221g Timelines |H1B Visa

[bslashish]

Dear Gurus,

I am in great trouble, and would really appreciate your help.

I went to US Embassy New Delhi on 15th Feb 2011 for H1B stamping along with my wife and kid. Visa officer issued me a 221g green slip, asking for couple of documents like client letter, PO, last 2 years Tax returns. VO took our passports, Petitions and other documents.

My sponsoring company has 2 offices in India and 1 office in US. I am working in India office at present and they filed the petition, stating that they have multiple clients and I will be working as consultant for them.

When VO asked for the client letter, my company tried to staff me on a project in US. Its been 4 months now and they approached to multiple clients, but non of them is ready to issue a Letter, which Embassy is looking for.

Now I don't see any hope If my employer will be able to get a client letter. My question is whats the maximum time limit, Embassy will wait for the candidate to submit the documents for review to make the decision? My H1B petition got approved only for 1 year (till Dec 2011). I am sure Embassy not going to wait till the petition expires.

I have another question, Is it possible that my employer revokes this petition, so that I'll get my passport back, and they file a new petition for L1 Visa? Since L1 is intra company transfer, I think client letter will not be required in that scenario. Please let me know If they revoke the petition at this point, will it impact any future visa processing?

I would be really thankful to you, If you can reply to my queries.

Regards,
Ashish

[shervin143]

Now I don't see any hope If my employer will be able to get a client letter. My question is whats the maximum time limit, Embassy will wait for the candidate to submit the documents for review to make the decision? My H1B petition got approved only for 1 year (till Dec 2011). I am sure Embassy not going to wait till the petition expires.
>>> Usually they will give you the date in 221g before which they expect you to submit the documents. If not, you need to submit the documents as soon as possible otherwise it is understood that you did not actually had a project in hand when you went for the visa interview. Alos, the work location should match with your LCA.

I have another question, Is it possible that my employer revokes this petition, so that I'll get my passport back, and they file a new petition for L1 Visa? Since L1 is intra company transfer, I think client letter will not be required in that scenario. Please let me know If they revoke the petition at this point, will it impact any future visa processing?
>>> The company doesn't need to revoke anything. You can withdraw your visa application and they will send your passport back without stamping. This will be considered as a visa rejection and should be mentioned when you fill the DS-160 in the future.

[bslashish]

221g Timelines |H1B Visa

Thanks Shervin for your response.

Can you please also answer on my query on L1 visa. If my employer files a L1 petition, does client letter required in that case? As its intra company transfer?

[shervin143]

If you will be working at your work site for a project that is managed by your company, then there is no need for client letter. But if you will be working for a client at the client location, then a client letter is required.

Can you please also answer on my query on L1 visa. If my employer files a L1 petition, does client letter required in that case? As its intra company transfer?