2 H1b's are Approved and 1 in Admin processing! Need help!!

[gpn]

Hi,

I am working with Employer A since past 3years and, the H1b petition was filed for me, by Employer A, as well as Employer B(New Employer).
I attended my Visa Stamping interview in August, and they issued me a 221g White slip, asking for the client letter. My Employer B provided me with a email conversation with a client, confirming my role in the project. And, I have forwarded the same to the consulate. But, since past 1 month, my status is in Admin Processing.
Now, my current employer A, is pressurizing me to go for the H1b stamping interview with their approved petition and, they have no idea about my other petition.
My questions are:
1. What are the possibilities that my VISA from Employer B, which is in Admin processing, gets accepted?
2. If i go for a interview through my Employer A's petition, will there be any cases of refusal or 221g, based on my previous 221g?
3. What should I say to the VO, if he/she questions me about my previous 221g, during the interview?
4. Please suggest me with the better option.

Thanks in advance!!

[raghvi]

Hi,

I am working with Employer A since past 3years and, the H1b petition was filed for me, by Employer A, as well as Employer B(New Employer).
I attended my Visa Stamping interview in August, and they issued me a 221g White slip, asking for the client letter. My Employer B provided me with a email conversation with a client, confirming my role in the project. And, I have forwarded the same to the consulate. But, since past 1 month, my status is in Admin Processing.
Now, my current employer A, is pressurizing me to go for the H1b stamping interview with their approved petition and, they have no idea about my other petition.
My questions are:
1. What are the possibilities that my VISA from Employer B, which is in Admin processing, gets accepted?
2. If i go for a interview through my Employer A's petition, will there be any cases of refusal or 221g, based on my previous 221g?
3. What should I say to the VO, if he/she questions me about my previous 221g, during the interview?
4. Please suggest me with the better option.

Thanks in advance!!

1. Email exchanges are not a very strong proof about the client having work for you. I would not bet on the fact that merely on the basis of emails exchanged between your end client and employer the 221G will get resolved.
2. No what generally happens is that they will ask you to write a letter to withdraw the earlier application.
3. You mention what is the truth.
If you really want to work with B, ask them to get a client letter on client's letter head. If they cannot give the employer a pass and find a better employer if you dont want to work with A. As it is you have got a petition approved, so if you dont really want to work with A, I would still suggest to go ahead with stamping for A and once in US, work for them for a few months and try to find a better employer than A and B, and once you get another employer C willing to petition for you, using A's petition ask C to file a cap exempt petition.

This is my opinion not legal advice.

[gpn]

Hi,

Thanks a lot for your suggestions!! I really appreciate your quick response!
I just want to know few more things.
1. Would it be better to withdraw the pending petition before I proceed with the interview formalities with my Employer A? If so, please let me know the procedure for it?
2. While filling my DS160 again for my Employer A, do I need to mention about this pending petition from Employer B?

Thanks again!!

1. Email exchanges are not a very strong proof about the client having work for you. I would not bet on the fact that merely on the basis of emails exchanged between your end client and employer the 221G will get resolved.
2. No what generally happens is that they will ask you to write a letter to withdraw the earlier application.
3. You mention what is the truth.
If you really want to work with B, ask them to get a client letter on client's letter head. If they cannot give the employer a pass and find a better employer if you dont want to work with A. As it is you have got a petition approved, so if you dont really want to work with A, I would still suggest to go ahead with stamping for A and once in US, work for them for a few months and try to find a better employer than A and B, and once you get another employer C willing to petition for you, using A's petition ask C to file a cap exempt petition.

This is my opinion not legal advice.

[raghvi]

Hi,

Thanks a lot for your suggestions!! I really appreciate your quick response!
I just want to know few more things.
1. Would it be better to withdraw the pending petition before I proceed with the interview formalities with my Employer A? If so, please let me know the procedure for it?
2. While filling my DS160 again for my Employer A, do I need to mention about this pending petition from Employer B?

Thanks again!!

1. Yes I would say so. I dont know any official way, write to the consulate asking them the process to do so. Mostly it will be as simple as giving it in writing along with the petition details.
2. I dont think so.

This is my opinion not legal advice.

[gpn]

1. Yes I would say so. I dont know any official way, write to the consulate asking them the process to do so. Mostly it will be as simple as giving it in writing along with the petition details.
2. I dont think so.

This is my opinion not legal advice.

Hi,

Thanks for all your inputs. I need 1 last suggestion from you(Probably!). I had called the consulate and asked for the procedure to withdraw the petition. And, as they said I put a mail to [email protected]. Today, I got a response from them, asking me to submit a notorized statement with the reason. Could you please tell me what reason can I specify there, so that it won't affect my interview through Employer A?

Thanks alot for your help!!!