H1B, H4 Visa

I wanted to share my experience in case it helps someone in the future.

I had to make an unplanned trip to India in June due to a medical emergency in the family. I was eligible for Dropbox, and so I dropped the passports in the last week of June. The passports were returned with the blue slip requesting me to attend the interview. So I attended the interview in the first week of July. After the interview, I was issued another 221g requesting to email the tax returns of my employer for the past 2 years. It was responded to in mid-July. After waiting for 10 working days, the employer emailed the consulate requesting to expedite the processing citing the reason for my travel. The next day the employer received a response saying that the beneficiary (me) should email the consulate with the reasons to expedite. The same day I received an email from the consulate with another 221g, this time asking for further breakdown of the tax details filed under form 1125A. This too was responded by the first week of August. After waiting for another 10 days, I emailed the consulate explaining the reason for my travel and also highlighting that the school for my daughter was starting the same day and she is going to get un-enrolled if she cannot make it back in two weeks time. The next day I received a response from the consulate expressing their sympathies, and apologizing for the inconvenience, but stating that they need more time to complete the admin processing.

While the process with Employer A was going on, I was offered a new job by Employer B, which I accepted. So Employer B filed for a new petition which was approved by the 3rd week of August. There were no immediate consular appointments available at that time and I was not sure if I would qualify for dropbox this time as my previous application was under admin processing. So I asked the attorney from Employer B that if a 221G is considered a denial. While I was waiting for the attorney to get back on this (around 2 days), a few appointment slots opened up in the Indian consulates and so I scheduled the appointment. If appointments were not available, I was considering the following two options
1. Do the dropbox
2. Go to a US consulate outside of India

I was later advised by the attorney that 221g is not considered as a denial. Since I got the appointment, I was suggested by the attorney B to email the consulate to withdraw my first application (currently under admin processing), which I did. So I attended the consular interview in the first week of September.

At the consulate, I was send to the same counter as last time (where I got the previous 221g). After the VO did the initial screening and based on the data in the system, the VA figured that the officer had screened me once before. So the VO asked if I am abandoning the old application. I replied Yes. After spending a few minutes on the computer, the VO told me that since he has screened me once in the past, I should go to another counter.

So I went to the next counter, where VO2 did my interview. I was asked if I resigned from my current job. I responded that I have not resigned yet, but I intend to do so soon. I was given a white form on which I was asked to make a written statement that I intend to resign from my current job and that I am withdrawing my previous application. I provided this statement. The VO later asked for the H1B filing documents and then the standard questions about the petitioner, location, salary etc. And finally he said the visa is approved and wished us safe travels.

So here are a few things I learned during this nearly 3 months long ordeal

1. If possible, attend the consular interview with your family
2. If you are in consulting or working for small consulting companies, expect delays.
3. Always have a plan B.
4. 221 G is not considered a denial. So if you received a 221g, you do not have to mention it as a denial while filling DS160.
5. It is possible to apply for the visa with a new petition while the old application is in admin processing.
6. There is no need to withdraw the previous application via email ahead of time. You can do so at the consulate when you are attending the interview.
7. The consulate staff reads your emails and responds after looking at your case details.
8. If consulate appointments are not available immediately, the slots might open up in between. So keep checking the scheduling portals for available slots.
9. If your second petition is through a new employer, you are not in any higher risk because the first application is in admin processing. I believe these two applications are considered as separate ones.

I hope this helps someone. Good luck guys.