Initiating L1B (while being handed 221g recently)?

[akhil_agarwal1]

Hi,

I have a H1B petition (approved in FY10 cap, and visa not yet stamped) thru my ex employer 'XYZ'. As of now i am working for employer 'ABC' (for the last 2 years).
Recently i got that petition trasfered (from my ex-employer 'XYZ') to another employer 'D' (I was looking for a job oppurtunity with this employer 'D' who is based out of US).
After the transfer i went for the visa interview (at the Mumbai Consulate) where i was handed a 221g (blue slip).
Now I have passed on the details to my perspective new employer 'D' and they will be submitting the documents to VO (as part of response to the 221g).

The issue which i am facing now is that my current employer 'ABC' (who is unaware of all this) has asked me to initiate a L1B (as they have a urgent role for me).
So few questions which i have in mind are:

1. Given my current scenario (i.e. a new employer 'D' filing a response for my 221g) is it feasible / suggested to go for a parallel L1B processing without hampering my H1B case ?
2. If i go ahead with this parallel processing then can it cause any problem ? e.g. after pursuing my H1B 221g suppose it gets cleared and I am asked by the consulate / VO to submit my passport for stamping, and at the same time i have a L1B interview scheduled then how can this be taken care of ?
3. Also, any idea with the timelines on the 221g processing ? like how much time does these people take to respond/resolve ?


What happens if my L1 gets approved (and i fly to US) and after reaching US my pending 221g gets cleared and i am asked by the consulate (in India) to submit my passport for stamping. Is this kind of scenario feasible / possible ?

[shervin143]

1. Given my current scenario (i.e. a new employer 'D' filing a response for my 221g) is it feasible / suggested to go for a parallel L1B processing without hampering my H1B case ?
>>> Possible.

2. If i go ahead with this parallel processing then can it cause any problem ? e.g. after pursuing my H1B 221g suppose it gets cleared and I am asked by the consulate / VO to submit my passport for stamping, and at the same time i have a L1B interview scheduled then how can this be taken care of ?
>>> You can have only one work visa at a time. Either H1B or L1. Decide what whom you really want to work and plan accordingly.

3. Also, any idea with the timelines on the 221g processing ? like how much time does these people take to respond/resolve ?
>>> No one can predict that as they are case by case basis.

What happens if my L1 gets approved (and i fly to US) and after reaching US my pending 221g gets cleared and i am asked by the consulate (in India) to submit my passport for stamping. Is this kind of scenario feasible / possible ?
>>> It is quite possible if you don't withdraw the H1B application after getting the L1 stamped. If you decide to get the H1B stamped, then you have to return back to submit your passport. Your L1 will be cancelled when you submit your passport for H1B.

[akhil_agarwal1]

Thanks

[akhil_agarwal1]

Hi Shervin,

I have a H1B petition (approved in FY10 cap, and visa not yet stamped) thru my ex employer 'XYZ'. As of now i am working for employer 'ABC' (for the last 2 years).
Recently i got that petition trasfered (from my ex-employer 'XYZ') to another employer 'D' (I was looking for a job oppurtunity with this employer 'D' who is based out of US).
After the transfer i went for the visa interview (at the Mumbai Consulate) where i was handed a 221g (blue slip).
Now I have passed on the details to my perspective new employer 'D' and they are working on the response to 221g.

Meanwhile, another new employer (employer 'E') is willing to sponsor my H1B. So few questions which i have in mind are:

1. Can i pass on my petetion details to this new employer 'E' for H1B transfer? Will it cause any problem (i.e. employer 'D' filing response for 221g and employer 'E' initiating another transfer).

In case there is no issue in doing so, then what happens under the following circumstances:

Scenario 1: H1b is transfered succesfuly by Emp 'E' followed by a successful visa stamping (for emp 'E'). Meanwhile the 221g is still being processed for Emp 'D'.
Question: Now can i join/work for emp 'D' in US (on Emp 'E' visa and emp 'D' i797) ?

[shervin143]

1. Can i pass on my petetion details to this new employer 'E' for H1B transfer? Will it cause any problem (i.e. employer 'D' filing response for 221g and employer 'E' initiating another transfer).
>>> Possible. There will be no issues.

In case there is no issue in doing so, then what happens under the following circumstances:

Scenario 1: H1b is transfered succesfuly by Emp 'E' followed by a successful visa stamping (for emp 'E'). Meanwhile the 221g is still being processed for Emp 'D'.
>>> If the transfer gets approved and you want to get the visa stamped based on employer E's petition, then you will have to withdraw employer D's petition first. You cannot apply for two H1B visas at the same time.

Question: Now can i join/work for emp 'D' in US (on Emp 'E' visa and emp 'D' i797) ?
>>> Possible. You should work for whichever employer's approval notice you show at the POE.

[akhil_agarwal1]

So..withdrawing the visa application (for Emp 'D') wont impact the H1B petition (for emp'D'). Right?

Also, can i initiate the withdrawal process (or does it needs to be done by my employer ...i.e. emp 'D') ?

If i can initiate the withdrawal process, then is it required to convey the same to the employer/petitioner/sponser (or does the withdrawal process notify them) ?

Also, where can i find the process for withdrawing the application ?

[shervin143]

So..withdrawing the visa application (for Emp 'D') wont impact the H1B petition (for emp'D'). Right?
>>> No impact on the petition.

Also, can i initiate the withdrawal process (or does it needs to be done by my employer ...i.e. emp 'D') ?
>>> Visa application is yours. Your employer cannot withdraw it. They can only withdraw the petition.

If i can initiate the withdrawal process, then is it required to convey the same to the employer/petitioner/sponser (or does the withdrawal process notify them) ?
>>> You need to inform them. It is not the consulate's job to do that.

Also, where can i find the process for withdrawing the application ?
>>> There is no process. Just send a letter. Talk to VFS helpdesk for more details.