H1-B Stamping experience at New Delhi -- Need Advise from SMEs

[s6a6n6d6m6a6n]

Guys,

I visited the US embassy at New Delhi on 7/24 for H1-B stamping.
What happened was something far from what I had expected.
Need advise from seniors, gurus and other subject matter experts.

Now my case –
My case was almost a perfect one. Just couldn’t have anticipated a roadblock like this taking into account my present circumstances, strong paper-work provided by my employer and of course my 10-yr-experience and confidence.

However, they had something else in store for me.

A brief transcript of my dialogue with the VO –

Me : Hey! How’re you doing this morning ? (with a smile)
VO : No reply (soab)

VO : Can I have your documents ?
Me : Sure, and passed on my DS docs, Passport and Notice of action

VO : Are you already working with this company ?
Me : Not yet, I’ll start first of October

At this point I informed him that there is a small typo error on my DS form, to which he said, “Don’t worry about it”

VO : What post ?
Me : Project Manager ZZZ-ZZZ

VO : Do you have any other documents from your petitioning employer ?
Me : Yes, what would you like to see ?

VO : Show me I-129
Me : Given

VO : Do you have tax returns of the petitioning company ?
Me : Yes, I do (passed on the return)

VO : What else do you have ?
Me : I have their Articles of Incorporation, Domestic Stock Filing, Certificate of Good standing, etc, would you like see any of these ? (I was carrying a whole plethora of docs)
VO : No

VO : So will you be working on an in-house project ?
Me : No, I’ll be working at the client’s site

VO : Which client ?
Me : YYYY Inc. (a 150-some-yr-old big giant in CA)

Okay, the bone of contention – my employer is a very small company, founded only 2 years back and they don’t have a direct contract with the end client, they instead have sub-contract with another mid-sized consultant, who in turn will place me with the end client, however, the petitioner in my case is a small IT consultancy co. with just about 7 employees.

VO : Do you know your project ?
Me : Yes, “My project is … has … scope… required to work on …. Attempting to achieve …. …. And blah blah blah)
(He just kept nodding and listening ; am sure he wasn’t able to understand jackshít out of this high-tech stuff)

At this point, he pulled out the (oh! So dreaded) 221(g) form

VO : Do you have any signed document by your end-client ?
Me : I don’t have that, however, I do have their agreement with the mid-sized consultancy company and a work order stating my engagement with the end client

Before he could begin writing on the 221, I offered to show him the above mentioned documents ; and passed them on to him.

He clearly didn’t look too happy looking at those docs… and he had a look on his face as if his bladder was going to burst (noticed he was standing, just getting ready to go for a break)

So here the sword falls…

VO : I’m gonna need to see some more documents. (checks 4 boxes on a 221(g) Green form). You don’t need to come again for an interview. You can deposit the documents requested along with your passport at window #5.
Me : Is that the drop-box where you want me to submit the documents ?
VO : Yep

Me : Alrighty !
VO : Okay

So with the clock striking 12 on my face, I walk out of building, not knowing where to hide my face, I called up my girlfriend to come and pick me up. Poor thing had been waiting in the car for more than 2 hours, since I reached there at 0900.

Now my dilemma –

1) My employer is really a small "home-run" kinda company and I’m not sure if they’re going to be able to give me all the docs mentioned in the RFE.

2) Even if they, by remote chance of luck, are able to provide me with the required docs ; Reviewing my experience with the VO, what in your assessment are my chances of getting the visa stamped ?

3) Though the VO asked me to drop the passport along with the docs, the instructions written on the 221(g) don’t mention anything about the passport being dropped. It only directs what docs are needed and how and where to deposit them. Can the VFS refuse to accept my passport when I’m dropping of my docs just cuz the 221(g) doesn’t say so ?

4) Lets say, I drop off my docs and passport to the VFS, what are the waiting times and how long can they possibly retain my passport ? As my present employer may need me to travel to US (temporarily) as I already have a B1/B2 and have traveled before for them as well.

5) Next apparent question – can I travel on B1/B2 while my H1-B is under 221(g) ? (provided I have my passport in my possession)

6) Do the same adjudicators process 221(g) cases reviewed by them, or it can go to any of the officers within the consulate ?

7) I’m planning to change my job here in New Delhi – presently working for the #1 ranked BPO in India, wanting to move to a not-so-top KPO ; Can this potentially have any ill affects on my standing / chances ? (ur right – remuneration)

8) In your assessment, what are the chances of gettinig the visa stamped, after having read through the case ?


I will be highly obliged if any of the veterans / SMEs or anybody with a similar experience can comment on this.

Any information / help / reassurance will be highly appreciated.

Disillusionment is bound to happen, but I’m still making an attempt to cling on to some ray of hope.


Exit Light, Enter Night
Sandman®

[Subramanya]

H1 and 221g

Now my dilemma –

1) My employer is really a small "home-run" kinda company and I’m not sure if they’re going to be able to give me all the docs mentioned in the RFE.

---- If you are not sure that the employer may provide the docs, the only alternative is to change the employer. Remember you have to comply with with what the US Consulate asks for

2) Even if they, by remote chance of luck, are able to provide me with the required docs ; Reviewing my experience with the VO, what in your assessment are my chances of getting the visa stamped ?

---- If the docs asked belong to the employer, your experience will have nothing to do with the decsision to grant a Visa. As the US Consulate is asking to ascertain the credentials of the employer

3) Though the VO asked me to drop the passport along with the docs, the instructions written on the 221(g) don’t mention anything about the passport being dropped. It only directs what docs are needed and how and where to deposit them. Can the VFS refuse to accept my passport when I’m dropping of my docs just cuz the 221(g) doesn’t say so ?

---- Do as per the VO's instructions, apart from complying with the items on the form 221g

4) Lets say, I drop off my docs and passport to the VFS, what are the waiting times and how long can they possibly retain my passport ? As my present employer may need me to travel to US (temporarily) as I already have a B1/B2 and have traveled before for them as well.

---- If you are dropping the Passport alongwith all the docs, the Passport will be returned with a stamped Visa while teh US consulate will retain all the docs except for your I-797 if you have dropped it

5) Next apparent question – can I travel on B1/B2 while my H1-B is under 221(g) ? (provided I have my passport in my possession)

---- Yes, that can be done

6) Do the same adjudicators process 221(g) cases reviewed by them, or it can go to any of the officers within the consulate ?

---- That is left to the US Consulate. After all docs are reviewed by one and verified by another person (senior or colleague)

7) I’m planning to change my job here in New Delhi – presently working for the #1 ranked BPO in India, wanting to move to a not-so-top KPO ; Can this potentially have any ill affects on my standing / chances ? (ur right – remuneration)

---- What has this got to do with the 221g and H1? The query is totally irrelevant

8) In your assessment, what are the chances of gettinig the visa stamped, after having read through the case ?

---- Read responses to Q4

Subramanya

[s6a6n6d6m6a6n]

Some additional questions

Subramanya,

Thanks a lot for your reply, highly appreciate the inputs.

Have a couple of more points to discuss –

1) After almost two months of agonizing wait, my employer has been able to send me the required documents. So point #1 gets null, however, you mentioned that I can change my employer. How can I do that, as my I-129 petitioner is my employer ?


2) The docs requested in the 221(g) seem to pertain to my employer –

a) A complete itinerary of services specifying the dates of engagement, the names and addresses of the employers, the names and addresses of any intermediary agents, and the name and address of the end client (where the services will be performed).
b) Petitioner’s certified or notarized federal tax returns for the last two (2) years.
c) W-2 forms for all persons employed by petitioner. Provide a notarized list of all employees with each employee’s name, specific job title, yearly salary, immigration status, and whether full-time or part-time worker. Provide documentation showing when each worker joined the company.
d) State Unemployment Wage Reports showing wages paid to each employee resident in the state for the past two quarters. Provide the actual forms filed to State authorities, not payroll reports.


3) Is it possible that after reviewing the above mentioned docs, they are still not satisfied, and ask for more evidence by means of issuing another 221(g) ? Has anybody ever got an unstamped passport and a 221(g) back in the mail ?


4) I’m planning to drop the docs along with I-797, I-129, LCA, Letter to USCIS (from petitioner), and my passport at the VFS drop box next week. How long in your opinion should/can they retain my passport with them for processing ?


5) I already have a 10-yr B1/B2 stamped. In the unlikely event, if they choose not to give me the H1-B, can they revoke or do something to my existing visa ? In the same breath, let me ask you, if they grant me the visa, can they still cancel the existing B1/B2 with CWP (cancelled without prejudice) stamp, since they’ve given me an H1-B ? I would need both the visas to exist on my passport as each of my visits to the US may have a different intention/duration of stay.


6) Related to the point above, my B1/B2 is placed in my old passport (which has expired) and I have a fresh passport attached along the seams of the old one. Just playing the devil’s advocate, would you advise that I separate both the passports and drop only the new one in the drop box ? (thereby not giving them a chance to cancel my old visa) … just a stupid question. (I know they can anyhow, if they wanted to)


7) What are the success rates, if any statistics exist, for such cases ? If not for data, what is your expert opinion ?


Thanks a lot in advance for sharing such wealth of information with me.
Am sure this will benefit the larger group and enhance everybody’s knowledge on the subject.


Regards,

Sandman®

[Subramanya]

H1 and 221g

[QUOTE=s6a6n6d6m6a6n]Subramanya,

Thanks a lot for your reply, highly appreciate the inputs.

Have a couple of more points to discuss –

1) After almost two months of agonizing wait, my employer has been able to send me the required documents. So point #1 gets null, however, you mentioned that I can change my employer. How can I do that, as my I-129 petitioner is my employer ?

---- Ask a new employer to file a new I-129 alongwith LCA

2) The docs requested in the 221(g) seem to pertain to my employer –

a) A complete itinerary of services specifying the dates of engagement, the names and addresses of the employers, the names and addresses of any intermediary agents, and the name and address of the end client (where the services will be performed).
b) Petitioner’s certified or notarized federal tax returns for the last two (2) years.
c) W-2 forms for all persons employed by petitioner. Provide a notarized list of all employees with each employee’s name, specific job title, yearly salary, immigration status, and whether full-time or part-time worker. Provide documentation showing when each worker joined the company.
d) State Unemployment Wage Reports showing wages paid to each employee resident in the state for the past two quarters. Provide the actual forms filed to State authorities, not payroll reports.


3) Is it possible that after reviewing the above mentioned docs, they are still not satisfied, and ask for more evidence by means of issuing another 221(g) ? Has anybody ever got an unstamped passport and a 221(g) back in the mail ?

---- It is entirely possible, as the genuinity and authenticity of these docs will be verified by the US Consulate

4) I’m planning to drop the docs along with I-797, I-129, LCA, Letter to USCIS (from petitioner), and my passport at the VFS drop box next week. How long in your opinion should/can they retain my passport with them for processing ?

---- If all goes well you should receive back your Passport with a stamped Visa along with other documents within a week to 10 days (standard time)

5) I already have a 10-yr B1/B2 stamped. In the unlikely event, if they choose not to give me the H1-B, can they revoke or do something to my existing visa ? In the same breath, let me ask you, if they grant me the visa, can they still cancel the existing B1/B2 with CWP (cancelled without prejudice) stamp, since they’ve given me an H1-B ? I would need both the visas to exist on my passport as each of my visits to the US may have a different intention/duration of stay.

---- Existing, valid and unexpired Visas on a Passport do not get cancelled

6) Related to the point above, my B1/B2 is placed in my old passport (which has expired) and I have a fresh passport attached along the seams of the old one. Just playing the devil’s advocate, would you advise that I separate both the passports and drop only the new one in the drop box ? (thereby not giving them a chance to cancel my old visa) … just a stupid question. (I know they can anyhow, if they wanted to)

---- The Visa will only be stamped on a valid and unexpired Passport. Even if the old Passport is sent, they will return it back to you as they have nothing to do with it and it is the property of the government (and thereby you) who has issued the Passport

7) What are the success rates, if any statistics exist, for such cases ? If not for data, what is your expert opinion ?

---- Once the US Consulate asks for the Passport to be dropped alongwith other documents, then a Visa is issued, stamped on the Passport and returned. Only under rare circumstances does a Visa get denied like a torn/damaged Passport

Thanks a lot in advance for sharing such wealth of information with me.
Am sure this will benefit the larger group and enhance everybody’s knowledge on the subject.

---- Do not worry about the group. There are far too many issues that are being dealt with by themselves and that too efficiently

Subramanya