221(G) Suspension (White Form) And applying for H-4 now

[Sunnyhouse252]

Hi Folks,

My H1-B visa got suspended as I was told by the US Consulate officer, that my I-129 petition filed by my employer was incomplete. (Interview Date 19th December 2011 - Kolkata)

They advised me that my paperwork will be sent back to the USCIS and my employer/attorney will get a letter for revocation of H-1 B approval. Which my employer can appeal for, once they get the notice.

My concern is that now I plan to enter the United States by applying for an H-4 visa with the Principal Applicant being my wife.

And my employer in the US has said that once you come back on H4 they will apply for a fresh H-1 petition and then I will be able to work again once the new H-1 is approved: I want to know if that is possible?

Also, The H1-B cap for 2011 has been fulfilled. So in my case can an H-1 application be filed even if the H-1 B cap has been completed or my employer can only file in April 2012 and that I can not start working before 1st October 2012?

[shervin143]

And my employer in the US has said that once you come back on H4 they will apply for a fresh H-1 petition and then I will be able to work again once the new H-1 is approved: I want to know if that is possible?
>>> Possible.

Also, The H1-B cap for 2011 has been fulfilled. So in my case can an H-1 application be filed even if the H-1 B cap has been completed or my employer can only file in April 2012 and that I can not start working before 1st October 2012?
>>> You can use the CAP from the previous H1B approval notice if you haven't utilized all 6 year in that CAP (H1B + L1 combined).

[Sunnyhouse252]

Thanks shervin.

[Sunnyhouse252]

Hi

Hi,

So I am now back in the US on H4 visa and my employer has filed my new H-1. Is there any possible chance or my right to check the documents my employer has filed this time so I can avoid this rejection chances at the US consulate next time?

Also, this time I am planning to get it stamped in Canada or Mexico. Do you think the chances of getting H-1 stamped is better in Canada / Mexico than in India?

[shervin143]

So I am now back in the US on H4 visa and my employer has filed my new H-1. Is there any possible chance or my right to check the documents my employer has filed this time so I can avoid this rejection chances at the US consulate next time?
>>> No. Your only option is to check with the employer. If your H1B petition gets approved, it doesn't mean that during your visa interview you will not receive a 221g requesting the same set of documents again.

Also, this time I am planning to get it stamped in Canada or Mexico. Do you think the chances of getting H-1 stamped is better in Canada / Mexico than in India?
>>> It is all the same. You have all the required documents and if you can prove the employer-employee relationship, you will get the visa or else it will get rejected or will go into admin processing. Btw, visa is only an entry document to U.S. If your H1B approval comes with a new I-94 attached, then you can start working. You will need the H1B visa stamped only when you leave the country and want to re-enter in H1B status.

[Sunnyhouse252]

Hi

Thanks.

Have another question. Can I start working and get paid once my H1-B documents are received by the USCIS, or have to wait till the approval comes?

[shervin143]

You cannot work until your status chnages to H1B. There is a premium processing that will get you the result within 15 days.

Thanks.

Have another question. Can I start working and get paid once my H1-B documents are received by the USCIS, or have to wait till the approval comes?

[sweaty100]

Hi Sunnyhouse252,
When you went for H4 stamping, did they ask u some questions about ur H1 b rejection? which consulate did you go to? Please let me know. Thanks for your help.

[Sunnyhouse252]

Hi

They did not ask me any questions for my H-1 Rejection, but they did mention that on the records, it shows that my H1 was denied. Make sure you know all the details about your spouse's work and office location. The VOs like to know..if you are aware about it.

[Sunnyhouse252]

Hi

You cannot work until your status chnages to H1B. There is a premium processing that will get you the result within 15 days.

Thanks Shervin. My H-1 B got approved today and it was done in premium processing itself.

Now will hold on to it for sometime.

Any tips for:

From my perspective: What should be the checklist in order to avoid a 221(g) again in future?
Planning to go to India again this year in Dec - Jan 2012/13, So can I get the visa stamped somewhere else (Other than any consulate in India - if there is even a slight higher possiblity of getting the approved visa elsewhere in the world.)?

Thanks again.

[shervin143]

From my perspective: What should be the checklist in order to avoid a 221(g) again in future?
>>> Working for an employer who follows the H1B regulations and one that can provide any doucments that is required, Workingf or a fulltime employer rather than a consultancy company, carrying all the necessary documents, mainatining the status when you are in U.S etc are few things that can help you avoid 221g. But even with all these, there are people who have got 221gs.

Planning to go to India again this year in Dec - Jan 2012/13, So can I get the visa stamped somewhere else (Other than any consulate in India - if there is even a slight higher possiblity of getting the approved visa elsewhere in the world.)?
>>> Yes. You are allowed to take the visa interview at any U.S consulate in India.