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h1 & h4 stamping Delhi consulate, white slip. help!

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  • h1 & h4 stamping Delhi consulate, white slip. help!

    My case is a little complex. I was issued H1B from Company A in 2007 and traveled for Company A in Feb 2010, I worked for company A at Client X and Company A applied for my extension (since my visa was expiring), it got approved. Mean time I planned join company B and company B applied for my transfer having my work location as same client X, transfer approved. I came to India in Nov 2011 as per Company B approved petition and went for stamping but received 221g yellow slip and my case was kept into Admin Processing. i submitted all the documents they requested. Few month passed and i was still working for the same client remotely from India.

    After waiting for a couple of month when i did not get any resolution, I applied for company C, which was prime vendor for company X.. My petition got approved and i went for interview in July 2012 though company C. My visa was again put on Admin Processing and i was issued Green Slip with only one additional document request i.e. list of petitioners employee which i submitted in July 2012. I kept waiting and working from remote but since I did not hear i contacted my lawyer and they filed an application with USCIS as reaffirmation.

    I Received approval on the reaffirmation on 6th June. In the mean time i also received a letter to revoke my petition through which i appeared in July 2012 but good thing was my reaffirmation was approved before revocation of my earlier petition.

    Based on new approved I797 from Company C, I went for the interview again on June 27th 2013 at Delhi consulate along with my wife as i got married. VO asked a couple of question including my W2, Client Letter, previous approved petition copies, My US 2012 Tax return, passports (old and new), wife's passport. i provided all except W-2 and previous petition as i did not carry it and asked him if i can provide the W-2 and previous petition by tomorrow but he did not asked it. VO also mentioned if my petition was revoked, i promptly replied as YES (to his question if my last petition was revoked and also apologized for missing it on DS160). he asked me and my wife wait for some time as he needs to check few things. we waited for 2 hrs and after all applicants were done he called us and informed my case needs additional review and issued 221g white slip with no documents requested check box "Other" Checked and kept our passport, I797 along with tax return and client letter.

    A few days back my passport status was showing as " passport still with post" but now it is showing as " no status available" and case creation date and interview date remains as 25th and 27th June respectively and status as "admin processing".


    Note: In US, i worked with same client during my employment with the all three companies.

    Have anyone else faced similar situation and what are the chances i have to get the visa. any input on the same will be much appreciated.
    Thx

  • #2
    From your post it is not clear which petitions were revoked and which one was reaffirmed. There are many things you should understand, there are many different parties involved in this process, the three different employers (A, B, and C), the consulate (Department of State) and USCIS. Each have their own role and process in this.
    Your passport status on Stanley website is nothing but passport delivery status. It has nothing to do with the outcome of your Visa application.
    The application status (admin processing) is updated by the consulate, however unfortunately it is not very transparent. Generally, such cases are resolved in 2 to 3 months. However, there are people who have faces longer wait times. In case of consulting companies, the most common problem is lack of employee-employer relationship.

    It is important to know which petition was revoked, was it C's petition or B's petition or A's petition?
    This is my opinion and not legal advice.

    Comment


    • #3
      h1 & h4 stamping Delhi consulate, white slip. help!

      Hi kabkaba,
      Thanks for your comments.
      It was C,s first petition which was revoked but before that was revoked the reaffirmation(with different EAC # was approved) through the same employer based on which I appeared for interview last month.

      Your expert comment is much appreciated.

      Thanks,

      Comment


      • #4
        That is strange. Did they file a new petition or did they make some amendments to the same old petition? Also,what was this revocation that you mention? Did USCIS send a letter to C stating that the petition is revoked or was it the notice of intent to deny'? The later is the norm. Or it wasn't from USCIS to C, but just a request to revoke sent by the consulate to USCIS.
        If this new petition receipt number that you mention is a separate petition, that was never revoked, did you use that to apply for the Visa? (Enter the new EAC number in your DS160 application?). You should have answered accordingly.
        If the new petition (reaffirmed) was in-fact an amendment to the old petition, the last decision on that is revocation.
        This is my opinion and not legal advice.

        Comment


        • #5
          h1 & h4 stamping Delhi consulate, white slip. help!

          Hi kabkaba,

          I think the 2nd petition filed from C was for extension since my previous petition (1st petition from C) was approved for a year only which was due to expire in a month when 2nd was filed. There was an email from USCIS to lawyer stating we intent to revoke (the 1st petition). I think since each case is treated differently, they approved my extension but revoked my previous petition. Based on the new approved extension I and my wife appeared for interview last month on 27th at Delhi consulate and we were given 221g white slip with no doc requested. Officer kept our passports and I797 original.

          Comment


          • #6
            That makes it clear.
            Notice of intent to revoke is not the same as revoke. But if C did not response to the notice, it may have been revoked. But what was revoked was a different petition, not the current one which you used to apply for the Visa.

            What was approved (not re-affirmed) was a new petition (extension is a new petition).

            All this is good, probably they are taking longer because they need time to understand this situation. I think the Visa will be approved, but one cannot say how long it will take. 2 to 3 months is my expectation. Wish you the best.
            This is my opinion and not legal advice.

            Comment


            • #7
              h1 & h4 stamping Delhi consulate, white slip. help!

              Hi kabkaba,

              Thanks for your valuable comments.
              When I appeared for the interview officer asked me w2 and previous petitions which I missed to carry but offered apology & provided my tax return, client letter etc requesting if I could submit those w2/ previous petition tomorrow but he did not ask for it. Is there anyway I submit it if not requested on the white slip?

              Thanks!

              Comment


              • #8
                I think the Visa will be approved, but one cannot say how long it will take.


                Comment

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