221g is one of the most tricky situations that you can be in after US visa interview. The wait can be long and frustrating. Read What is 221g, Processing Times . Some of you might be curious to see how a denial letter would look like, if your 221g did not go through in favorable decision to you. Below is the sample for H1B visa refusal letter for an applicant by US consulate after 221g blue slip was given.

Check out 221(g) Case Tracker

Check out our 221(g) Tracker with anonymous data from everyone.

Sample US Visa Denial Letter from Consulate after 221(g) given for H1B  

H1B Visa 221(g) Denial -Refusal Sample US Consulate

 

   

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Comments ( 272 )

  1. Jaffer

    Hi Saurabh,

    Thx for all the nice work you do. I would like to get an info. My H1B petition has been approved and my PA has been scheduled for next week. Only today i received my petiton hardcopy and noticed that there is a typo in my name from that of the one in the passport and DS160 . Should this been an issue during the interview. I contacted my employer and they responded saying that we can say it was a typo (one letter mis spelt) when asked by the consulate officer . But this thing keeps running on my mind . Hope you could clarify my concern.

    Thanks in advance. Looking forward to your response at the earliest.

    Thanks,
    Jaffer

    1. administrator
      Saurabh

      Jafeer,
      If it is just 1 letter, then it should be fine. If asked you can tell the officer the same. However, in the long run it is better to have it corrected. There is also a possibility (lower chances) that they issue 221g asking you to get the petition corrected to the correct spelling.

      1. Jaffer

        Thx Saurabh.. If we need to have it corrected in the petition, do they go for a new petition (meaning the process from beginning) or just the corrected document. Any idea how long this process should take.

        Thx Again.

        1. administrator
          Saurabh

          Jaffer,
          They will have to file for H-1 amendment, which doesn’t require the whole process to be done all over again. It can take 2-4 months to process.

  2. SUNNY

    Hi,

    My case is a EC model. So if the VO asks me regarding the employee/client relation, can I tell that my supervisor sits in client place to whom I am reporting or should I tell that I am reporting to the client company employee who gave me the client invitation letter (his name is undersigned in the client invitation letter). Which is good to answer ?

    1. administrator
      Saurabh

      Sunny,
      As per employer-employee relationship memo, your employer should be controlling your activities/tasks and not the client. However, you should tell he truth as they can do background check to make sure this is true.

  3. Sankalp Gaggar

    Hi Saurabh,

    Hope you are doing well, I had discussed my situation earlier, and this is latest position:

    I came India on 15th Oct 2011 and appeared for my H1 visa stamping on 18th Oct, it went into Admin processing, and then some officer from DHS approached my employer on 12th Jan, 2012 for additional documents, all documents were submitted as per request but still embassy refused visa and returned my passport on 13th Feb, 2012, now thecase is in post decision activity with USCIS.

    I was working under E-V-C model, and it appears that is a big problem with Embassy these days, I have spent nearly 8 years in US so I wanted to settle things down there, and return for good, I applied for B1 on March 1st which VO officer even didn’t look at my papers and said it is not possible as I have strong ties( I was asked by ACS to apply B1 and get things settle down for I & family).

    Recently I got an offer in USA with one consuting company where in I need to work in executive team and report to VP directly, I will help company develop business and work as lead manager in developing practice, no client site, no project. I will be working at corporatte office and sometime will travel to clients for presentation, this was the exact kind of job I was looking where I can work at company instead of working at client site.

    This new company applied my H1 transfer based on my I-140 and previous H1-B under PP on March 31st and got approval today 6th April, 2012, now I will again have to appear for interview and already becoming nervous , because it has been now 6 months I & family are stuck here.

    I wanted to know what & how I need to prepare here, any inputs will be appreciable, I’m not sure what I will reply in case VO asks what I was doing from Oct 15th till today( my job is still going on at same client and working remote, I have all pay stubs till date), should I tell VO that I’m still working at same client, or say that I was in India looking for new job , working for some company in India, what should be my response what I was upto for last 6 months.

    Secondly my previous H1-B is still under pending with USCIS, and one more B1 got rejected, how I need to handle questions surrounding them, if they ask why I applied for B1, should I say honestly that ACS( my sons being US citizens) advised to apply for B1 to settle things down….please help me prepare for interview.

    When now my LCA, work location and everything is at coporate office, are there still any reasons VO can drill and issue 221(g), I need to prepare well to avoid any blunder that I can make because of my unawareness.

    Thanks and looking forward for all support.
    Sankalp

    1. administrator
      Saurabh

      Sankalp.
      IMO, you should tell them the truth that you were working for the same H-1 employer from India. I don’t think it will adversely impact your petition as it is not illegal to work for a client from India.

      Yes, you can tell that story about B-1. If you have letter from ACS, you can show the same. B-1 is a non-immigrant visa and that is why they rejected it (plus you have approved I-140). H-1 is a dual intent visa and so it should not be a concern.

      If you are going to work for a big employer, I see little reasons why they would issue 221g for this application. However, I don’t know how much it will be impacted by the previous 221g related to H-1 (I doubt there will be any impact, but who knows).

      Good luck!

  4. Lakshmi

    Hi Saurabh,
    Planning to file H1B petition this year but some of my friends presenting a scary picture of the rejections percentage. Currently on B1 visa and PGDBA marketing (10+2+3+2) with more than 6.5 years of IT consulting experience. Please let me know if i’m eligible for H1B visa? Chances of B1 to H1 transistion success ratio?
    They say it is pure luck and some say depends on VO mood. Could you please enlighten me on the reality check here.

    Thanks for posting an update

    Lakshmi.

    1. administrator
      Saurabh

      Lakshmi,
      Are you currently in US or out of US? If out of US, then there is nothing like B-1 to H-1 for you. That happens only when the person is already present in US on B-1, and is subject to close scrutiny. Chances of approval will depend upon employer credentials, your profile and offered positions relevance to H-1 laws. From the profile you have mentioned, you look to be eligible for H-1.

      1. Lakshmi

        Hi Saurabh,

        Thanks alot for your update. Currently I’m in US, you mentioned close scrutiny ? Would you please suggest go forward approach here. Thanks

        Lakshmi.

        1. administrator
          Saurabh

          Lakshmi,
          If you are filing B-1 to H-1 in US, they would like to ascertain what your intention was when you entered US. If they feel that you entered US on B-1 only to file COS to H-1 and then escape H-1 visa stamping, then they can deny the COS. It is recommended that one stays in US for at least 60-90 days before filing COS to H-1, but again that’s a guideline and USCIS can still question your intentions.

  5. syam

    I had my visa interview in chennai on 8th march 2012 and was issued 221(g) stating that the visa officer need time to go through the documents. However in 221(g) no extra docs have been requested.
    visa officer also returned my passport, I797, I-129 and LCA and has only retained DS160 and project report. I am very confused as online 221(g) does not show my case status and as visa officer only has my ds160 and company project report.

    Please advice whether i should send I797, I-129 and LCA along with my passports for further processing ????.

    1. administrator
      Saurabh

      Syam,
      If they have not asked for it, then you don’t need to submit them. If they need them, then they will contact you asking for those documents. At the moment, you cannot do much but wait.

  6. gowri

    Hello,

    I had written in this forum around 2 months back that my husband was given 221g. Yesterday he went for H4 interview in Chennai (I work as a direct full time employee in a tech firm) and his H4 was approved. He was told that he will be getting his passport back in a week..Finally this entire fiasco is over. Thank you so much to Saurabh for his advice and also the users who posted their experiences. It was very helpful. Following are the questions he was asked.

    1. Is your wife working in US?
    2. Where does she work and what are her responsibilities?
    3. When did you get married?
    4. I see you have worked in US…(open ended question… My husband answered “yes. Previously I was on H1B”.)
    5. Are you planning to go back and work? (He answeed NO.)

    We had not withdrawn his H1 application pending with 221g. When we asked the passport back he had got a letter that the application was sent back to USCIS for review. However he had a letter from his employer stating that his employment has been suspended till his visa issues are resolved and they are willing to answer any RFE that USCIS would send them regarding the petition. However the officer didn’t bother to check any documents…

    All the best for every one here..hopefully your problems get solved soon..

    Thanks
    gowri

    1. Satish

      Gowri,

      My wife is in a similar state. Can you please send me your contact details and I would like to discuss on what you had done.

      Satish

    2. Priya

      Hi Gowri,

      I am in exact same situation. Can you please let me know what are my chances are to get H4 stamped. What should I answer if VO ask me if I have any previous denial and what is the reason as I m still not aware of the reasons and my petition has been sent to USCIS for review.

  7. Kiran

    Hi Saurabh,

    I went to H1b interview in chennai on Feb 1st,2012. VO asked all questions and said ur visa is approved ,but need to go through Admin processing and handed me 221g pink slip. It is been 4 weeks now and no news from them. I have valid B1/B2 visa with me ,valid till 2016. My wife is in H1 in US and kid (US citizen) in US . Can i ask the consulate to return my passport while admin processing is in process ,citing the reason that i need to travel somewhere else. Once i get the passport can i go with that to US in visitor visa and then change to H1B directly or H4 first and then h1b?
    Can you please advice on this.

    1. administrator
      Saurabh

      Kiran,
      Pink slip is usually received when they want to do security check. It can take 3-8 weeks to process. If you do not want to wait for processing to be completed, you can request to withdraw it and then travel to US on B-1. However, this process will not be any faster. You should not file COS to H-1/4 immediately after entering US on B-1, and is recommended to wait for at least 30-60 days before filing the COS (reason being B-1 is non-immigrant visa and H-1/4 are dual intent). In addition, your status will not change to H-1/4 until COS is approved, which can take 2-3 months. So even though you will be able to join your family early, but you will not be on H-1/4 until 4-5 months from now. Chances are 221g will get resolved prior to that.

  8. ab

    Hi,

    I have a different query regarding patent.. I was not sure where I can post this query so posting here..

    I have an idea and want to patent it but my employer is saying that they will file it and they will own the patent rights.. they are giving ol few hundred dollars as a reward ..and I know that this patent can generate billions of dollars to the employer.. so my questions are..:
    1. Can I patent the idea from outside while working for the employer?
    2. can an employee negotiate on the compensation on the earnings from the patent?

    Thanks in advance.

    1. administrator
      Saurabh

      AB,
      Usually when one joins an employer they are made to sign contract that all inventions etc done while working for the employer will be owned by the employer. Did you sign any such document? It it better to contact an attorney to ask whether you can file a patent by yourself and if the employer will not come after you in future. If the employer allows and agrees then you can negotiate, else as per their policy they will pay you a lump sum amount and buy the patent rights.

  9. Sunny

    Hi,
    USCIS website shows that my petition reached on Nov 17 at California center.

    When can I expect an approval since it a regular processing. Will it take one more month or only few weeks ?

    Regards,
    Sunny

  10. Sankalp Gaggar

    Dear Saurabh & all folks on this forum,

    Recently I have seen many people getting stuck in this 221(g) mess and I’m sure for few client is allowing to work from India but for some if client lays off ,how they settle their belonings back in USA? what is exit route option for some one who wants to shift back for good, people get it done via friends/relative back in US? I’m really trying to find an answer to smoothly settle apartment/car and belongings which can be life time memories, and I’m not sure anyone back in US can settle your enitre home without you being personally there.

    Does US embassy allow entry for special reasons like above (on any special visa)?

    Thanks and looking forward for response.
    Sankalp

  11. Subba

    Hi Saurabh,

    Yesterday I attended H1B interview in Chennai and approved. If I share my exp it would help some body.

    USICS received My application on Sep 28.
    It was approved on Feb5.
    Interview was happened on Feb 21.

    I had to asked routine questions like
    Whre are you working?
    Who is your client and where?
    Highest qualifaction?
    Who is your Onsiter supervisor?

    After answering all questions finally Golden words are “Your visa is approved”

    This site really helped me lot.. and thanks for your great work..

    1. Raj

      Hi Subba,

      Did you schedule the new appoinment at VFS site or Consulate send you interview date. Appreciate if you can let me know ASAP.

      Regards
      Roop

  12. Varun Parakh

    Hi Saurabh,

    I got the 221g visa denial and that my case is referred to the USCIS office for review. Now today I got my original I-797 returned to me from the US Embassy and no other information as to why its returned or do I need to take action on it.
    Can you let me know what does this mean? have they taken some action on the case review (though the USCIS website still shows that Post Decision Activity is under review)?

    Thanks,
    Varun

    1. administrator
      Saurabh

      Varun Parakh,
      Here is an article that explains the process followed. It may take few weeks for USCIS to update the status and send the notification to the employer.

  13. Sankalp Gaggar

    Hi Saurabh,

    I’m asking few more questions to everyone on forum, Dear folks please share everyone experience so it can help I & everyone in same situation.

    1. If any one has reappeared with same H1-B petition which got refused after admin process( embassy handed over letter saying they are returning petition to USCIS and they no longer handling the case), anyone out there who got success, what happened? pls share experience.

    2. In my case even when they handed over letter saying they are returning petition to USCIS and they no longer handling the case, I still got my original I-797A back along with letter, shouldn’t they have returned original letter back to USCIS? any one with same situation?

    3. Many folks when they are stuck in this visa issue for months, and their lease is expring back in US, job lost, what they did? how home was settled back in US? how about bringing back important papers, any smooth way of handling settlement there? any input will be greatly appreciated

    Please reply.

    Thanks,
    Sankalp

  14. Swasri

    Hello Saurabh, I am currently on L1B- Blanket and completed 4 years 5 months on L1B- Blanket and now my company applying for extension upto Sep 2013. But I should stay only another 7 months to complete 5 years. Is this ok? I asked my company they said it’s Ok. Also I hear that many rejections happening on L1B these days. If any rejection happen to me, can I continue on B1 visa without leaving US.
    Thanks,
    Swasri

    1. administrator
      Saurabh

      Swasri,
      Blanket petition is not tied to one individual, so it is ok for USCIS to ask for extension until Sep 2013, and you would leave as soon as you hit the 5 year limit. Chances of approval vary from case to case, and most of the rejections are due to misuse of L-1 visa. This visa can be used only if one is using employer proprietary tools/applications/technology/skills and are not known outside the employer. If you want to stay on B-1, then COS to B-1 needs to be filed which may or may not get approved based upon your reason. Why do you want to continue to stay on B-1?

      1. Swasri

        Hello Saurabh, thanks for your reply.
        My current project running in full swing 🙂 and I need to be here until Aug. My Manager saying that If my L1 rejection happens, they will process B1 to stay here. Not sure if I can stay for that reason.

  15. Kishore P

    Hi,

    I am currently in US, I got my first H1B stamping done in 2010. It was approved without any queries, also i got my F1 approved before H1 without any queries. Now i have to travel to india in April and my H1b stamping is exprirng in Mar 10 .

    Since i got my previous F1, H1B stamoing done without any qieries , would it be easier on H1B stamping process now or it doesnt matter, please advise.

    1. administrator
      Saurabh

      Kishore P,
      Success of previous H-1 stamp doesn’t guarantee a smooth sailing, but it does improve one’s chance. Are you working for the same employer for which you got previous H-1 visa stamped? Are you working for a consulting company in EC or EVC model?

  16. Pawan Sharma

    Hi Saurabh,

    I appreciate if you can help on my case. I came to India for personal work and went for H1B stamping for A employer in Nov 2010 at ND consulate, there I got green slip but they kept my passport and I started working from India for same client, I was having EVC model, I had submitted all documents on time but after 6 month my client was putting pressure to come back early. So on friend’s request I had changed my model to EC and joined new B employer who is direct vendor to my client and who was middle vendor earlier. So I requested to consulate to cancel my old h1b stamp application for A company because i am no longer working with that. And I got my passport back, I went for stamping again for B employer but this time I took wife for H4 also there I got green slip again for which I have submitted all document but I got refusal letters and they have sent back my papers to USCIS for both A and B employers. Now also I am working for my client with B employer.
    Question: –
    1. What steps I should take to get this issue resolve.
    2. Can B company do something to get resolve this visa issue or Do I need to go for new H1B or Do I need to transfer H1b again?
    3. I need to start GC process also can I start it with B company from india.

    Best Regards
    Ammi

    1. administrator
      Saurabh

      1. Here is an article that explains the process after the visa stamp is rejected.
      2. They need to wait for USCIS to contact them. Until then they cannot do much
      3. Yes, they can. It is not necessary for you to be working for them in US at the time of filing. However, lot of companies prefer that you work for them in US for at least 6 months before the filing so that they can show that they are filing the GC based on your performance.

      Do you know the reasons for rejections?

      1. Pawan Sharma

        Hi Saurabh,

        Sorry it was refused under section 221g, it it not rejected.

        As they mentioned the reason “My Petitioner does not appear to be either able or willing to provide qualifying employment in United States in accordance with appropriate laws and regulations.
        The action on my case has been suspended and the I-129 petition for a non immigrant worker will be returned to USCIS with explaining the facts of my case. The New Delhi embassy no longer handling my case. For my information it is refused under 221G”

        1. What is the difference between Refused or rejecting H1B. Do yo think anyother other than mentioned above we can do to resolve this.
        2. I am currently working with the same client. Can i go with another new H1b and make again EVC model by keeping same client.

        thanks
        Pawan

        1. administrator
          Saurabh

          1. They are the same thing, and are often used interchangeably.
          2. Another H-1 petition can be filed, but if it’s still in EVC model and the rejection reasons are not corrected, then there is a strong possibility that it will also get rejected. Try to move to direct employment or at least EC model.

    2. Sankalp Gaggar

      Hi Saurabh,

      I get my H1-B visa refused, same admin processing and then petiton being returned to USCIS thing, I wanted your suggestion what are the chances if I reappear for interview with same petition and also since I was in US for last 8 years, I have both kids US citizen and younger one is 10 months now, when we came he was 6 months and this admin processing, what a night mare, he i snow 10 months old and many of his vaccinations are due, we didn’t bring his yellow chart with us and here doctors are not comfortable giving him shots without knowing what my son has already got, I went to US citizen help at embassy and then they ask me to go to some hospital in delhi, but no one wants to give shots unless seeing past records, they are in my home back in US, I’m planning to again go US citizen department at embassy and tell them this situation, so far my client is allowing me to work from remote and so my client and work is going uninterrputed, the only reason I want to go to get yellow paper and then get his doeses and come back, I’m thinking what to do, should reappear for H1-B with same petition or I can easily get new emploeyr to file my petition but that is another 2-3 months wait…I’m also thinking to apply travle visa for wife so she can go and get my kis shots done and come back….will embassy allow her? please tell me what you think? this process has caused immense pain to entire family and I’m sure whoever get stuck, it is night mare for all…very bad of them

      Thanks in advance for help…
      Sankalp

      1. administrator
        Saurabh

        Sankalp Gaggar,
        If you go through same employer/petition, then there is little chance of it getting approved. Your wife can try to go for B-1/2 visa and once approved travel to US to get the required documents etc. As part of B-1/2 visa stamping, she can submit the above reason. You can also contact your Senator to help in expediting the proces. It’s not necessary that it will help in speeding, but it’s worth trying.

        1. Sankalp Gaggar

          Thanks Saurabh,

          I’m thinking below action plan:

          First repappear with same petition and try luck, obviously I will try to get kids medical reason letter from american citizen services and show this to VO during interview.

          If still rejected then again apply for B1/B2 travel visa , so we can travel for bringing back necessary documents, and then wait again here for these ass holes to finish this process

          I just checked on USCIS site, my case is updated to post decision activity now, how much time from here it takes from them to contact my employer and then instruct embassy to issue visa? any idea?

          I’m already trying contacting other employers in US for new petition filing, so I can have that ready to reappear for interview.

          do you agree with action plan? any suggestions?

          Thanks so much for your help.
          Sankalp

          1. Sankalp Gaggar

            Hi Saurabh,

            I’m trying hard to come out of this mess like everyone else here, 4 months wait specially with 2 small kid out of home is so painful..anyways what I was thinking

            I & wife reappear for visa interview, just for visitor visa (B1/B2)
            Tell officer younger son medical reason for travel and also close down our home back in USA.

            I can always tell becuase of your 4 months long admin process, my job has gone, my petition is no more validad anyways, my employer has fired, so no more question of re-appearing for H1, USCIS is anyway going to reject my H1( incase they think we are trying to enter in US using travel visa if both of us appear together) but My stand will be job gone, H1 gone, it is time to take care of family, wrap things in US and return…what you think? it is better than reappearing under same petition and get rejected again..visitor visa route appears more promising and can work?

            Your thought?

          2. administrator
            Saurabh

            Sankalp Gaggar,
            In my opinion, re-appearing for H-1 interview has a strong possibility of another 221g especially if it’s w/ the same employer and same employment structure. What were the reasons for denial for 1st stamping?

            If you can get that letter from American citizen services along w/ a letter from an Indian hospital that they cannot vaccinate unless they know the past medical history, then it will help your case for B-1/2 visa. In addition you can cite the reason for wrapping things up in US etc.

            B-1/2 is a non-immigrant visa and as you had H-1 in the past, there is a possibility that the officer will see you as a potential immigrant. So you need to be very clear w/ them about the duration of the trip, and the purpose and intent to return back to home country after getting those things done.

            Meanwhile you can continue your search for a more direct employment that has better chance of making through the stamping process.

          3. Sankalp Gaggar

            Hi Saurabh,

            Thanks for your reply, I work in EVC model and it appears they are not issuing visa if you happpen to work in EVC model.

            I had client letter/vendor letter/ everything, I had all employer documents like his tax returns/all his employees payroll processing paper, which they hardly asked and looked at.Interestingly one DHS officer called my empoyer 5 weeks back for more papers which my employer submitted, but still they refused visa

            Yes I will try to get ACS letters and hospital letter for vaccination thing, and will be very clear with my plan, duration of stay in US etc and also will stick to this that I have lost employment there so how can I stay in that country with 2 kids, not possible to bear expenses, also I will have employment letter from some Indian company stating I will start work here to further strong my case.

            Let me try luck, and hope God will help, if I’m somehow able to get B1/B2 visa, and then I can try to get my H1 transfer in US itself and could legally stay there, correct? I know getting travel visa wouldn’t be easy(even one of us get B1 then we can at least settle things back there and resume our normal life in India, that is the most important thing now) and this plans looks better than reappearing for H1-B,you approve my plan of action?
            Let me know your thought….

            Thanks,
            Sankalp

          4. administrator
            Saurabh

            Sankalp Gaggar,
            Yes, the best course of action right now is to get the visitor visa so that you can get the required documents etc from US. If you apply for B-1 to H-1 COS, then it will also be subject to scrutiny.

          5. Sankalp Gaggar

            Hi Saurabh,

            I appeared for B1 interview, even after having letter from ACS(american citizen services) and all medical letters, VO refused B1 and said we can’t go back as we have strong ties( my both sons US citizens), ridiculous….He asked to co-ordinate with friends to get apartments settled down, ACS told that it is your personal property and USCIS/ACS/Embassy doesn’t care how we settle and close down apartment.

            Now I have only 2 options left:

            Wait for original petition to get reaffirmed from USCIS and then embassy calls us to get visa stamped, currently USCIS site shows petiton under review, how much time from here on will it take them to conclude the case, around 2-3 months from here on???

            Look for some other employer and get new petition approved and appear for interview, I’m not able to find new employer and filing from same employer doesn’t present good chance, correct?

            very tough situation…

            Regards,
            Sankalp

          6. administrator
            Saurabh

            Sankalp Gaggar,
            That is very unfortunate.

            Yes, those are the two options.
            1. There was a recent case where petition was re-affirmed within 25 days, but I don’t know if that’s the standard response time.
            2. Finding a new employer is a better option, as petition through same employer may meet similar fate.

          7. Sankalp Gaggar

            Hi Saurabh,

            Thanks for your update, how much time generally does it take after USCIS gets case for review? I’m exploring new employer for H1 transfer….

            I had appeared for my interview on 18th oct 2011, and around 12th Jan, 2012, some one from DHS had reached out to my employer asking for more documents which were submitted immediately, and then on 13Feb, I got letter saying my case has been returned to USCIS, and USCIS site showed they received petition for review on Feb 17th, 2012.

            What I wanted to ask if any one employer ever contacted by DHS for papers ? also how long from now on USCIS take for reaffirmation? if DOS sending to NVC center steps are already completed when USCIS site shows under review?

            Thanks,
            Sankalp

          8. administrator
            Saurabh

            Sankalp Gaggar,
            There is no set timeframe and it can take few weeks to 2-3 months for them to complete the processing.

  17. Harika

    Hi,
    Me and my husband both had visa interview on jan 18th. I gotmy h1 stamped and my husband got 221 g white slip. On jan 30 th he got an email that the case is refused in hyd and sent back to uscis. He already gave his h1 b approval at the consulate.( EVC model, h1 ext on I 140).

    The problem is I am not sure how long it takes for the uscis to review. I am in my 6th month pregnancy and we are thinking what is the best option for him to come to US ASAP.

    Option 1: withdraw this process and apply new h1 b ? So to apply to h1 do we have to withdraw this or can we apply without withdrawing?

    Option 2: apply H 4 visa and after going to US apply H1 B? So to apply H4 do we have to withdraw this process?

    Option 3: wait for this update.I will go to USA and wait for my husband? But to sure how long will it take

    I am worried if my hubby will be with me during the delivery or not….most worried .pls suggest.

    Can he to H1 transfer?
    Can he apply new H1, does this effect his i140?
    Can he apply h4 , does this effect his I 140

    To do anything above this do we have to withdraw the current process?he is on his h1 since 7 yrs without break.

    1. administrator
      Saurabh

      Here is an article where I have explained the process and available options.

      If the priority is to join you and be w/ you during the delivery, then moving to H-4 is the fastest one. Once he is in US on H-4, he can file for H-1 COS back to same employer or a different employer. Filing for H-1 transfer from India might take time as he will have to search for a new employer, get LCA certified, I-129 processing and visa stamped.

      This 221g will not impact his GC. His 140 is already approved, and I don’t think it will impact his 485 filing. Even moving to H-4 will not impact 140 as GC is filed for a future job and not the current job.

      He should also talk to his attorney about this.

      1. Harika

        Thx for the reply. I spoke to two attorneys , they suggested h4 is the best option.
        Do you have any idea how many pay stubs does he need?
        Also I am scared, what kind of question the interviewer might ask in regards to his 221g refusal.

        Can you tell me how to handle this case.

        1. administrator
          Saurabh

          Can you provide more information whether you both were working in US on H-1 prior to this stamping or have you never been to US on H-1? If you have been to US, then how long have you guys been in US?

          1. Harika

            My Husband is on H1b and this is his 7th year. I got H1 last oct,2011. I just have only two pay check in dec month. We both came here for stamping in jan(My Husbands ext stamping) (This is my first H1b , I was on OPT before)(I dont have pay checks from dec to till date) But just have a letter stating that I am on vacation from the company.

            I am planning to travel to USA now ,and work until march so that I will get 3 pay checks(bi-weekly) and my husband will book H4 slot during march end. I was in USA since 2006 and My husband was in USA since 2005 .
            Can you please give some inputs.

            Thanks

          2. administrator
            Saurabh

            Yes, he can go for H-4 visa stamping and then travel to US. I think his H-4 will get approved as your H-1 just got stamped, and so there shouldn’t be any issues w/ that (but you never know). Having paychecks will also help his H-4 stamping.

  18. Vasudhevan

    Hi thr,
    My H1B petition was filed on Jul20th and the status of my petition in USCIS websit is Initial Review. It has been more than 6months gone after the petition is filed with USCIS.
    Have u heared any such instances and please let me know if you know any reasons?

    Thanks,
    Vasu.

    1. administrator
      Saurabh

      Was it filed at VSC or CSC? The former is processing petitions from Aug-Sep, while the latter is processing petitions from Sep-Oct.

      Ask your employer to call USCIS and follow-up.

      1. Vasudhevan

        It was filed with VSC. If we look at the time frame for the service center they are processing Aug-Sep as u said.i requested my employer to follow up on the same. It is in progress.

  19. Durga Prasad

    Hello

    I went to my H1B Visa on January 23,2012. Everything went fine…All the questions were answered perfectly and she was convinced and also she said everything looks perfect and finally she said congrats and have a nice trip to USA but she gave me pink slip and said we have to do few verifications. The way she spoke is a good sign or this is common to everycase for pink slip.
    They also have my passport..

    1. administrator
      Saurabh

      Pink slip is usually issued when they want to do security/background check. It usually takes 2-8 weeks to process depending upon the work load and how soon they can get the clearances.

      This check is triggered when a person works in an occupation/industry that’s on TAL (technology alert list). For example – pharma, biotech, manufacturing etc. Did you go to Delhi for stamping? What industry are you working in?

        1. Durga Prasad

          Today One of my friend went to Visa Interview at chennai…
          He is working for a hospital as a clinical reseach associate..
          He got the pink slip too….
          It sucks….

        2. administrator
          Saurabh

          Environmental lab and clinical research would be there on the TAL.

          Eventually these get approved, it’s just a matter of time.

  20. shekhar

    Hello Saurabh,

    I am a bit worried & I would very much require your opinion.

    In 2008 i came across a consultant through a collegue for whom H1-B petition was approved. The consultant was a regular software company & since my collegue reffered me to them they agreed to file a petition for me. But in 2008 lottery system was in place. So they filed a petition on my behalf (I submitted all the documents to them) after couple of weeks they told me that my petition wasn’t selected in the lottery system. So basically that was that.

    But for FY 2012 my current employer has filed a petition, a fresh/new petition.

    Now i am worried regarding the fact that since a petition was filed for me 3 years ago so in essence this cannot be called a fresh/new petition. I didn’t think of this before else i would have communicated the same to my employer.

    I am worried that my petition shouldn’t get rejected as this was filed as new petition.

    The second thing is i am not 100% sure that consultant filed a petition for me. I submitted documents and he said he has filed. Though i believe he filed but i am not 100%.

    What if he didn’t file at all so i am in a fix whether i should communicate the same to my current employer or not. Please advise.

    1. administrator
      Saurabh

      You are fine, and there is nothing to be worried about. Your petition didn’t make through the lottery last time, and so it will not impact your current processing. Even if the old employer lied to you and didn’t file any petition for you, still it doesn’t change anything. You are all set.

      1. shekhar

        Hello Saurabh,

        Thanks a lot for your reply. It does put me at ease but i am still worried because of the following :-

        1.) So even if a petition is filed on my behalf which didn’t make it through lottery in a different FY, it doesn’t effect my current petition(from a different employer) filed in current FY? Mainly because the current employer didn’t knew that a petition was filed for me some time back.(I am wondering if in the petition/I-129 form they ask whether any petition has been filed for the beneficiary before? as if that question they ask then my current employer would definitely have said NO. So that would become incorrect)

        2.) Also i was conducting some research about that consultant and have found out in some forums that the consultant has been blacklisted by DOL.My petition for FY-2009 didn’t make it through lottery. But since it was filed so USCIS would have all my record. What if they find that my petition earlier was filed by that blacklisted consultant and if this could have adverse effects on my current processing?

        3.) Since my petition didn’t make it through lottery i didn’t kept any track of that consultant. If my current petition gets approved and i go for interview and the officer at consulate asks me whether any previous petition has been filed for you.
        What can i say as though i believe he did but i am not 100% sure. If i say YES and he quizzes me about that previous consultant (company details etc.) i have no knowledge about him now. If i say NO but suppose if he did & USCIS has all the records so i would be furnishing incorrect information to officer?

        Please advise.

        Thanks a Lot
        Shekhar

        1. administrator
          Saurabh

          Your previous petition didn’t make through the lottery. So it is as good as it has never been filed. USCIS will have no information on that petition, as receipt numbers are generated only for petitions that make through the lottery/quota.
          1. It is ok
          2. It is ok as you didn’t make through the quota
          3. I doubt he will ask as you didn’t make through the quota

          You are thinking too much about a petition that didn’t even make through the quota. You are fine.

  21. Varinder Arora

    Hi Saurabh ,

    I hope you can help me on this issue . I went to Mexico for H1B Visa stamping on Nov 1st and got 221g and while waiting for 221g admin process I travelled to India from Mexico and returned back to Mexico on Dec 26th and get my Visa stamping . so I entered back to US on valid Visa on 28th of December .but at the port of entry I was not asked to fill any I94 form and Visa officer let me enter to US with old I797 which has attached I94 (Expired on August 2013) . My concern is all of friends and known people get new I94 that reflects the date of entry . Do you think that could cause problem in future ? Please advise ?

    Thanks
    Varinder

    1. administrator
      Saurabh

      Did you submit your I-94 while leaving for Mexico?

      AFAIK, no new I-94 is issued if a person returns on the same status within 30 days of travel to CA or MX. But you returned after 30 days, so should have been issued a new I-94 (especially if you dropped an I-94 while leaving US).

      1. Aurora

        Hi Saurabh ,

        I didn’t surrender the old I94 while leaving the US because I cross the border in car so there is no place to surrender the I94 . I still have old I94 that came with I797 ?

        thanks
        Varinder

        1. administrator
          Saurabh

          Well if you didn’t submit old I-94 (either the one in your 797, or attached to the passport which you might have received when you first entered at PoE), then that’s why no new I-94 was issued.

          I think you should be ok, but you can check w/ your attorney as well.

  22. Rajiv

    Does anyone have experience how much time USCIS takes when a petition is returned for their review from DOS ( consulate)?
    While I was in US and got H-1B transferred/extension based on I-140 for 3 years through premium process to new employer. I joined the new employer in Sep 2011 and came to India to visit family as well as visa stamping. During interview I was asked a few questions on Employee-Employer relationsip and finally VO handed over yellow handout “Admin Process” and mentioned that employee-employer relationship needs to be reviewed by the USCIS.
    USCIS received petition from DOS on 4th Jan 2012 and wondering how much time USCIS will take to make a decistion as original petition was filed on premium process. Will PP be considered for re- review and make decision?

    Can same employer ( current) file a new petition again on PP in case decision of first case going to takes months and I can go again for visa stamping to another consulate with new petition filed/approved files by same employer.

    Let me know thoughts if anyone have similar experience in past

    Thanks

    1. administrator
      Saurabh

      I think they take 2-3 months for the review, but I haven’t kept a tab on processing times off late. It will not be considered as PP even if the original petition was filed w/ PP.

      Yes, the employer can file another petition for you while this one is pending.

  23. Query

    Hi Saurabh,
    I got my H1 Petition approved, need to get Visa stamped(am currenty in India). In my I797 B (Notice Of Action) its mentioned CONSULATE: MUMBAI. I work for a MNC which as centers in Pune, Gurgaon,etc. I am based in Pune office(hence I think I797 came with Consulate:MUMBAI), all my Payslips also has Pune address.
    My question is : Can I attend the Visa interview from DELHI instead of MUMBAI or should we attend only in Consulate as mentioned in I797B?? Any risks involved if I take appointment in Delhi?? THANKS !!

  24. gowri

    Hello Sourabh,

    I am currently in US with valid H1B till August 2012. In october 2011, me and my fiance traveled to India. My fiance has to get his H1B 3 year extention stamped. This 3 yr extention petition was his 7th, 8th and 9th year extention. He has his I140 approved. He was given 221g form during the interview. The documents asked were mainly contract documents between his employer, vendor and client. He works in E-V-V-C model. He submitted all documents except one which asked for the vendors name to be mentioned in the letter to USCIS. His employer couldn’t get that document. Moreover we didn’t even understand what that means. We submitted the documents including the passport on October 19th 2011. It has been 2.5 months now and no news whatsoever.

    It was excrutiating pain for us because we got married in such an uncertainity and I had to come back to US alone 🙁 . Not to mention his client couldn’t wait indefinitely for his return and he lost his job. It is becoming very difficult to be patient and wait for something to happen. Initially we were considering that if his visa gets rejected, then he would travel to US on H4 visa and reapply for H1B. He wants to apply for H1B with the same employer because his PD is January 2010 and at the rate the dates are moving, it will be too late to finish up PERM and I140 before his PD becomes current. Is this a possible solution? Will his new H1 petition (after the refusal of current petition) visa be subject to cap?

    Now that it is getting so delayed, we are thinking of getting his passport back (leaving the application as is) and go for H4 stamping? We want to just wait till Jan 20th (will be three months after submitting the documents) and if nothing happens by then, he wants to come here on H4 and then apply for a new H1. Is it ok to apply for a new H1 under the same employer (when the previous petition is still pending) as soon as he comes back to US?

    Can you please suggest if there is any other better way to get out of this mess?

    Thanks in advance…

    -gowri

    1. administrator
      Saurabh

      I have read few instances where getting local US senator involved has helped in speeding up the process. Email your local senator and let him/her know about the delay and the problem it is causing, and ask him if they can help in speeding up the process. In some instances, they contact the consulate and it helps in speedy resolution.

      Good luck!

    2. Rajiv

      Sounds like your real question was ignored to answer. I am also searching the possibilities that if a person has been refused visa under 221g and admin processing time going to takes months and it the mean time ” Can same employer file another petiotion ( re-file) on preminum process ? Assume new petition is approved and one can go again visa stamping with new petition while prior petition is still under admin process. I spent 3 hours in seaching and couldnt the correct reply. Though some says new emplyer but not the same employer

      1. administrator
        Saurabh

        IMO, even the same employer can do it. However, lot of times 221g is attached to the employer and their work model (employer-employee relationship etc). Unless the same employer corrects them when re-filing for H-1, it will not improve one’s situation. Filing through a new employer gives one an opportunity to find better and more reliable employers and get out of this mess.

  25. Visathinker

    Subject: Correct News or Rumor: Is H1B appointment long time?

    Decription:
    Dear Saurabh!

    I am in India with I-140 approved. My project’s PMO told me that nowadays it’s very difficult to get H1 Visa. It’ taking 1 year to 2 years of time to get H1 appointment for interview at consulate. I am very discouraged on this news because I too want to refile for H1 on my approved I140. I am not sure whether this is a real news or just a rumor? Could members of this community through some light on this?

    Have a nice day!

    Regards
    Visathinker

    1. administrator
      Saurabh

      There is no 1-2 year backlog for scheduling visa appointments. Last I checked, they were showing dates from Jan 2012. However, if you get into 221g mess when going for stamping, then it can take few weeks to several months to get resolved.

      1. Visathinker

        Thanks Saurabh for enlightening me.

        Could you please let me know what is this 221g mess which you are talking about. It may be a dumb question but I am ignorant of it.

        Regards
        Visathinker

        1. administrator
          Saurabh

          When the consulate needs additional documents/information from you/employer or wants to do additional checks (name check, background check etc), then they issue 221g asking you to submit the required documents. Once the documents are submitted they would review them and approve/reject the visa stamp.

  26. Visathinker

    SUBJECT: How to Refile H1 after H1 Denied, I-140 Approved?

    Description:
    Hi all Experienced folks!

    Please let me have privilege to get answers of some of my questions in this excellent forum. Hope answers will also be beneficial to other folks.

    My H1 extension was denied last month and I have returned to my home country few days back. I am working at offshore team of same employer. My employer is not giving me clearcut response to refile H visa and send me back to Us. So I am willing to change my job and go to US ASAP.

    I have following questions in this reagrd.

    1) Since my I-140 is approved can I directly get a job in US through a consulting company or by joining at Client side as Full Time Employee and they can refile my H1 based on Approved I-140?
    2) I heard from my friend that I should refile H within 6 month else I won’t be able to refile H even though my I-140 is approved! Is this correct information or is there any such limit that I should refile my H ASAp?
    3) What should be the best way to publish my resume to get jobs in US?

    *Following is my data*
    H1 issued on 9/30/2005
    H1/I-94 Expired on 9/30/2011
    H1 Visa Denied on 11/23/2011
    Denial Reason: Absence of Client letter
    Left US on 12/15/2011

    I was out of India on following days.
    Oct-2005 to Dec-2005
    Feb-2006 to Jun-2006

    I-140 Approved on 4/23/2011

    So I have been in US for 5 years and 7 months.

    Kindly advise.

    Warm Regards
    Visathinker

    1. administrator
      Saurabh

      1. Yes
      2. I don’t know any such rule.
      3. You can publish your resume on job sites like dice, monster etc; or apply directly from companies’ websites; or ask for your friends/family to submit the resume internally (referral).

      1. Visathinker

        Hi Saurabh,

        Good Evening. I want to clarify more about my question#1.

        Since I am in India, so can I refile H1 based on Approved I-140 from India itself with same employer?

        Warm Regards
        Visathinker

  27. Ramesh

    Hi Saurabh,
    I have a doubt regarding the I 485 application.
    If the PD becomes current, and if the dates retrogress before i apply, Can i still apply or wait till it becomes again current?
    Hope u understood my question.
    Thanks
    Ramesh

  28. Santosh

    Hi,

    I came from US in january 2011 and went for H1 B stamping on February 1st, and VC gave 221(g) yellow form, submitted all the documents with client letter on February 10th , client verification is done on 22nd February , its EVC model.

    I have approved 140, but my I797 got expired on Sep 1st 2011, still i see the status as undergoing processing.

    Is there any possibility of getting approved, if approved how the petition will be extended?

    What are the other possibilities of going to US?
    After going to US with new employer , can you shift to the old employer so that i can use my approved I140?

    Please can any one advice me how i can go to US again?

    Thanks,
    Santosh

    1. administrator
      Saurabh

      Chances of approval will depend upon how satisfied the officer is w/ the submitted documents. There is no set time frame for this. If you want, you can contact the US senator of your area and approach him for help. At times they forward the query to the consulate and they then speed up the process.

      A new employer can file H-1 petition for you (cap exempt) and you can go for stamping once that petition has been approved. Once you are in US, you can start working for old employer if you already have an unexpired petition from them; else they will have to file a new cap-exempt petition for you.

  29. Aurora

    Hi Saurabh ,

    You looks like very knowledgeable person in terms of 221g and Visa problems . I work at client side through 2 middle vendors in between (EVVC) .I went for Visa stamping in Mexico and got 221g from visa office . he took all my information about clients i have worked for . they also verified with my employer and client . Its been 45 days i am waiting on some response from mexico consulate but no update yet.

    I recently got new H1 cab exempt h1b and it got approved .

    Question :- 1) Do I need to withdraw my old petition that is currently pending in mexico consulate ?if yes how can i withdraw my old case

    2) Does withdrawing my old application will impact H1 stamping with new employer ?

    3) New employer is a direct vendor for client and it is very big company ? Do you recommend to wait for results of old 221g or I should withdraw my old case and go for new stamping with new employer .

    Thanks
    Varin

    1. administrator
      Saurabh

      1. I don’t know the exact process. You should check w/ an attorney whether you can leave that process to continue, or if you need to withdraw it before filing for new interview request.
      2. No, it wouldn’t as it is w/ a different employer
      3. It’s better to go w/ new stamping. However still being an EVC model, you should take care of all the documents.

      Sorry, if I couldn’t be of much help.

      1. Aurora

        Thanks Saurabh for your valuable input . Do you recommend any god lawyer I took consultation from my lawyer’s but could not get much help.

        Thanks

  30. PKumar

    Hi,
    In 2007, I got approved petition, part of 2007 lottery, from one small consulting company but my H1B was later rejected by Chennai consulate after issuing 221g. Later I got to know that the company is blacklist. That petition was valid from 1/10/2007 to 21/9/2010. I would like to know if new H1B from new employer can be filled with cap-exemption, as I have 2007 approved petition. Or else do I need to wait for 2012 quota?
    Thanks,
    Kumar

    1. administrator
      Saurabh

      Most likely when your visa was rejected, the consulate would have sent the petition back to USCIS for revocation. If USCIS has revoked the petition (i.e. agreed to consulate’s findings and denied it), then you cannot use it to file another cap-exempt petition.

      1. PKumar

        Hi Saurabh,
        You are correct it was send back to USCIS. I just check my receipt number status on USCIS website and found below status, what does this mean? can cap-exempt be used for new filing?.
        Thanks,
        Prasanna Kumar

        Your Current Case Status for Form I129, PETITION FOR A NONIMMIGRANT WORKER

        Post Decision Activity
        On August 13, 2008, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. 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.

        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.

        1. administrator
          Saurabh

          If USCIS eventually made the call that it needs to be denied, then you cannot use it for cap-exempt purposes. If it has not been denied yet, then you can still use it for cap-exempt purposes. You can contact your H-1 employer to find out if they know what’s the latest update on your petition.

      2. Km1980

        Hi
        I have the same situation.
        I had an approved H1B petition from Employer-A in 2008 valid for 2008-2011
        But when I went for stamping to the embassy, they refused the visa and issued 221g asking for Employer details.The employer gave me all the docs mentioned in the 221g blue form.I submitted them in the US embassy but still the consulate sent the petition back to USCIS for revocation.
        Later during 2009 the USCIS send a letter to my employer the intend to revoke the petition [advised by the US embassy]
        This is the content of that mail
        “Dear Sir/Madam: On May xx, 2009. you were notified of the United States Citizenship and Immigration Services’ intent to revoke the petition you filed for the beneficiary on April 1, 2008. You were granted an opportunity to submit any evidence you thought would overcome the grounds of revocation. The record does not include a response to that request for evidence. Therefore, the grounds of revocation have not been overcome. Matter of Estime, Interim Decision 3029 (BlA 1987). The approval of your petition is revoked.”
        My Employer-A didn’t sent any evidence since he lost the client due to the delay and when I check the status in the USCIS website using my petition no., it shows”Initial review”.

        Now Employer-B has a position for me but he missed the 2012 cap.
        Can I use the approved H1B petition of 2008 (which is later revoked by USCIS) to get exempt from cap.
        I have the receipt no. and copy of the same.

        Please advise.This is urgent.
        Regards

  31. Subba

    Hi Saurabh,

    Curretnly I am working in Level 5 compnay and I have submitted docs for H1 processing in sept 28 and I got request id also. If I check the status it says “Initial Review”. But here I have one doubt. I am graduated with BA(Economics) and MCA post graduated. I have 4.5 years exp in S/W. Am i eligible to get H1 or having non computers degree is will be cause for rejecting by any chance?

    Thanks,
    Subba

    1. administrator
      Saurabh

      USCIS may ask how you qualify for the offered job. You and your employer will then have to show the same (through experience, trainings etc). I will not say it will be outright rejection, but there are chances of RFE. Final result will depend upon your response to the query.

  32. Raj

    Hi
    I have the standard 221G refusal case like most folks, 140 approved, evc model, i am trying to find out if its worth waiting for uscis to make a decision, my employer is willing to fight for it, client is supporting as well. what are the approval chances if any?

    1. administrator
      Saurabh

      Unfortunately there is no set timelimit for 221g processing. You can also write to your US senator (I have heard that it helps in speeding up the process).

      1. Raj

        Thanks Saurabh, What are the chances it will get approved for the same company it has been denied for originally? Is it worth a fight, or am I better of approaching a new company and transfering my h1b?

        1. administrator
          Saurabh

          Chances would depend if the employer can take care of the concerns that were raised w/ original petition. If the employer is not able to take care of them, then there is no point applying through same employer again. Another employer can file cap-exempt petition for you, and once approved you can go for H-1 stamping again.

          1. Raj

            Thanks again Saurabh. My employer is willing to fight and has assured me that they will meet the concerns raised. Looking at how fast the PDs are progressing, it looks like my date may become current while I am in India. How long does it take to change AOS to CP? I know it requires I-824 to have the file sent to NVC.

          2. Raj

            Fyi guys, my petition is still under review by USCIS with no movement at all, so it’s been almost 3 months.

            Saurabh, now I am trying to apply for a transfer (based on the petition under review) to the preferred vendor of my client. What do you think are my chances of getting a visa? Its a EC model now, vs the EVC model in the past that got me a rejection. Luckily my client has been supportive. Provided all goes well and I schedule another interview, do I let the VO know that I have been working all this time? I have been billing the client from India so far..Thanks..

          3. administrator
            Saurabh

            Chances of approval are better in EC model as compared to EVC model. It also depends upon specific case.

            Yes, you can let VO know about your continuity of employment.

          4. Raj

            Hi Raj

            I was asked the following questions at my interview (EVC). I am trying to get another interview scheduled (EC) model, and wanted to make sure not to repeat my mistakes. Please let me know if you think a question could have been answered differently:

            Q: Who do you work for?
            A: Provided employer’s name
            Q: What does this company do?
            A: Since its a consulting firm, I said they provide IT and management consulting services.
            Q: Do you have a client?
            A: Yes, Named the client.
            Q: Is this client directly involved with your employer?
            A: No, there is a primary vendor in between
            Q: What is the primary vendor’s name?
            A: Provided the name of the primary vendor.
            Q. Who do you report to?
            A: Provided my employer’s name.
            Q. Who do you report to at the client’s site?
            A: Gave my supervisor’s name.
            Q: Who approved your vacation?
            A: My employer and my supervisor at the client.
            Q: Does your boss sit at the client’s site?
            A: No
            Q: Who directs your day to day activities?
            A: My boss(employer)
            Q: How often do you talk to him?
            A: Once a week (this is where I messed up..should I have said every day or as and when needed?)
            Q: What do you guys talk about?
            A: About the progress of the project, daily deliverables and stuff like that.
            Q: If you talk to him once a week, how does he manage your daily deliverables?
            A: We talk about the weekly deliverables, its like a status call.
            Q: Do you have any hardware/software provided by your employer?
            A: No (perhaps I should have said yes?). I did add the fact that I had the ability to work remotely which is where I use my employer’s laptop.

            He asked my for the petition, LCA and the basic stuff which I had handed over to him in the beginning. He said he needed some time to review my application. I asked him if he required any additional documentation. He asked me what I had in my hand. I handed him over the client letter.

            The end result was a 221(G) denial notice.

            I would appreciate any feedback for my next interview.

            Thanks again Saurabh.

          5. administrator
            Saurabh

            From your post, I see following issues:
            – It is expected someone from the employer will be at the client site monitoring your work. In your case, there are 2 people monitoring your work – supervisor (onsite) and employer (remote)
            – like you said, discrepancy in how often you have status discussions

            If you do move to EC model, then it would be good to have a employer’s representative onsite who monitors your work more closely. Polish your answers related to employer-employee relationship, work model etc. As always remain truthful b/c consulate can decide to do background check and verify your responses by contacting the client and/or employer.

          6. Raj

            Hi Saurabh

            Thanks for your input. So if for my next interview based on an EC model: I am currently working for the same client based on the original EVC model and will switch to the EC model if and when i get the visa stamped. Should I let the VO know that I am currently working for the client but through my EVC employer? I am not sure what is the right approach here. Can you assist with a scenario that the VO will likely buy? I have a client letter stating that I have been working since 2010 and now I intend to work through their preferred vendor. The letter does not specify what company I am working through at the moment.

          7. administrator
            Saurabh

            If the VO asks you can let them know that currently you are working through your EVC employer, and plan to work through EC employer once you return to US on H-1.

          8. Raj

            Hi Saurabh
            So I got my H1B petition approved for EC model and am planning to go for interview in a few weeks.

            1. My new employment salary is not per annum instead its per hour. Does this make a difference?

            2. I am guessing I may be asked to prove (yet again) the employee /employer relationship. What do you suggest as the best approach. My employer will not sit with me at the client’s site for sure.

          9. administrator
            Saurabh

            Raj,
            1. It should be ok, as long as the LCA also mentions the minimum salary on hourly basis.
            2. You will have to discuss this w/ your employer/attorney on how they will manage your day to day activities. Although physical presence is the best one, but it should be ok (my guess) to have regular web conferences to delegate day to day tasks, prioritize activities etc.

            Good luck!

          10. Raj

            Hi Saurabh
            Thanks for your input on my case. So it seems my new employer (EC model) will be visiting the client site 2-3 times a week to monitor my work, which makes it better to prove the employer-employee relationship. If the VO asks me how I found out about this new employment, I am going to tell him the truth that my EVC model employer has been subcontracting through this preferred vendor and that is how I know about him. Can I also mention since the old petition has been sent back to USCIS for review and I am facing visa delays, which is affecting my on-going project, so the preferred vendor offered me a FT job and is trying to help me get a visa?

          11. administrator
            Saurabh

            Raj,
            Yes it is a reasonable response. Also provide only the information you are asked for. At times providing too much information can give rise to unnecessary questions. And yes, at the same time do not lie and be truthful to the best of your knowledge.

          12. Raj

            Thanks Saurabh

            The VOs sometimes can be smart in asking questions. In case I get asked who I report to on site, I was wondering if its ok to say that I coordinate with various internal clients at my “client” and that I report to my employer’s representative who visits the site a few times a week. Any thoughts?

          13. administrator
            Saurabh

            Raj,
            Whether VO accepts it or not, will depend upon the VO. In the end, the VO can write down all your responses and do background check w/ the client to know if it is true or not. So unless that arrangement is really in place, it’s better not to mention it.

          14. Raj

            So I had my interview today. Not much was asked, but I got a 221G green slip. This seems to be a never ending nightmare for me and my family. Not sure if it is even worth taking so much stress. I wish I was given a chance to settle my belongings back in US. I am now on an EC model, I had most of the docs listed on the slip but the VO insisted I deposit everything to VFS. My employer is an american company nasdaq listed been doing business for over 40 years with around 300 employees. My passport was returned along with everything. I will keep everyone posted on my case.

            Here is how my interview went:

            I handed the Consular Officer my I-797 and passport.

            Q. Has anything changed with your project besides the fact that the preferred vendor is the petitioner now?
            A. No (It appeared from his first question that he knew my situation that my EVC model employer has been subcontracting through the preferred vendor for this project originally, and that now the petitioner is the preferred vendor)

            Q. Who is the client?
            A. Answered

            Q. Will anyone from your employer be sitting at the site?
            A. my employer’s manager will visit the site 3 times a week.

            Q. How long have you been at the client?
            A. Since July 2010.

            Q. How many months?
            A. 17

            Q. Whats the address of the client?
            A. Gave him the address – XYZ NY

            Q. Whats the address of your employer?
            A. Gave him the address – ABC NY (they are a few blocks away in nyc)

            He seemed to find it reasonable that it was indeed a commutable distance for the manager to visit the client site a few times a week.

            Q. The last 17 months that you have worked at the client, did you meet your current employer’s representative at the site?
            A. No

            Q. Since you were reporting to someone else?
            A. Yes

            Q. Do you have the I-129 petition with you?
            A. Handed him over the petition, LCA, Offer Letter, Letter to the consulate, Client letter, Employer Contract.

            Q. How many employees from your employer sit at the client?
            A. 35

            Q. How many employees total?
            A. Around 300

            Q. Did you sign a contract with them?
            A. Yes

            Q. How much will you get paid?
            A. 12345/hr

            Q. How much were you paid before?
            A.6789/hr

          15. Raj

            Folks,
            Update on my case:
            After 4 months my EVC based employer heard back from USCIS and is now preparing a reply.
            My EC based documents have been submitted after 221G green slip was issued and I am now waiting to hear back from VFS

          16. Raj

            Hi Saurabh
            So after submitting documents (221G green slip) EC model, the petition was sent back to USCIS. I am stuck in an infinite loop here. I dont even know what options to explore next. Now I am waiting for USCIS to contact the petitioners. To Note: the EC model employer is a publicly listed american company. Given my I-140 is approved with the EVC company, can i try getting a direct employment elsewhere (at like a fortune 100). Or is there any legal restriction to it? My PD is current..

          17. administrator
            Saurabh

            Raj,
            Yes, that is another option. Have a petition filed for a direct employment based on your previous approved petition and then go for stamping. There is no guarantee that it will not result in 221g, but direct employments have less chances of it being issued.

            Good luck!

    2. Sankalp Gaggar

      Hi Raj,
      Sorry to hear about 221(g) again, this can so frustrating, I think this time around they should give visa to you, otherwsie what one can make out of this nonsense, you have all papers, a new petition and still they are reluctant in giving visa…..

      Which Embassy you applied at? are you here with family? how long have you been in USA?

      I’m in same situation, trying to figure out how to come out of this mess, wish you good luck and hope some good sense prevails with Us embassy and VO.

      Regards,
      Sankalp

      1. Raj

        New Delhi
        Yes my family is here, but this is just too much stress for everyone, my 3 week vacation has turned into a 4 month nightmare so far. I really feel for people who are separated from their loved ones due to this. I have my girlfriend in the US but she is quite understanding of all this. I have been in the states for 10 yrs, my PD is current, I am considering switching AOS to CP. Good luck to all!!

  33. Mita

    Hello,

    I work full time for a US employer. However my H-1B visa was denied under section 221(g). My petition was taken by the consular officer during the interview. He said my petition will be returned to USCIS for further processing, my present employer can re-appeal or else I can find a new employer. My question is if I find a new employer can I use the same petition or do the new employer, have to file a new petition.

    1. administrator
      Saurabh

      The new employer will have to file petition for you, and then you will have to go for H-1 stamping. You cannot use old petition to work for a new employer.

  34. Prabhu_Swami

    Hello Saurabh,

    I am working for a direct client in E-C model. LCA is for the current location. If I change this project on C2C, would I need to file a new LCA and I-129(for me and my dependents) for new client and location? I guess applying for I-129 would be as good as applying for H1B extension and I can start work for the new client only after getting H1B filing receipt . Correct? ..Thanks

    1. administrator
      Saurabh

      I recently saw a post where a query was raised as to why LCA didn’t contain C2C/EVC model information. So looks like they want that to be present in both LCA and I-129. Check w/ an attorney to be sure.

  35. Kranthi

    Hi Saurabh,

    I went to my H1 stamping 2 weeks back and got 221 g visa refusal white slip. I sent the white slip to my employer and they sent the documents to the US consulate. But the US consulate has not responded yet. I am not sure whether my employer has to reach US consulate in India or USCIS to follow up. Could you suggest, what is the right approach to avoid the delay.

    1. administrator
      Saurabh

      You can email/call VFS and see if they have received the documents. Unfortunately, there is no set timeframe for 221g processing. At times it can take several months.

  36. Shaurya

    I got my H1 B Approved from 1st december 2010 to 30 Nov 2013, and then i came to India to get married, and appeared for Stamping interview at new Delhi Embassy with my wife in the same month i.e Dec. I got a 221g, and Visa counselor asked to submit some more documents, since i had most of the documents with me, I arranged all the documents, and submitted it to VFS. But later on during 31st January, I got a lettter stating that Visa is refused under 221g “employer is not willing to provide u employement”, and now when i check my status on USCIS status is as follows: “Post Decision Activity

    On January 28, 2011, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. 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.

    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 am clueless, dont know what to do, please guide what could be the next step to go back to US.
    Thanks in advance.

    1. Prabhu_Swami

      Hi, pls clarify these before comments can be made based on our experience.
      But later on during 31st January, I got a lettter stating that Visa is refused under 221g “employer is not willing to provide u employement”, –>Were you employed in US on some client project ( E-C or E-V-C model?) or you were on some in-house project while in US?

      Note: Suggestions made here are purely on experience based. To get legal advice consult a competent attorney.

    2. administrator
      Saurabh

      If you have confidence in the employer and your H-1 job, then you can ask him to file for an appeal (assuming USCIS issues NOIR). Else, the other option is to go for a different employer who has better chance of getting your H-1 approved and visa stamped.

      Good luck!

  37. Karthik

    Hi Saurabh,

    My friend went for H1 stamping today in Kolkatta, her visa was denied stating that wage was less. We are not sure what to do next, other than contacting the employer.
    Is there way to resolve this or appeal against the decision. what should we do? Can you help us on this problem.

    1. administrator
      Saurabh

      Seems like the salary mentioned in the LCA was less than the prevailing wages. Ask the employer to know what the prevailing wages are for that role and also ensure that the salary mentioned in offer letter is at least what’s mentioned in the LCA.

  38. Sekar

    Hi,

    I came for extesion stamping on may 2011, i got query. And i submitted the query documents on july 2011. After that i got 221g that i my visa was refused on oct 2011.After few month i check my status on USCIS.

    Post Decision Activity
    On September 2011, we mailed a notice to you reaffirming the approval of this case and returned the case to the Department of State for visa processing. For more information, please contact them directly.

    My question is how long it will take to get the document of I797A or B.

    Please let me know.

    Thanks
    Sekar

    1. administrator
      Saurabh

      Your employer should receive it within 1-2 weeks. Check w/ your employer/attorney if the address on file w/ USCIS is the correct address. If it is, then ask them to follow up w/ USCIS and get that information.

  39. Phoenix007

    Hi,

    I received a 221g refusal for my H1B as the visa officer was unconvinced with the in house project of the sponsoring company and conveyed the petition is being sent back to DHS/USCIS for review and it could take months before anything might be heard on it so don’t wait for it in the near time.
    Will this have any impact on my future visa stampings ? I think it was due to the ambiguities in the project documents from sponsoring company that i received the refusal.Can i choose any other H1b Offer in the meanwhile or is there any minimum wait period before filing or going for stamping for a new H1B offer ?

    1. administrator
      Saurabh

      As the refusal b/c of employer/job related documents and not related to you, it shouldn’t adversely impact your future stampings. Another employer can immediately file H-1 for you (there is no wait period).

  40. tentor

    Hey guys,
    Just wanted your feedback on this. My OPT expired September 8, 2011. My OPT extension reached USCIS on September 6, 2011 and is still processing.
    I got a job offer with another company and they filed for my h1 on October 21 with COS. I got h1b approved on November 3rd, according to USCIS website. Does this mean that COS is approved as well? Still waiting to hear back from the company lawyers regarding this.
    Also, I got a RFE on my OPT Extension on November 3rd. I’m pretty confused about this situation.

    1. administrator
      Saurabh

      It is not always necessary that they approve H-1 w/ COS. Wait for the actual paper notice to know if COS has been approved or not. In case it has been approved w/ COS, you should withdraw your OPT extension.

        1. administrator
          Saurabh

          Once your H-1 is approved w/ COS, your OPT no longer exists. So that is why I said you should withdraw the extension. Even if it gets processed and approved, it will be of no use to you.

  41. Prabhu_Swami

    Hi Saurabh/Kumar,

    I have compelted 6 yrs on earlier H1. My H1 petition is extedned for 3 more yrs. This is a 3 yr extension after I-140 approval since I completed 6 yrs. H1 was approved last week on premium with no RFE in straight 1 week. I work in E-C model. No vendor in between. I have got my visa stamped from Mumbai twice. I never heard of indefinite delays due to 221g that time. Also, I got approval for Canadian PR and I must enter Cananda to get my PR card within next 6 months, otherwise it would be lost. I am planning to go to Canada for PR, same time get our H1/H4 visa stamped with my family from US Consulate in Canada. My concern is if it gets into indefinite 221g loop, I would be stuck in Canada. Do you have any idea if 221g is issued in Canada, can I still ask for our passports and go to India and submit 221g query documentation in VFS in India, or I would need to mandatorily stay in Canada to submit 221g and wait until 221g decision comes? I would be entering Canada first time. With this option, if US visa is approved in Canada w/o any issues, we would simply come back to US with Canadian PR in hand. Two birds in one shot. Option2- is to silently go to Canada, get PR done, do nothing for US Visa stamping in Canada, then go to India from Canada and get visa stamped in India. Option-2 is costlier one. My client would be ok working me remotely for few months either from Canada or India. My pref is go to Canada, get PR and US visa done same time.

    Your expert suggestions pls.

    1. administrator
      Saurabh

      As you have stayed in US for such a long time and have your I-140 approved, I see little chances of 221g being issued in CA. However, in worst case scenario if they do issue 221g, then you can ask for passport back and withdraw the case, go to India and try to get it stamped there.

      1. Prabhu_Swami

        Thanks Saurabh. Appreciate your insights in this matter. Can we withdraw the case if they issue 221g in Canada and re-apply for visa in India? Is there a likelihood that it may adversely affect my case while applying for visa in India, though while withdrwaing I can explain the situation. Any insights please. Thanks.

        1. administrator
          Saurabh

          I am not sure but I think you can request the visa officer to not issue 221g and just withdraw the case. You can tell him that it will not be possible for you to wait in CA, and you will re-apply from India. I do believe that the officer will still make a note of this in your file and the same would be accessed and reviewed by the officer in India. If you get a hint of what 221g is about, you can try to arrange for those docs before appearing for interview in India, and this may help in better tackling of the 2nd interview.

          1. Prabhu_Swami

            Hello Saurabh,

            Just to update you and other watching this forum. First, yours is a very useful forum and your experienced suggestions are big relievers to all the worried people putting questions here looking for some answers. Kudos to you and owners of this forum!

            My H1 visa is approved in vancouver, canada w/o any hassles on 5-Jan-12. I went with my family. I am sharing my interview experience for the benefit of others going for it.

            We were asked to submit following docs at the entrance. These docs were later referred by Visa office and kept for visa stamping.

            1. Original H1 petition ( I-797 A)
            2. DS160 confirmations for all applicants

            Visa office did not ask for any other doc. So we gave none. Docs like client letter, employer letter and other docs are frequently asked by VO and should be provided instantly to avoid any 221g. Most of the folks taking interview in India or Canada are being asked. However, in our case none was asked. Interview lasted for 3-4 minutes.

            1. So you work for XXX? – yes.
            2. What business XXX is in? – Computer consulting and System integration
            3. What is your designation in the company? – YYY
            4. How long you are working with them? – Since last 2 yrs, from Jan 2010
            5. Whom do you work for – Employer or end client ? –Employer, ZZZ is our direct client. I work at client site.
            6. Have you studied in US? – No.

            Then for next 2 minutes VO did not ask any question, it was complete silence but he was staring on computer in front of him, checking something. Then came the most awaited words- your visa is approved, you can collect the passports from DHL in 3 business days. He kept our passports and original I-797 and we got our visa stamped passports and original I-797 on 2nd working day. We drove back to US, got new I-94 and got into US.

            Two words of advice 1. Don’t volunteer any doc/info to VO unless asked for. 2. Have faith in God and confidence on yourself, be relaxed all the time and answer clearly what asked w/o manipulating. They have all your history. Don’t have a single negative thought in your mind about visa process and about VO. Just expect the good, VOs are time pressed and just doing their job to verify all the info and grant the Visas. You would be done in few mins! All the best!
            Thanks.

  42. Brajesh Kumar

    Hi, I have done B. Sc. Computer Science (3 Years) and then MCA (3 Years). Now i am working in an IT MNC with total 3 year 4 month of total exp.

    Am I eligible for H1B? My employer saying that they will start the process for my H1B next month, do you think that the cap will not be over by next month?

    Thanks,
    Brajesh

  43. Kumar

    Can a candidate with 3-year Bsc Honours with >18 years of IT experience spanning MNCs till date be eligible for h1B – if so, this year application – is it possible still? any idea the best employers for software quality assurance CMMI related jobs?

    1. administrator
      Saurabh

      Yes, you should be eligible. However, you should get your degree evaluated by an education evaluation agency just to be sure. It can be applied this fiscal year as long as cap has not been reached. At this point, around 20K petitions can still be accepted by USCIS.

  44. Roahn Sharma

    Hi kumar

    I am in the process to get H1 B visa.I have four year college degree.I started my career in june 2008 in Big MNC. I left that company without resigning in dec 2008 so i do not have any experience letter from them.Then i prepared for MBA and got admission in June 2009 but due to some family problem i left the mba in March 2010 and went for Networking training . I completed many networking course from their till Dec 2010. Then i got placement in Big MNA by showing 2.5 year fake experience.I am currently working here.But now one US company offering H1 B for me on the based of computer networking skill.I want your help in this case . I do not want to show them fake experience .Is there any option while filing H1 B for work experience gap ? and if i show them a real exp it will come out 1 year . So will they approve my H1 B on the basis of 1 year . What about my 2 year gap ?

    1. administrator
      Saurabh

      Legally, w/ 4 years of college degree you are eligible for H-1. However, the proposed job and your skills should match. For example, if the employer is looking for 4 years of networking experience, and your actual experience is only 1 year, then that doesn’t match. The H-1 employer needs to have a job for you that requires experience/skills that fit your current profile.

      Having gap is ok. You can state family concerns etc if asked during visa interview.

  45. Pavan Kumar

    hi

    I have applied for H1B in Apr 2009 for the year 2010 and my Receipt No:EAC-10-014-50992 and when I check for the status online it shows “On October 21, 2009, we received this I290B NOTICE OF APPEAL TO THE COMMISSIONER, and mailed you a notice describing how we will process your case” but up to now there is no update and can you kindly let me know what does my employer or myself need to do and kindly let me know for how much time the Receipt No will be valid, is it for 6 years or 3 years

    Thanks and Regards

  46. ajay

    Actually i could not present my problem properly, i am sorry and here it is…

    My employer has applied for Motion to reopen on the denail of I94 extention instead H1 got approved. then my case status in uscis web site changed to “We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on June 1, 2011, and are now reviewing our earlier decision.” under post decision activity and simulatniously the next day status changed to “On June 2, 2011, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER.” now i am confused whether my I94 got extended or not, becuase it same statement i got previously under decision.
    Nobody including the uscis customer care, my attorney, Employer are unable to predict about my I94 in this fresh I797.

    Please help me…

    1. allan

      The decision changed from “reopened” to “approved” a day after. So what are you confused about?
      I know I won’t be 100% sure until I receive physical letter with I-94 but this should give you some comfort at least. Relax, you are fine.

  47. ajay

    My employer has applied for Motion to reopen on the denail of I94 extention and H1 got approved. then my case status in uscis web site changed to “On June 2, 2011, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER” under post decision activity and simulatniously next the status changed to “On June 2, 2011, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER.” now i am confused whether my I94 got extended or not.

    1. administrator
      Saurabh

      You need to have 4 years of college degree to be H-1 eligible, and at least 3 years of relevant work experience for each missing year of education. Do you have that?

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