After 221g, got I-797 "..reaffirmed our previous decison on petition"

[Amit Nagar]

Hi All,

I have appear for H1 visa interview on Sep-11 and got 221g pink slip. I have submitted all the required document and waiting for result. After 6 month of follow up I got the mail from visa dept(Mumbai) than application is rejected.

After then my employer follow up with USCI and they got I-797 Notice of Action saying that :

"This is to advice you that we have reaffirmed our previous decision on above application or petition which the department of state had previously returned for review. We have forwarded the case back the department of state for action"

The Small Business Regulatory Enforcement and Fairness Act established the Office of the National Ombudsman (ONO) at the Small Business Administration. The ONO assists small businesses with issues related to federal regulations. If you are a small business with a comment or complaint about regulatory enforcement, you may contact the ONO or phone YYYY YYYY ZZZ or fax YYYY YYYY ZZZ."

Now what should we need to do ?

- Should I need to go for visa interview again or I can submit the passport for visa ?

Please suggest us.

Thanks,
Amit

[Nattybone]

Hello, Amit.

If the letter reads Reaffirmation of previous decision, going by simple language meaning of this, it seems like they have decided to continue with their decision of Rejection. Your application status continues to be a Reject.

I am sorry, i hope this helps.

Cheers,

Hi All,

I have appear for H1 visa interview on Sep-11 and got 221g pink slip. I have submitted all the required document and waiting for result. After 6 month of follow up I got the mail from visa dept(Mumbai) than application is rejected.

After then my employer follow up with USCI and they got I-797 Notice of Action saying that :

"This is to advice you that we have reaffirmed our previous decision on above application or petition which the department of state had previously returned for review. We have forwarded the case back the department of state for action"

The Small Business Regulatory Enforcement and Fairness Act established the Office of the National Ombudsman (ONO) at the Small Business Administration. The ONO assists small businesses with issues related to federal regulations. If you are a small business with a comment or complaint about regulatory enforcement, you may contact the ONO or phone YYYY YYYY ZZZ or fax YYYY YYYY ZZZ."

Now what should we need to do ?

- Should I need to go for visa interview again or I can submit the passport for visa ?

Please suggest us.

Thanks,
Amit

[Amit Nagar]

Hello, Amit.

If the letter reads Reaffirmation of previous decision, going by simple language meaning of this, it seems like they have decided to continue with their decision of Rejection. Your application status continues to be a Reject.

I am sorry, i hope this helps.

Cheers,

If it's rejected than status of my EAC number should be rejected but I can able to see status as "Post Decision Activity". I am not getting that part.
- Can I able to transfer H1 if old petition is valid till Aug-14?
- What would be the status on EAC site?

Please suggest me.

Thanks
Amit

[Amit Nagar]

If it's rejected than status of my EAC number should be rejected but I can able to see status as "Post Decision Activity". I am not getting that part.
- Can I able to transfer H1 if old petition is valid till Aug-14?
- What would be the status on EAC site?

Please suggest me.

Thanks
Amit

[Nattybone]

Hello, Amit.

I am not a legal expert and do not know answers to your questions around EAC number and site.

What i can share is, if your H1B has unused period on it, it can be revived. You find another sponsor and make him file a fresh petition. An H1B is for 6 years, if you have not used your 6 years, you can still revive it. You would not be subject to the annual cap as you would have been counted against the cap the first year you were issued the visa.

I hope this helps.

Cheers,

If it's rejected than status of my EAC number should be rejected but I can able to see status as "Post Decision Activity". I am not getting that part.
- Can I able to transfer H1 if old petition is valid till Aug-14?
- What would be the status on EAC site?

Please suggest me.

Thanks
Amit