she had already informed the consulate about the new petition. do you know how much it will take to update the PIMS database? Please let me know.
Thanks,
Kiran
Kiran,
I don’t know how much time it will take to be updated in PIMS, but it needs to be in PIMS system when you go for visa stamping. You can check w/ attorney about the time.
Hi Kiran,
I did ask my Attorney same question when i was in same situation and i was told PIMS updates are only for H1 extensions only and USCIS will notifiy/update DOS (local consulate) directly for new petitions immediately.
In your new H1 I-797 under Approval notice do you see “Consulate:, if so it means USCIS already notified your local consulate and you are good to go for Visa interview anytime.
Thanks Raj..In the Approval notice i can see the consulate informed is chennai.
Hi Kiran,
My petition approved on 9th April 2012 and attended interview at mumbai on 26th April,VO issued yellow slip wrote PIMS on it.
Be careful before attending interview.
Please email/call Chennai VFS helpdesk asking if your petition information is updated in PIMS. You will need to give your receipt number, FULL NAME as per petition & Employer name so that they can check and confirm.
Also there is a phone number to talk to someone directly inside Chennai consulate. The number is open only from morning 9am to 10am IST Mon-Friday. You can talk to them and get confirmation if your petition is updated in PIMS. see below the no and email address,
91-44-2857-4000
Email: chennaiwm@state.gov
Web Site: http://chennai.usconsulate.gov
http://newdelhi.usembassy.gov/nonimmigrant_visas/contact-information.html
Other option is to call directly Dos at 202-663-1225-extension 1*0*0 and get confirmed if your new petition is in PIMS or not.
Hi Saurabh,
Thank you very much for your reply.
incase if they are doing other process,is there any way to find out whats happening with my case.
Sridhar,
No, you cannot know what exactly they are processing unless they contact you for documents, or contact employer/client for verification.
Hi Saurabh.
I had attended h1b visa interview at hyd with my wife and got yellow 221(g) stating that need the project descritpoion and itenary on feb 12,2012 and submited documents on feb 21 and recevied by feb 22,2012. Till now i didn’t get any response. Did you see any body got approved visa who sumbitedd after feb 22,2012. I am really concerned should i go for new h1 transfer or wait for the response to come. it is already 3 months over and still no response. whenever i send an email to VFS they say it is under adminstrative processing.. pls help me
Ravi,
There is no set processing time and it can take different time for different cases. Unfortunately, there is not much you can do at the moment.
Hi Saurabh,
After 9 months of wait, I got a mail from hyderabad consulate to submit the passport for further processing. What do you think my chances are on getting the visa?
good that atleast u got the mail i think it should come
thank you ravi, fingers crossed 🙂
all the best …u r case on h1b? ..when u got today or some time back
yes mine was H1B new, I got the mail today
I was asked to submit passport. Submitted passport on may 1st. Haven’t received it yet. 24 days still waiting.
H1b22Ghelp,
Can you please share your case details like, visa type, interview date, cosulate location etc?
I had my H1b interview in chennai on 13th Jan 2012.
@Diwakar,
Did you get your passport back with visa?
Congrats Diwakar! Have a safe flight to US.
I submitted the passport today, hoping to hear back from the consulate by the weekend and hope its positive 🙂
Thanks Saurabh 🙂 Hope I get into one soon
Hello All,
I attended my L2 visa stamping interview in Chennai and it went pretty smooth.
I had previously got 221 g for my H1 visa and petition was reaffirmed by USCIS , however no update after that .
Question asked by VO
does your husband work for xxx company ?
how long have u been married ?
Is it arranged marriage ?
then she told ,your visa approved.. you will get your PP in a week time.
Note: I had expired L2 stamp in PP , I think which significantly decreased the questions asked by VO. No question was asked about my 221 G.
Hope you all get your visa soon..
Hey Jaya,
Congratulations Dear! dats good news you got visa approved.
Have a question…Did you need to withdraw your H1, while applying for your L2 visa?
-Neha
Hello Neha,
No my case was rejected by Delhi embassy and petition was sent back to USCIS. I got a mail form USCIS about reaffirmed petition, but I have not withdraw my petition.
No question was asked about 221 G.
Jaya
Oh..okie! As one of my friend had same issue 221(g) and then she went for H4 Visa but She withdrawed her H1 pending process application. Hence I asked you if its require to withdraw H1 pending process or not.
Are there good ratio of getting approval from chennai consulate. you went to Delhi for your H1 stamping ..right? I heard Delhi embassy is easier….whats ur experience says…
I would say Delhi embassy is not easier either. Infact, all the embassys’s are the same. It just depends on luck. Here is my expiercence:
I went for H1B stamping on Feb28th,2012 at Delhi. I had all the documents. VO took all the documents and gave me 221 g stating he need to do some administrative process. I waited for about 2 months, then applied for H4 in Hyderabad. Hyd officer did not approve my H4 at that moment and said he had to check with Delhi on my status of H1. Then after 1 week from my H4 interview, I got the email asking to withdraw my H1 and notify Hyderabad embassy. I did the same and got H4 approved within another week.
Sandhya,
Congratulations on getting ur H4 visa approved.!!
So basically H1 pending case needed to be withdrawed in order to get H4 visa…
But once you reach USA, you can file a New H1..right??
Did they tell u something that u cannot do H1 with same employer or something?
Neha
Actually we need not withdraw pending H1 for H4 visa to get approved, just depends on situation. I have seen several cases where H1 case was pending and H4 was approved. My case and I have seen another case in this website where we had to withdraw H1 for H4 to get approved.
I saw a H1 withdrawal format in immihelp.com, where it says, ‘I no longer wish to pursue employment with ABC company’.
Congrats Jaya! Have a safe flight to US.
thanks Saurabh and everyone..
I reached US safely..
saurabh,
hi saurabh, my name is smrithi, i have just arrived in the us, bay area, last week… i am on h4 now… i heard the quota for h1b for this year is exhausted. is it true? if yes when can i apply at the earliest? are there any options?
Smrithi,
There are still around 23K slots available for this year’s quota. An employer can file for you as soon as they can. Typically one is supposed to wait for at least 30 days (guideline and not a rule), but it is up to whether to take the risk and file it before reaching that 30 day limit or not.
Saurabh,
Can you let me know what is amended petition ? what is the process to file amended petition to USCIS ? I got 221G on my h1b visa stamping interview and later on my petition was sent to USCIS after that since last 3 months I did not have any updates.Instaed of waiting for reply from USCIS is it better to file new h1b petition or how we get amended reaffirm petition ?
Thanks
Nilesh
Nilesh,
If the employer is willing to correct the issues raised w/ the stamping or file another petition for another location/client, then they will have to file H-1 amendment. It is up to the employer whether they want to file amendment and take care of the issues raised during stamping, or wait for initial petition review to be completed by USCIS. After it has been amended, you can go for another stamping. It is not a surety that stamping will be approved after going for amendment.
A good explanation about 221G, Please read this 🙂
http://redbus2us.com/the-beast-called-221g-process-faqs/
Aditya
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.
Hello Pradeep,
Yes, this means another kind of 221g I mean administrative process and they may verify that. What model you have file the petition EC or EVC?. They just take their own time and we can not do anything now so it all depends on the luck. If they consider the suprvison letter then will approve otherwise it will go again in the loop.
Pradeep,
See my response to your other post here.
Hi,
I am working with an IT company (MNC). I had VISA interview on 30th April, and got a blue slip. The VO returned my passport at the same time.
VO marked – following documents are required from Employer.
1) A copy of petition with all supporting docs as filed to USCIS (including full I-129, cover letter for USCIS and education equivalency report).
2) A letter (or letterhead) from the personal department detailing job description and duties, including an organisation chart.
3) Also need the proof of attestation. ( it is an additional comment from VO, handwritten)
The company is planning to send a new client letter and SOW in response to blue slip. It seems strange and I think it will be a wrong step.
How should we proceed in this case? please suggest.
Please let me know if any other information is required from my end.
Any help would be extremely appreciated…
Ajay,
If they are filing a new client letter and SOW, then that would require new LCA certification and H-1 amendment. If you go w/ new letter w/o these documents, then it may result in final rejection and consulate may send the petition back to USCIS for reconsideration.
Thanks Saurabh for your quick response.. One more question…
What are the chances of approval if we provide all the docs for new client… client letter, SOW, MSA, LCA and H1 – amendment????
they asked for one document…
3) Also need the proof of attestation. ( it is an additional comment from VO, handwritten)
What it is?
Ajay,
You would have better chances of approval after submitting those documents. I will not say 100% as there is never such a surety when going for visa stamping.
Proof of attestation is the certified ETA 9035 or 9035E document that your employer would have completed as part of the LCA process. You can get this from your employer.
Dear Saurabh,
My brother works with a contractor of Apple in San Jose. He came down to India to get married in the 1st week of June. He went to the US consulate to get the stamping done today morning and his visa was rejected. He was given a 221g form mentioning that the consulate will get in touch with him. The interview was good and there didnt seem to be any issue. We are clueless as to why the visa was rejected. Would you know as to how/when the consulate will get in touch?
Girish,
Was he issued any case/reference number? If yes, then he can track the status using that case number by emailing/calling VFS or checking online (only if his case number provides online tracking). Else it can tracked using passport on VFS site.
The consulate will email him in case they need any more documents/information from him. They can also call him or send him a postal mail w/ more details.
Unfortunately, there is no set processing time and it can take few weeks to several months. Did they keep the passport w/ themselves? Is he working in EC or EVC model? Was he asked about employer-employee relationship? Was there any slip issued?
He is working in the EC model.
Hasnt got a case number. He got a yellow 221g with the ‘Others’ section ticked. They wrote on his 221g form that someone from consulate will call.
There is not other info forthcoming and we r clueless on whats happened.
Have you heard of anyone else having this ‘Others’ ticked? Wouldnt they just say exactly what documents are required?
Girish,
If they have not ticked any documents, then nothing is required at this point and they think they have all the documents/information they need. If they need anything additional, then they would call him. There is not much he can do but wait.
Hi Saurabh,
Thanks for all the help so far. My wife and I have now come to US after having both of our visa’s approved.
We came to US last week and cleared immigration alright. After coming home though, I noticed that my wife’s H4 I-94 has a stamp for only 6 months which I believe is standard for B2 Visas although my H1 is valid until Jan 2014. My H1 I94 had the correct date mentioned per the end date of my petition and Visa.
Is this an error and if so, how can we get this rectified?
PCC,
Your wife entered on H-4 visa, correct? If yes, then it’s an error and she should have been given I-94 valid until your 797 petition. Is her passport expiring in next 6 months? That is another reason why shortened I-94 duration is given.
If the passport is valid for entire 797 duration, then you should get her I-94 corrected. You can either get it corrected by visiting the CBP office at your nearest airport, or filing an application w/ USCIS or leaving US and re-entering on stamped H-4 visa.
Hi Saurabh,
Request your help and suggestions urgently.
My name is Shreya. I presently work with one of the top 10 Indian IT companies as a Sales Director. I joined this company in Aug’2011. Prior to this company, I had worked in a small start-up as their head of sales worldwide. This company was about 10-15M USD in revenue. Prior to this company, I was working in one of the top 3 Indian IT companies as a Sales Manager. In all my working in the US (5 yrs+), I was always a direct employee and never worked in EEC or EVC model.
While I was working in my previous company, I was pursuing a part-time course in London which involved a weekly travel for 10 weeks from the US. During my second last trip i.e. in June of last year, which I was coming back, I had got a deferred inspection as my LCA location was different from my stay. However, since I was a Sales person and my job involved a lot of travel, my lawyer, who I engaged with sent an explanation for the difference in LCA locations, witha parapetictic clause etc. As a cautinary note, my employer filed for a dual LCA for my NJ location also and we subsequently filed the amended H1B. This was what was sent to CBP post in Aug 1st week which the deferred inspection status was removed and they stamped by I94 an passport.
Post the deferred being resolved, with the new documents, I had changed companies and got a new H1B and LCA. I had traveled to India for an official visit in December. Since I was there, I had gone for a consulate appointment on Dec 21st. I got a form 221G.
In the interview, the VO asked me various details on my job. I did explain my Sales role and that i do not have a client as such. She also asked me about the deferred inspection, to which I explained that it was resolved. The VO asked a few more questions and then gave me a 221G askiing for my company financials, the documents used to file for my visa and a letter from my client. I did submit the same and for a letter from my client, my company lawyer has sent a letter stating that I am in sales, I dont have a client as such and my role is in conjunction with my LCA and the actual job description was mentioned.
It has been close to 5 months and i have not heard anything from the Consulate. My company has used the BEP status to check on the status and the consulate replied that the case is in process and will get back to us when completed. What is it I can do in such a scenario? I am totally lost.
Thanks in advance.
Satish,
Unfortunately, there are not many options available to you to speed up the process. You will have to continue to wait. You can contact your US senator, but not sure if it would help or not. You can change employers or the same employer can file another H-1 petition. However, that doesn’t guarantee that the new stamping will not face similar issues.
Hi,
I appeared for h1b first time stamping interview at Mumbai consulate on 05 Dec2011 and my visa was approved. My husband also appeared for his h1b extension (separate interview) on the same day and got a 221g blue slip. We did not appear for the interview together as we were not married at the time, but got married after the visa interview. I came to US on 01 Jan 2012.
It has been more than 5 months after we submitted documents to VFS for 221g. We are now thinking of applying for h4 for my husband.
But during my interview, I was asked by the VO if my husband would need H4 and I answered as NO as he was appearing for his own h1b extension.
Will my answer “my husband will not need h4” affect chances of my husband getting his h4 approved?
Thanks in advance,
Shweta
Shweta,
No, it won’t be an issue. As you were not married at the time of interview, that question was kind of trick question. Even if you were married, then also one can go for dependent visa after skipping it in the 1st round.
Thanks Saurabh!
Hi Shweta,
My wife has been given a 221G at the same time. However, our case is a bit different. But wanted to check if your husband has received any communiation post the 221G.
Thanks in advance. Also, can you please send me your number and I would like to have a quick discussion.
Satish
Hi, my husband did not receive any communication since then. His employer got an email from USCIS requesting more documents. The employer replied to the email next day. We haven’t heard anything as of now. Still waiting.
1st Interview on 3rd of may 2011
H1B
EC model.
Got Green Slip for Employer Employee relationship verification.
Petition got reaffirmed on 15th March 2012
Reaffirmed Interview on 18th May 2012
Questions asked were same as asked before and consular was repeating that she is not aware about the case.
She kept all the documents along with passport an said she will review it today and there is possibility to send this petition back to USCIC for revocation.
Guys please suggest chances of approval.
Thanks
Manish,
The officer should have been aware of your previous interview as the petition was re-affirmed. It would be stupid to send the petition back to USCIS after getting it reaffirmed. I think it will get approved, but don’t know how much time consulate will take to figure out that USCIS has reaffirmed the petition after their same initial concerns.
Hi guys,
I got 221g for my h1b on Feb13th 2012 at Ottawa, Canada.
In interview VO asked specific questions related to EE relationship. I felt he was not convinced something at EE or Employer and he gave AAP. BTW im working on EC model.
Recently I got this mail from Consulate when I requested status:
“Thank you for your email regarding the status of your nonimmigrant visa application. I regret to inform you that your case remains pending.
Your case was subject to a legally mandated review. Our embassy has no control over the pace or scope of that review, and there are instances of these reviews taking well over 90 days. While we are sensitive to the inconvenience caused to applicants worldwide subject to this review, and we wish that we could do more for the many individuals in this situation, we must follow U.S. law and wait for a response before we can continue processing your application.
Please be assured that we will contact you as soon as we receive the necessary response. Until then, our embassy can take no action on your case. Due to the large volume of cases under review, we have been informed that it is impossible to request expedited service.
We regret that our response cannot be more favorable at this time.”
Did anyone get this kind of response??
what kind of processing he is talking about?
it is been 3months already, what is the chance?
Is it fine, if i apply H1b with another employer with different client?
Thanks!!
Sunnyside,
This is a typical 221g response. There is no set processing time and can take few weeks to several months (even more than 90 days). Yes, you can have another employer file H-1 petition for you.
Hi Saurabh
Today I rcvd my passport with Yellow form.
Yellow form says “Please submit the documents requested below along with your passport, this letter, a copy of the l-20 or l-797 form (if applicable) and the CEAC barcode
token affixed on your passport to the nearest VFS office.”
In Yellow form Other section is marked with handwritten “Further review of H1B Docs”.
My passport having stamp with issue date 14th may and then there is seal of ” Cancle Without Prejudice” . On yellow form date is 16th May.
Please let me know what it means?
Ashish,
See my response to your other post. They issued the visa on 14th, and then discovered/realized something and canceled it on 16th. You have to submit the documents asked for and then wait for them to complete the processing.
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”
Does it take this long? Its been 18 days 🙁
Did anyone waited such long time to get back passport?
H1b221Ghelp,
There is no set processing time. Once passport is submitted it can take few days to weeks to get the stamped passport.
Hi Saurabh,
I rcvd email to submit the passport on 8th May and I submitted it on 10th may. Now 5 working days completed. Is there still possibility that stamping gets denied?
Do you know any case in which stamping denied even after 221g cleared?
Ashish,
In most of the cases, they ask for the passport only when they are sure that they would issue the visa stamp. However, there is no set processing time. It can even take few weeks.
Ashish when have you went for visa stamping? How long they took for all this process? Are you on EC model?
Thanks Saurabh,
Hope I will get stamp soon and it will not get denail.
Avni – Here’s my detail
Model – EC
Interview @ Mumbai Consulate – 20 March 2012
Doc submitted – 10 Apr 2012
One more doc asked by consulate – 20 Apr 2012
Doc Submitted – 30 Apr 2012
Rcvd mail to submit PP- 8th May 2012
PP submitted-10th May 2012
Are you aslo waiting for response?
Hi Ashish,
I too got 221g( green) form on 14th march 2012 and still waiting for the response. I just wanted to know that when you received the mail from VFS to submit the passport, what exactly they have written in that mail. Did they mentioned something like this, that your 221g is approved or your h1b visa is approved, please submit your passport for the stamping.
Thanks
Aditya
Hi Saurabh
Today I rcvd my passport with Yellow form. In which they mentioned “further review of H1B docs” .
My passport having stamp with issue date 14th may and then there is seal of ” Cancle Without Prejudice” . On yellow form date is 16th May.
Please let me know what it means?
Not sure how long this painful time will continue…
Ashish,
That is strange. They first issued you the stamp on 14th, and then discovered/realized something, and canceled the stamp on 16th. They will now do more background check and will contact you w/ further details. There is nothing much you can do at this point.
No Ashish, I am not waiting but I am afraid to visit India because of these problems so I am just exploring how long I can be stuck. I am on EC model.
Hi,
My H1B case was send to USCIS for review & possible revocation
I rec’d a mail from USCIS “On April 23, 2012, we mailed a notice to you reaffirming the approval of this case and returned the case to the Department of State for visa processing”
But still my employer has not rec’d new i797c
I forwarded Vfs mumbai with the mail rec’d from USCIS & embassy ask for my passport & CEAC barcode number
So far no further update from mumbai embassy ??
Pls let me know wht will be the further process
Thanks
@Anand
I had received the same email on Mar 23 from usics, but till now my employer/attorney haven’t got new i797c.
Can you please let me know.
when did your case was send back to uscis and to which service center.
Thanks
S
Anand,
Your employer should call USCIS and ask about the re-affirmed petition. Once you have the re-affirmed petition you can contact consulate and/or VFS and ask when you can re-appear w/ the re-affirmed petition.
Hi Sourabh,
Thks for reply
Once i receive new i797c & then reappear for interview
Which documents do i need to carry 2 consulate again ?
I have rec’d yellow 221g from embassy & hdfc receipt along with Ceac barcode
i.e s’ it or any more documents ?
I am a full time employee with EC Model & same client & employer
If stamped then can i fly anytime 2 Usa or wait till Oct ??
Anand,
You can go through the interview experiences posted on this page. There are few people who re-appeared for interview after getting the petition re-affirmed. I would suggest carrying the same set of documents in addition to re-affirmed petition. Also carry a more recent employment offer letter. It is better to err on the side of caution and carry more documents and not give them an excuse for another 221g. You can travel even prior to Oct 1.
Hi Saurabh,
I have been waiting with the 221g Blue form under administrative processing since 25th August 2011. They asked for the client invite letter, Agreement copy between my company and client and itinerary on 9th Jan 2012 and again on 26th Feb 2012which I have submitted, last one being on 28th Feb 2012. Still I havent heard anything from the consulate. My case doesnt show on website either. My petition is expiring on 30th sept 2012. Could you please suggest me if there is way I can get in touch with the consulate directly(other than the usual mail process through VFS) and try to get a decision out of my case?
Also what happens if my case remain pending beyon 30th Spet 2012, when my petition expires. Is there a way I can apply for extension with the case still pending?
Thanks
Diwakar
Diwakar,
You can apply for an extension with your case still pending. Please check with your attorney as well.
Diwakar,
This article has the details you are looking for.
I was interviewed by embassy, new delhi on 11th April, interview was for 45 minutes. submitted all documents as asked, embassy took passport. given green slip to submit client letter and letter submitted to DHS at time of i129 filing. Submitted both documents on 13th April. Till today i do not have any hearing from embassy, they still had my passport. Checked with VFS many time, they always said its under process. Even embassy is saying case is under administrative processing. Anyone has any idea how long is this kind of process or is there any other way to track the case status.
Hi NP,
We all are having same issue and there is no such way to track or priorities the case. The administrative process is very long and it take from weeks to months.
You can only track in VFS site but they are totally depends on US embassy.
Thanks Darshan!.. I spoke to my attorney he said already informed the consulate about the new petition..
I have posted my experience detailed a while back. Went to india for 2 weeks Nov/11, chennai consulate gave me 221g because of EVC, submitted requested documents, again another 221g in jan stating that my petition is being sent back to USCIS for further review. Filed another cap-exempt with same employer and same client but no vendor and went again for visa interview on Apr/2012 and got visa stamped and right now i am in US and filed my I-485 just 2 days before retrogession in Apr/2012
5 days back i got a email from VFS chennai to collect my documents, my dad went to documents and VFS returned all documents i have submitted for earlier 221g along with another 221g with handwritten like “Please submit your passport and we may issue your visa”. seriouly, these guys in consulate are really kidding ? not sure what to do with this now ? i think i am just going to ignore this since i should be getting my EAD and AP within next 2 months.
my new cap-exempt petition is only for 1 year whereas my old 221g’d petition was for 3 years.
hopefully others who had 221g during last quarter of 2011 start getting visa issuance 221g like me from VFS… just want to share these info to you all.. Thanks and Good luck
Raj,
I’m having the same situation as you. I went for an interview in Feb 2012. Got 221-g, i’ve submitted all docs and in April end – i’ve been notified that my file has been sent to USCIS. I’m working in EC model.
Now i’ve three options
1)file new H1 with new employer and same client
2) file new H1 with same employer and same client
3) file new H1 with same employer and new client.
Do u have an idea….If I file New H1 with new employer or same employer, does my current pending process will get withdraw or it’ll be still continued???
Neha,
I work on EC model too and received a 221(g) blue form earlier in Jan 2012 and my case was sent back to USCIS. The attorney gave me 3 option :
1. Wait for USCIS to reply
2. File for a “new” petition (cap-exempt) with the same employer (same client) [Probably you wont stand a good chance here since your petition was previously refused. Also, check with your attorney if the old petition needs to be withdrawn]
3. Get full time with the client by applying “new” petition (cap-exempt). More like H-1B transfer. (Best case scenario to get your visa stamped)
I went with option no. 3 and got my passport stamped last week. I didn’t have to withdraw my old petition and apparently its still under review with USCIS.
Now all the 3 options that you have mentioned above are valid but I would recommend you to move away from EC model and go as full time employee (if possible of course)
Also, as you asked if you file for new H-1 with new employer, you don’t need to withdraw the old petition and it will still be under review (this was the case with me as well as I mentioned earlier)
But if you file for new H-1 with same employer, then you might need ton withdraw the old petition ONLY after your new petition gets APPROVED. Check with the attorney on this one though.
Neha,
Your option 2 worked for me. Also when you file a new H1 now (Cap-exempt) it wont affect your pending 221g’d petition. Infact I did file my cap-exempt H1 when my current valid 221g’dpetition was pending under “Administrative review”. Also most importantly eventhough chennai Embassy said that my 221g’d petition is being sent back to USCIS for further review, till date in USCIS case tracking website i did not see see any change of status for my 221g’d petition and this tells me all these days the consulate was holding my petition locally and never send back to USCIS.
When i went for 2nd visa interview with my new H1, i did not withdraw my old petition before that and no one from VFS in first level or the VO asked me about that…. I was prepared to answer like “i can withdraw my old petition if you are issuing me a visa for my new petition” to the VO.
I would personally not recommend you not to do anything with your old petition, but please talk to your Attorney about this.
There is a perception that if you are 221g’d then do a transfer to new employer. I personally don’t agree with that since i got my 2nd H1 approved and obtained visa with same employer/client with whom my previous petition was refused because of Employee-Employer relationship.
When i filed my Cap-exempt petition, we did make sure in “Letter to USCIS” we specifiy in detail about 2 detailed paragraphs one for “Employer-Employee” relationship and other for “Right to control” and during the visa interview VO indeed went through the “Letter to USCIS” in detail and i believe VOw was convinced with the contents in the letter. Also when you file a new LCA make sure your client name and address are specified explicitly, HR always tend to give only client address in LCA and VO may not have patience to verify the address against the client name.
Hey Raj,
Thanks for ur quick response. In my case my employer has a direct client but the problem is I’m the only one from my employer working at the client place. So when I went for an interview, VO asked me questions about whom do u report to?? I said my employer manager and then VO gave me 221-g and I guess it’s I should report to my emplyer manger and he shud be sitting with me at client place. which was not true in my case.
So if I file new H1, VO might ask me the same question as I’m filing with same employer+same client. What should I reply then?
Also I’ve to mention properly in letter that how the relationship works..
can u please share the format if possible to my email id nehapandya42 at gmail dot com.
Thanks dear
Neha
Hi Raj/Neha,
I am also in similar position. I filed my new petition with the same employer and same client. I also have the same question what if the VO asks the same questions and what should i say if the VO ask about previous petition query??
Please advise.
Thanks,
Kiran
Neha/Kiran,
I had the same questions during my first visa interview, note that i am also the only one from my employer working at the client place and my employer manager sits 15 miles away from client site, both my client and employer are in same city though.
When i went for the 2nd visa interview, i did get a detailed letter from my Employer manager stating that he will visit the client site 2 days in a week to assign me the work and attend client meetings, talk/email/IM chat with me everyday, do have weekly meetings for status updates/reports etc. and the reasoned out that he is right now managing multiple projects and hence could not sit at client place all the time at least for now. Its like my client manager will assign work to my employer manager and in turn my employer manager assign work to me. He also mentioned that this is new client for us and hence i will be the only one working in this project initially and will gradually add more resources few months later from my employer based on client requirement. I did also get same kind of letter from Client manager that he quite often talk/meet my client manager for project updates etc. and i did ensure that there is no conflict of information in both employer manager and client manager’s letter…. i filed these letters along with my new H1b petition and took along for 2nd visa interview too.
To recap, this is how actually my 2nd visa interview 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 administrative 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 system and typed at least for 3 to 4 mins
VO: Can you pass on you Letter to USCIS, LCA and I-129
ME: Passed on the documents (Read it carefully and compared the client name, Offered salary etc.)
VO: Is you kid American citizen (2nd time asked not sure if she was expecting me to show my kid’s passport)
ME: Yes
VO: ok you will get your passport in 5 working days
ME: ok thanks and have a good day.
One of my friend was struck in Canada with the same issue and during end of his 2nd visa interview conversation VO asked him ” Are you going to withdraw your old petition” and he responded like “I am willing to withdraw my old petition if you are approving visa for my new visa petition” and VO replied back “Yes, i am approving your visa” and ended the interview. i talked to him few mins back and he never tried to withdraw old 221g’d petition and it was also not withdrawn by Consulate no status change in USCIS website too… i have a feeling that only Petitioner( employer) can withdraw the petition.
Neha, i will email you my “Letter to USCIS letter” soon today . Please do not hesitate to ask me more questions.
Thanks and good luck guys.
Hey Raj,
Thank you so much it was very informative. Can you please send Employer manager letter and client manager letter. I just want to see the format and few things about EE relationship.
Here is my email: kiranborelli at gmail dot com.
Thanks,
Kiran
Raj,
Thank you so much dear. it was very informative..
waiting for ur email regarding that letter….whenever u get a chance 🙂
Neha
Hey Raj,
Got a quick question…
As you have file new H1 with same employer and same client…..
Did you file it as H1 amendment or a fresh new H1 itself.
Please let me know…
Hi Neha,
I did filed new H1 (Cap-Exempt) using my existing H1 quota.
btw i will send you the letter later today. Thanks.
Raj,
Waiting for ur email….whenever u get a chance… no rush 😉
Thanks
Neha
Hi Neha/Kiran,
I have emailed the letter to you guys. Thanks.
Hey Raj,
Could you please send me the letter to USCIS at my email rajesh dot mulge at gmail dot com
Thanks,
Raj_reaffirmed
I have posted my experience detailed a while back. Went to india for 2 weeks Nov/11, chennai consulate gave me 221g because of EVC, submitted requested documents, again another 221g in jan stating that my petition is being sent back to USCIS for further review. Filed another cap-exempt with same employer and same client but no vendor and went again for visa interview on Apr/2012 and got visa stamped and right now i am in US and filed my I-485 just 2 days before retrogession in Apr/2012
5 days back i got a email from VFS chennai to collect my documents, my dad went to documents and VFS returned all documents i have submitted for earlier 221g along with another 221g with handwritten like “Please submit your passport and we may issue your visa”. seriouly, these guys in consulate are really kidding ? not sure what to do with this now ? i think i am just going to ignore this since i should be getting my EAD and AP within next 2 months.
my new cap-exempt petition is only for 1 year whereas my old 221g’d petition was for 3 years.
hopefully others who had 221g during last quarter of 2011 start getting visa issuance 221g like me from VFS… just want to share these info to you all.. Thanks and Good luck
Hello All,
Another strange thing happened.. got email form USCIS as below :
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER
Your Case Status: Post Decision Activity
On May 14, 2012, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.
For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.
I got visa rejection letter on 8th may saying my case returned to USCIS . The letter actually was dated of 26th april , I received it on 8th may.
Any now today I got this email from USCIS saying that my petition has been reaffirmed .
Indian consulates are taking so many days for reviewing the documents and taking decision. And USCIS is reaffirming case in few days . I do not understand the purpose of all this long processes…..
Now my concerns are :
What if my employer says that he does not have job for me ,then for taking a new job do employer need to apply for H1transfer or have to file a complete new petition .
What if I go for l2 stamping at this point , will it impact my visa stamping process .
Please clarify my doubts.
Thanks
@Jaya
which consulate you had attended the interview.
i had received the same email from USCIS on mar 23 ,but there is no progress on my case after that.
Thanks
S
Hi S,
Did you send e-mail to VFS stating that my petition is affirmed and please assist for nextion action I mean intrview schedule etc. They will definitly response with action and ask you to apear for interview or just submit the passport etc.
Did your employer receive the affirmed petition? it will be one page I-797 docuement?.
Regards
RC
@ sh1b
I had attended interview at Delhi embassy .
Hi Jaya,
You’re lucky..you got the response so quick form USCIS.
I received the same thing on April 29th that my application has been sent to USCIS. Letter dated April 2nd. They took a month to send that letter.
I did not hear back anything from USCIS. you’r lucky..u got it so quick..
Did ur employer or lawyer tried to contact USCIS and expedite process??? Please let me know..
Thanks
Neha
Hello Neha,
No my employer has not tried anything . I am not lucky dear , because most likley my position has been terminated and moreover my employer is not replying my emails about confirmation of termination. My company has never supported me in this entire process .
Hope your case resolve soon.
Jaya,
New employer can file cap-exempt petition for you (aka H-1 transfer). If you go for L-2 visa stamping, it should not be impacted by H-1 221g. This is b/c from consulate’s perspective, they have already closed the case at their end and send the petition to USCIS for review.
Thanks a lot Saurabh for your reply .
All,
I attended H1-B interview on 10th April,2012 and I was issued with 221g Pink slip.My NIV case number was not updated in the consulate webiste for more than 4 weeks.But Today I could see my case number in the consulte website & its showing as ‘Pending Process’.Could some body tell me why my case number was not updated till 4 weeks.?
SS,
Case numbers do not show up immediately. I know cases where the number never showed up and the case eventually got approved. It can either be a technical glitch at the end, or they may just have a slow process.
Thnx Saurab,
When I contacted VFS, tey told like if the case is being closed, then only the case number will get updated in consulate webiste.is tat true?
Also, VO told me that it will take 8-10 weeks for issuing the passport stamped with visa.do they follow the deadlines?Its more than 5 weeks now.
I have a common muslim name and I work for large Indian IT firm.
SS,
Not exactly. I have seen case numbers show up on the site even when it is under process (at least for New Delhi). They are not bound by deadlines. Probably your case has undergone name check as you have a common Muslim name.
Hi Saurab,
For name checks with common muslim names, how long they would take to adjudicate?@least u could tell me the tentative time as u may have idea about this.
Looking forward u r reply.
SS,
I think it takes on the higher side. So it may take 2-3 months to check common muslim names.
Hi
today I had attended H1B interview in chennai, confidently answered all queries, but VO gave Pink slip and go for admin process. They have taken my passport and told that, it will take 4 to 8 weeks.
Admin process they have asked: expereince details, brother details, qualification.
1) How long it takes to get visa approval?
2) are they going to do back ground verification again like visiting my hometown and checking brother details? and also going to university and verifying my qualification? I have done BE(CS)
3) there is another company which is ready to transfer my visa now, can I apply with them for transfer now or I need to wait till visa admin process tasks to be completed and then apply for transfer.
4) since transfer will take 2-3 weeks, can apply now or wait and watch?
thanks
AK,
You could wait and that would be wise.not advisable to transfer the petition.
AK,
1. Pink slips usually get resolved in 3-8 weeks, at least that was the trend earlier in the year
2. What industry will you be working in?
3. You can go or you can wait for your current one to get resolved. Most of the pink slips have a positive outcome
4. It is up to you. As the pink slips are tied more to you and offered position, it is a possibility that the new stamping will also end-up w/ pink slip
I am working for software company.
1. If I transfer for another very big mnc, mean time this visa approves, then I can travel without going for stamping again, isn’t it?
2. Suppose if I don’t get cleared with present 221g then mean time visa will be transferred to this mnc and I can travel with this mnc after visa stamping ?
3. Is it ok to transfer now or better to wait till visa get approval? If I apply for transfer now will it cause any problem for present 221g?
4. As I had asked earlier, do they going to verify with my university, brothers details, experience details or previous company again?
AK,
Here are the answers to your questions as asked in order :-
1. You still need to get your visa stamped on your passport
2. Yes, you can travel with this mnc after visa stamping
3. You can transfer it now (I did the same). It won’t cause any problem for present 221g
4. If they want, they could verify.
1> You mean, even if my 221g cleared and got visa stamped, i need to go visa stamping again?
2> in thins case if i get 221g again, can i travel in my previous visa?
did u get ur visa stamped?
Hi Saurabh,
I am applying new petition with the same employer. I just changed to full time employee with my employer and filed amended petition. If i attend interview with the same employer will there be any problem?? what should i say if the VO officer ask me about my previous petition query with the same employer??Please advise..
Thanks,
Kiran
Hi Kiran,
I was kinda in a similar boat as you where as in I worked on EC model and I went full time with my client who applied for a “new” petition for me. I had my visa interview last week (got my passport stamped) and luckily the VO did not ask anything about my previous petition. All that he said was “[Mentioned by old employer’s name] and said that you are leaving” and I replied, “Yes, I left that company since I got hired as full time employee with the new one”
There is just 1 difference in mine and your case that I went for the interview with a “new” petition and you will be going with “amended” one.
Now in case the VO does question you about your previous petition query, they you have to be honest while replying. State very clearly as to what was the exact reason for you to file for the amended petition and do mention the fact that you are now a full time employee.
You could also talk to an attorney regarding this. In my experience the VO is looking for an honest answer and as long as you are confident and convincing, I don’t really see a problem with this.
Good Luck!
Darshan,
I am also working on EC model. In your case you have converted to full time with the client. In my case i have converted to full time with my employer not client(before i was working as salaried employee) and my employer filed the amended petition. My previous petition on which i received query was with the same employer.
Thanks,
Kiran
OK. As long as you give the VO the right answer and convince him , I don’t think there should be any problem. All that the VO cares is that you exactly know everything about your employer. Things like :-
1. Employer’s Name and Address.
2. When was the company established ?
3. How many employees work there ?
4. What does the company do ?
5. What is your role ?
The above were the questions that I got asked during my 2nd visa interview.
And of course the most important thing : Employer-Employee relationship
Now that you are a full-time employee and your petition was also amended, the above relationship should be satisfied.
By the way, was the consulate (where you will be interviewing) notified when your petition was amended ? In my case the Mumbai consulate was notified when the client filed for a new petition. You should probably check this with your attorney.
Lastly, I would also recommend going through the full I-129 petition and remember all the relevant details (things related to the questions I mentioned above)