Please help-- 221 g process DS agent came to US home for inquiry

[pranavpatil0702]

Hi,
I really need experts help on my Wife H1B case. My Wife went India for H1B stamping. She came to US in June 2014 (first visit to US) on H4 visa. Her H1B petition is approved. She Went to Mumbai, India for H1B stamping. Her Visa is in 221 g now. Her H4 visa is still valid. Employer submitted documents one month back to support H1B case. Agent from US department of state Diplomatic Security Services came to Our home in US( Where I am currently staying) for inquiry.

He asked me some basic questions about wife H1B petition , client .I call My wife and handed over call to Agent to answer Agent's question. He noted down all things and ask me to contact them once my Wife come to US.


I told him, she do not wish to come on H4 visa. Agent told me, she may come to US on H4 or H1B visa and meet them. He will submit this information for further process and USCIS will take decision on her H1B visa.


Question : Will it create any issue for H1B visa? What would be purpose behind asking us to meet them personally once my wife come to US? So far, I did not hear that DS agent comes to employees home for inquiry. ( This address was mentioned on DS160 form).


I really need experts advise on same.

Thanks,
Pranav

[raghvi]

Hi,
I really need experts help on my Wife H1B case. My Wife went India for H1B stamping. She came to US in June 2014 (first visit to US) on H4 visa. Her H1B petition is approved. She Went to Mumbai, India for H1B stamping. Her Visa is in 221 g now. Her H4 visa is still valid. Employer submitted documents one month back to support H1B case. Agent from US department of state Diplomatic Security Services came to Our home in US( Where I am currently staying) for inquiry.

He asked me some basic questions about wife H1B petition , client .I call My wife and handed over call to Agent to answer Agent's question. He noted down all things and ask me to contact them once my Wife come to US.


I told him, she do not wish to come on H4 visa. Agent told me, she may come to US on H4 or H1B visa and meet them. He will submit this information for further process and USCIS will take decision on her H1B visa.


Question : Will it create any issue for H1B visa? What would be purpose behind asking us to meet them personally once my wife come to US? So far, I did not hear that DS agent comes to employees home for inquiry. ( This address was mentioned on DS160 form).


I really need experts advise on same.

Thanks,
Pranav

It is strange. But few questions; How big is your spouse's H1 employer? Did you pay for the H1? Did your spouse apply for work from home option?

This is my opinion not legal advice.

[pranavpatil0702]

It is strange. But few questions; How big is your spouse's H1 employer? Did you pay for the H1? Did your spouse apply for work from home option?

This is my opinion not legal advice.

Hi Raghvi,
Thanks for reply. My Spouse H1B employer is small firm having just 10 employees. Employer did not ask for Visa fee. It was sponsored visa. My Spouse did not apply for work from home option.
Could you please let us know, what are chances of visa approval and next steps that will be taken as part of administrative process. We called employer and he said , we have to wait for 221g process to get complete. he cant help. He has already submitted required documents ( Client letter and Project description) and nothing is pending from their side.

How soon we can hear back any updates on case?



Thanks,
Pranav

[raghvi]

10-100 Employees company sponsoring H1 are scrutinized more by the USCIS because of lot of misuse in the past. But as long as employer is genuine and has genuine work and they can demonstrate that, it should convince USCIS.

If your spouse wants to enter only on H1 then she has to wait for the admin processing to complete. One thing the employer can do is upgrade to premium to get a faster decision, but that will cost an additional 1200+ Dollars


This is my opinion not legal advice.

[pranavpatil0702]

10-100 Employees company sponsoring H1 are scrutinized more by the USCIS because of lot of misuse in the past. But as long as employer is genuine and has genuine work and they can demonstrate that, it should convince USCIS.

If your spouse wants to enter only on H1 then she has to wait for the admin processing to complete. One thing the employer can do is upgrade to premium to get a faster decision, but that will cost an additional 1200+ Dollars


This is my opinion not legal advice.

Hi Raghvi,
Employer is genuine and submitted required documents within 4 business working days of administrative process.
Is it possible to upgrade administrative process to premium ?

Employer is not ready for change of status (H4 to H1) and asking to wait for stamping.

I am planning to ask her to come US on H4 visa and look for change of employer who can transfer visa with change of status from H4 to H1B .Finding new employer is again big task .

If I ask my spouse to come US on H4 visa, will consulate think, my wife is in no hurry to get H1B and happy with H4? Travel back to US on H4 , will it create issue and delay H1B process?


Thanks,
Pranav.

[raghvi]

Hi Raghvi,
Employer is genuine and submitted required documents within 4 business working days of administrative process.
Is it possible to upgrade administrative process to premium ?

Employer is not ready for change of status (H4 to H1) and asking to wait for stamping.

I am planning to ask her to come US on H4 visa and look for change of employer who can transfer visa with change of status from H4 to H1B .Finding new employer is again big task .

If I ask my spouse to come US on H4 visa, will consulate think, my wife is in no hurry to get H1B and happy with H4? Travel back to US on H4 , will it create issue and delay H1B process?


Thanks,
Pranav.

It is possible to upgrade to premium.

Officers dont think as you are perceiving, they also have to justify and documens reasons for their decisions. She can enter US on H4 and another employer can file a H4 to H1 COS. I would suggest get associated with large employers as chances of COS success are good. If the skill sets are in demand she would be able to get another employer.

This is my opinion not legal advice.

[pranavpatil0702]

It is possible to upgrade to premium.

Officers dont think as you are perceiving, they also have to justify and documens reasons for their decisions. She can enter US on H4 and another employer can file a H4 to H1 COS. I would suggest get associated with large employers as chances of COS success are good. If the skill sets are in demand she would be able to get another employer.

This is my opinion not legal advice.

Hi Raghvi,
Thank you so much for your guidance. Things are very clear now to us.

Thanks,
Pranav

[nsw2719]

10-100 Employees company sponsoring H1 are scrutinized more by the USCIS because of lot of misuse in the past. But as long as employer is genuine and has genuine work and they can demonstrate that, it should convince USCIS.

If your spouse wants to enter only on H1 then she has to wait for the admin processing to complete. One thing the employer can do is upgrade to premium to get a faster decision, but that will cost an additional 1200+ Dollars


This is my opinion not legal advice.

Hi Raghavi,
I just stumbled on this thread, interesting point you mentioned. Can you please give some more information, how can I/employer apply for premium processing of AP? It would be great help if you can provide some more information on this premium processing.