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  • H1b visa issue

    Hello Sir/Madam,

    It will be great if you help in this problem.

    I went USA in 2007 and came back in Sept 2009. I had a approved renewal copy, so I went for visa stamping again on November 2009. They gave me green 221g and ticked all boxes on to that.

    After getting 221g, I joined company B in India and started working. After 3 months They also wanted to send me USA. So They processed my B1 and I went to usa on that. After 2 months my old employer filed my Change of Status and it got approved. So I started working with client of old employer. And they also replied the old 221g to get cleared.

    After 3 monts my wife went for visa stamping and they gave 221 g with all check box ticked. We submitted those documents then she got an email after 2 weeks that I need to be appear with her.

    I came back to India and appered with her in US consulate Delhi. They cancelled my B1 and aksed again 2 years w2 of petitioner and client letter on green 221g.

    I already submitted all docs 4 weeks back but still no reply.

    IS THERE ANY POSSIBILITY THAT I WILL GET THE VISA STAMPED ? MY CLIENT IS STILL WAITING FOR ME THERE TO JOIN.

    PLEASE ADVICE...

  • #2
    Unfortunately no one can predict the outcome. You have to wait until the 221g to get cleared. If you have submitted all the required documents, then there are high chances of a successful stamping. One issue here is your COS from B1 to H1B. This shows your intention for immigration. A COS from B1 to H1B always put a lot of questions in the mind of VO's and that is why it is never advisable.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      It will be great if you help in this problem.

      I went USA in 2007 and came back in Sept 2009. I had a approved renewal copy, so I went for visa stamping again on November 2009. They gave me green 221g and ticked all boxes on to that.

      After getting 221g, I joined company B in India and started working. After 3 months They also wanted to send me USA. So They processed my B1 and I went to usa on that. After 2 months my old employer filed my Change of Status and it got approved. So I started working with client of old employer. And they also replied the old 221g to get cleared.

      After 3 monts my wife went for visa stamping and they gave 221 g with all check box ticked. We submitted those documents then she got an email after 2 weeks that I need to be appear with her.

      I came back to India and appered with her in US consulate Delhi. They cancelled my B1 and aksed again 2 years w2 of petitioner and client letter on green 221g.

      I already submitted all docs 4 weeks back but still no reply.

      IS THERE ANY POSSIBILITY THAT I WILL GET THE VISA STAMPED ? MY CLIENT IS STILL WAITING FOR ME THERE TO JOIN.

      ---- Yes, after all these tribulations you will get your visa, but you will have to wait till the US Consulate completes the processing. How long it takes and what exactly are they doing is anybody's guess and at best you can speculate as well as others

      ---- Try emailing the US Consulate once in a chile with all your details and keep the reponse. Although the response may be a standard reply that your case is under processing and this is inevitable

      ---- There is nothing you or the client and the employer can do about it. Understand that the US Consulate and USCIS work in this manner and do not be surprised if they take a long time to make a decision


      0000 REst assured you should get your visa within a few weeks unless there is soegross abnormality with your case

      Subramanya

      Comment


      • #4
        Reply from Embassy

        Thanks for your reply guys. In fact I am writing e-mail to them after each 2-3 days. before they were saying like that

        This is with reference to the below e-mail. We apologize for the wrong passport number. Your application is still pending under Section 221(g) of the Immigration and Nationality Act (INA) for mandatory administrative processing. Please note that there is no definite time period for administrative processing.



        When administrative processing is required, the timing will vary depending on circumstances of each case. Be assured that we will contact you if the administrative processing is complete or if we require additional information


        Today they replied like this

        This is with reference to the below e-mail. Your case is pending for review. Once the review is completed we will contact you.

        Is there any difference in this 2 kind of messages. Please reply!!

        Thanks In Advance!!!

        Comment


        • #5
          Absolutely no difference. Basically they are asking you to wait for their response. Every time you send them an email, don't expect them to reply you with a stereo type message.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            Client did not get any call/e-mail yet

            Hello,

            In 221g VO asked for following docs

            1. w2 of petitioner for last 2 years

            2. I 797, LCA etc.

            3. End Client letter

            I submitted all documents on 2nd nov but still my client did not get any calls / emails.

            Is it a good sign or bad?

            Comment


            • #7
              Neither a good or bad sign. Sometimes it takes time and more over this is a holiday season and there could be delays. You just need to wait for the consulate to get back to you.

              Originally posted by kumarajay85 View Post
              Hello,

              In 221g VO asked for following docs

              1. w2 of petitioner for last 2 years

              2. I 797, LCA etc.

              3. End Client letter

              I submitted all documents on 2nd nov but still my client did not get any calls / emails.

              Is it a good sign or bad?
              Not a legal advice. Use of this information is strictly at your own risk.

              Comment


              • #8
                Status on VFS Site

                Hello,

                Today Status got changed from "Your passport has not been handed over to VFS. Kindly contact our regional call centres for further queries" to "Your PP is under process at US embassy". Even my PP is with me not submitted to Embassy yet.

                IS there any +ve sign for get stamping ?

                Thanks
                Ajay

                Comment


                • #10
                  H1B refused

                  Hi,

                  After a long time I received a H1B refusal letter from embassy. As I mentioned my case was change of status from B1 TO H1B, VO also canceled my B1 at the time of interview.
                  My question is:
                  1. Will it make for myself difficult to get stamping in whole life if I get h1b approved for this year?

                  2. As I am in London, stamping will be easy for me in different country Like UK/Singapore.

                  3. Should I wait 2-3 years to apply for FRESH H1B ?

                  Regards
                  Ajay

                  Comment


                  • #11
                    Originally posted by kumarajay85 View Post
                    Hi,

                    After a long time I received a H1B refusal letter from embassy. As I mentioned my case was change of status from B1 TO H1B, VO also canceled my B1 at the time of interview.
                    My question is:
                    1. Will it make for myself difficult to get stamping in whole life if I get h1b approved for this year?
                    This denial will not affect your chances if you have a job with a bonafide employer or consultant having projects waiting for you.Otherwise consultants receive a lot of scrutiny and such denials.

                    2. As I am in London, stamping will be easy for me in different country Like UK/Singapore.
                    Location will not matter.

                    3. Should I wait 2-3 years to apply for FRESH H1B ?
                    Another employer can file for you anytime using previous petition's cap number.
                    Regards
                    Ajay
                    Try to get a legitimate job rather than consulting type position. It will have better chances of getting H1 approved.
                    This is my opinion and not legal advice.

                    Comment


                    • #12
                      B1 visa stamping

                      Thanks for prompt reply.

                      My current employer in India wants to send for B1 stamping.
                      But I am scared to go again for B1 stamping because VO has cancelled my B1 at the time of H1B stamping.

                      So will it create any difficulties for me to get B1 STAMPING again ?

                      Ajay

                      Comment


                      • #13
                        No issues. If the case is genuine and if you can prove that you will use the B1 visa according to its norms (Example: You cannot work in B1 visa), then you will get it stamped without much issues.

                        Originally posted by kumarajay85 View Post
                        Thanks for prompt reply.

                        My current employer in India wants to send for B1 stamping.
                        But I am scared to go again for B1 stamping because VO has cancelled my B1 at the time of H1B stamping.

                        So will it create any difficulties for me to get B1 STAMPING again ?

                        Ajay
                        Not a legal advice. Use of this information is strictly at your own risk.

                        Comment


                        • #14
                          I received Reaffirmation

                          Helloo Senior Members,

                          Last week I received reaffirmation from USCIS. As it came after 8 months, I lost my project.

                          1. So to get stamping I again need client letter, or I can go without client
                          letter to get stamping.

                          Ajay

                          Comment


                          • #15
                            Ajay,

                            You need client letter for the stamping interview. VO generally ask for the client letter.

                            Comment

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