221g (Green) at Delhi Consulate and petition expiration

[paulh]

Hi folks,
How are you?

I had attended stamping interview at Delhi Consulate in Oct 2010. They issued me a Green 221(g) form and checked all checkboxes.

I submitted docs on Oct 18th 2010 and hasn't heard anything back yet.

The problem is my H1B Petition expires in Feb 2011. Can anybody please help me with the following:

1) If I get my VISA in January and I go to US, how will renew the H1B petition as it needs three Paystubs. Will USCIS consider the fact that I was in India since Oct 2010 and there won't be any paystubs.

2) If I don't get VISA by Feb 2011, should I file a new petition before hand and attend another visa interview (hoping they would not again give me another 221(g))?

Thanks a ton!
Paul

[shervin143]

1) If I get my VISA in January and I go to US, how will renew the H1B petition as it needs three Paystubs. Will USCIS consider the fact that I was in India since Oct 2010 and there won't be any paystubs.
>>> pay slips are required only for the duration of stay/work in U.S on H1B?1 status. 3 months of pay slips are required only if you have been in U.S for a duration longer than that.

2) If I don't get VISA by Feb 2011, should I file a new petition before hand and attend another visa interview (hoping they would not again give me another 221(g))?
>>> Yes.

[paulh]

221g (Green) at Delhi Consulate and petition expiration

Shervin,
Thanks for the info.
Last time I visited India was in 2007. I have been working for 3 years and then I came to India in Sept, 2010 end.

For Renewal, will they ask me for paystubs from July, Aug, Sept 2010 because I was not in US after that and therefore, technically there would not be any paystubs?

Best Regards,
Paul

1) If I get my VISA in January and I go to US, how will renew the H1B petition as it needs three Paystubs. Will USCIS consider the fact that I was in India since Oct 2010 and there won't be any paystubs.
>>> pay slips are required only for the duration of stay/work in U.S on H1B?1 status. 3 months of pay slips are required only if you have been in U.S for a duration longer than that.

2) If I don't get VISA by Feb 2011, should I file a new petition before hand and attend another visa interview (hoping they would not again give me another 221(g))?
>>> Yes.

[shervin143]

That is exactly what I have mentioned in my previous reply. Pay slips are required only for the time you were on H1B status. When you are out of U.S you hold no status and so there is no need for pay slips for the duraton outside U.S.

Shervin,
Thanks for the info.
Last time I visited India was in 2007. I have been working for 3 years and then I came to India in Sept, 2010 end.

For Renewal, will they ask me for paystubs from July, Aug, Sept 2010 because I was not in US after that and therefore, technically there would not be any paystubs?

Best Regards,
Paul