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URGENT: Need Help on H1B

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  • URGENT: Need Help on H1B

    Hi

    I am in following situation:

    We have applied for my wife's H1B and petition got approved. She went to mumbai consulate and got 221g asking for Client Letter.

    Since the project she is going to work upon is not an onsite project (she will be operating from employer's office - Offsite), it's not possible to get a client letter.

    Can someone please advice what to do ?

    Also if we don't get the client letter, is there any way to revoke the H1B application ?

    Can I simply ignore this petition (neither revoke the application, nor go for stamping... just leave it hanging), bring her on H4 and later on apply for a brand new H1 in next year's quota ?

    And can I apply for her H4 while H1 is still in 221g status ?

    Please advise ASAP. Really appreciate it.
    Last edited by jig; 02-17-2011, 05:51 AM.

  • #2
    She can respond to this by proper project/work documentation from her employer.
    Alternatively she can apply for H4 Visa and travel with it if approved. 221g is considered as Visa denial and she will have to mention it in her Visa application.
    The same or another employer can file a cap-exempt petition for her anytime.
    This is my opinion and not legal advice.

    Comment


    • #3
      Thankyou kabkaba for quick reply.

      She already went to consulate and produced all the documentation required in 221g, however, the VO insisted on a client letter. She explained she can't produce client letter since the project is offsite project but in place of client letter, she showed VO the contract agreement and SOW documents between the petitioner and client. But still VO insisted on producing a client letter stating her name on it and gave the same 221g (blue form) again.

      Do you think without client letter she should try again 1 more time ?

      Also can you please provide more details on cap-exempt petition which you have mentioned below ?

      Really appreciate your inputs/reply.

      Comment

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