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Stuck in H1B stamping, please advice!

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  • Stuck in H1B stamping, please advice!

    Hi All,
    Last week I went to consulate for stamping but it didn't go well because of no client letter. My employer wanted stamping on inhouse project!!! The lady told me either withdraw the application myself or they will send request to USCIS for revoking the petition. She gave me while paper 221(g) mentioning mail id [email protected] to send the client letter (if I can arrange) and checked the check mark under Administrative Processing. She gave me 2 days of time.
    Still I am not able to arrange anything. My employer is saying that they can't provide client letter since it is inhouse project. They are saying that same project will be updated on company site. BTW, she returned my passport.

    Now, please let me know what should I do? Should I withdraw my application or let them start their possible action. What is worst and best scenario here that can happen?
    I am worried about my H1B status. Will I have to go through lottery system again? OR finding a new employer will be sufficient. What about the Petition approval. Will it be changed with new employer?

    Pleae help.

    Thanks,
    vicky

  • #2
    Please reply. I am in big trouble. I want to resolve the situation asap before it gets worse.

    Comment


    • #3
      To be safe one should avoid going ahead with H1 stamping for an internal project unless its a big product based company.

      Now you have two option either withdraw the application, or submit ample documentation, project plan, project deliverables, marketing plan, end product/service prototype plan etc about the internal project. After all, why is the company calling you to US for an internal project when the project is not going to be marketed/sold?

      This is my opinion not legal advice.

      Comment


      • #4
        Originally posted by raghvi View Post
        To be safe one should avoid going ahead with H1 stamping for an internal project unless its a big product based company.

        Now you have two option either withdraw the application, or submit ample documentation, project plan, project deliverables, marketing plan, end product/service prototype plan etc about the internal project. After all, why is the company calling you to US for an internal project when the project is not going to be marketed/sold?

        This is my opinion not legal advice.
        I don't have all these papers. So what can be worst case if I withdraw the application or with the default processing of USCIS. I am only worried about my H1B status. Can there be any case where I need to go through lottery system again or I am exempt with that and any employer can come to with new Petition (or same petition)?

        Thanks,
        Vicky

        Comment


        • #5
          Originally posted by VickyB View Post
          I don't have all these papers. So what can be worst case if I withdraw the application or with the default processing of USCIS. I am only worried about my H1B status. Can there be any case where I need to go through lottery system again or I am exempt with that and any employer can come to with new Petition (or same petition)?

          Thanks,
          Vicky
          I dont think you will be cap exempt as the H1 petition itself would most likely be revoked because it was erroneously approved by USCIS. Based on additional facts that the employer doesnt have genuine work for you USCIS will most likely revoke it. I am afraid if you cannot provide genuine documents you would have to go through the cap again in the future , and if there is lottery again you would have to go through the lottery again.

          This is my opinion not legal advice.

          Comment


          • #6
            Originally posted by raghvi View Post
            I dont think you will be cap exempt as the H1 petition itself would most likely be revoked because it was erroneously approved by USCIS. Based on additional facts that the employer doesnt have genuine work for you USCIS will most likely revoke it. I am afraid if you cannot provide genuine documents you would have to go through the cap again in the future , and if there is lottery again you would have to go through the lottery again.

            This is my opinion not legal advice.
            Here I doubt because same case happened last year with my friend. And later he got a different petition through new employer and got stamping then!
            Any idea?

            Comment


            • #7
              Originally posted by VickyB View Post
              Here I doubt because same case happened last year with my friend. And later he got a different petition through new employer and got stamping then!
              Any idea?
              VickyB: what happened to your situation? What did you do? Can you explain your friends situation a bit more explicit.

              Comment

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