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  • H1b restamping successful after 221g

    Hi all :
    I have been following this forum since the start of my case back in December 2011 and wanted to contribute something positive to this thread about the 221g which is becoming a common case across all US embassies in India.

    Year 7 of h1b, I 140 approved by previous consulting company when I visited Indian in December 2011 for stamping .

    Dec 12th 2011 - visa intw, EVC model, got 221g with list of documents from employer and employee.
    Dec 29th 2011 - submitted all documents including client letter

    Jan 6th 2012 - dated from uscis that visa is denied and h1b petition sent back to Kentucky center for possible revocation. We got this letter not through email but through regular mail on jan 20th.

    Talked with **** ** attorney, they said best case scenario to return back is direct employment with American company. In my consulting carrer, I had worked with American clients, contacted all of them to see if they have permenant positions open. If your work was noticed when you worked as a consultant, you have higher chance of getting success in getting resposnsored by American firms.

    American employer filed papers for direct employment. New h1b receipt date was feb 24th 2012 and got approved feb 27th 2012. American employer has less than 50% h1b...very imp to note.

    They sent papers to us, we went for appointment today again morning. Mumbai consulate in both cases. They asked what does company do and what's your role and confirmed asking that it was direct employment and nobody in between. My previous 2 candidates for the same window got 221g on the spot, one was an h4 lady and another h1. We took our 15 mnth old us citizen daughter and her first question was was the child us citizen. 2 mins she read my previous denial case and 3 questions afterwards, she said, our visa is approved and took our passports to get in 1-2 days.

    In a nutshell, EVC models and consulting companies are getting 221g by default, you cannot escape it and it is sometimes painful to go through the process. If you plan to stamp in India, keep yourself with backup options before making the trip. There was another colleges of mine who knew this was happening and went to us consulate in Canada and got stamped with EVC model. Maybe that can work for you also if you choose to give that shot.

    All in all, have a positive attitude about everything and very scenario, and look for solutions in every situation , you will come back stronger.

    Hope this thread helped people to get more clarity. All the best.

    Comment


    • @Sandeepiitm

      Did you get any updates from consulate...

      Comment


      • @Abhi
        No updates.. last time when i emailed them they replied saying its still under process...
        Its been more than 3 months now..

        Comment


        • H1B 221g Blue mumbai consulate

          Hi All ,

          I also got 221g blue from , i am a full time employee with a Big company , please let me know how long does it take to get any reply from consulate.

          Also can i send an email with medical emergency as my wife is alone there and my newly born son has to undergo a surgery soon and there is no one to help. i also got the letter from the hospital stating the same.

          Please let me know.

          Thanks,

          Comment


          • complete 2 months

            I complete 2 month of waiting today. No news from the consulate yet

            @ashishsoni
            You should contact VFS asap and the consulate. Maybe you could atleast try for another temperory visa in such situations...

            Comment


            • @Orion06

              Completed 3 months.
              Haven't received any response from consulate yet...
              After this long wait I am hoping for positive result....

              Comment


              • @orion06, @abhi1985

                How many employees are there in your organization.? Does the responce from consulate depends on the organization name and fame???


                Originally posted by abhi1985 View Post
                @Orion06

                Completed 3 months.
                Haven't received any response from consulate yet...
                After this long wait I am hoping for positive result....

                Comment


                • Bluehat,

                  did you get any response from consulate after your petition is reaffirmed? also your case has been updated in PIMS?


                  Originally posted by bluehat View Post
                  Did you go to mumbai consulate?

                  Comment


                  • @nit_2012.

                    I am working for an American staffing firm with employee size 18-25 since 2010.
                    Working at client site(E-C model).
                    I think in my case they are verifying employer-employee relationship.

                    Comment


                    • @abhi1985.

                      My case is very much similar to yours. I went to interview in Chennai on Jan 4th and received AAP blue form with original I797 and passport taken. On Jan 30th my passport was returned with another green form asking for more documents like I129, I797 ,LCA and offer letter. I submitted copies of them as the original is already with them on Feb 6th and waiting since then. I don't get any response when I mail the consulate. The DOS always says it is as under process. I was asked many questions about employer - employee relationship and was asked to sign a memo regarding the same. I wish all our cases are cleared as quickly as possible.

                      Thanks
                      Nirupa

                      Comment


                      • Originally posted by nit_2012 View Post
                        @orion06, @abhi1985

                        How many employees are there in your organization.? Does the responce from consulate depends on the organization name and fame???
                        I work for startup with 4 employees with me being the only H1B. I joined the startup after completing my masters there. I directly applied for an H1B without bothering to apply for a EAD (which I should have done...would have made things easier for me) and got it approved.

                        Comment


                        • Last week I e-mailed to VFShelpdeskmumbai to know the status of my application.
                          They asked me to e-mail the scanned copy of 221g blue slip.
                          It's been 1 week now..I haven't heard anything back from US consulate mumbai..
                          earlier I was getting reply's in 2-3 days....

                          Comment


                          • H1B blues
                            • Interview Date: 17 Feb 2012
                            • Document Submitted: 26 Feb 2012
                            • Follow Up Email: 11 Mar 2012 (was told by VFS after document submission to contact after 2 weeks. Got standard reply to check their website and I would be notified , blah blah blah ... )
                            • Reply from Consulate - Ready for final Processing: 14 Mar 2012
                            • Passport Submitted: 15 Mar 2012
                            • Passport ready: Mar 20 2012


                            Company Background: Small technology company has been in business for past 10 years. 8 employees in total. I am the first one to apply for H1B, all other employee are from US. I am a direct hire.

                            In the interview as soon as I wished the VO she asked me why the hell I was working for company so small. I said I have worked with big company during my internship and it did not excite me much. Small company energy excites me and plus I have been with them for 2 years now after grad from US university. VO then asked which client I handle and what my company does. I explained she was still not convinced. She asked for Company financial statement, I presented her (I was carrying this for worst case scenario). She went through it and still not convinced, I told her I have my workplace photo she asked to show. Then VO was like anyone can **** this (yes i know, i was like WTF). She then said I am still not convinced and handed me the blue form.

                            I got 221(g) blue form asking for
                            • Company's notarized 2 years Income Tax returns and financial statements
                            • Detailed list of employees (responsiblities, client, project, etc) notarized
                            • Detail list of project assigned to me, with time frame, client information, etc
                            • My federal income tax, W-2 for the year 2011


                            My employee was prompt enough in giving me this stuff. The last one I had it with me even during the interview. Yeah! i told VO i have the my W-2 with me. She was like submit them with rest of document. I guess she pretty much had made her mind to either reject or give me a run for money.

                            Anyways it was a heck of ride. My trip meant for a month was extended for one more month which is not bad in comparison to some people that had to go through here.

                            Comment


                            • Congrats mumbaislip221g.. That was a quick turnaround. I am waiting from past 2.5 months.

                              Comment


                              • Visa sent back

                                23rd January 2012 : Interview Date, Blue form issued with request for additional petitioner documents.
                                8th February: First set of documents submitted
                                28th February: Second set of documents submitted
                                5th March: Visa send back to KCC for review and revocations...

                                Such is life but on the bright side it was quick! All the best to the rest of you.

                                Comment

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