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H1 Petition Approved but got 221G

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  • H1 Petition Approved but got 221G

    My petition is approved in 2015 but when I went for the stamping they gave me a white 221G slip and asking for Client Letter mentioning that Client have a vacancy for me.

    When my H1 was filed I was working with Client A but now my project and Client is changed to Client B. Hence My queries are:

    1. Is it possible to provide the Client Letter and SOW for the Client B, if yes what kind of administrator process will take place and approx how much time it will take.
    2. If the Client B is not willing to give the Client Letter and since I have an approved Petition, can I go with other Employer who can provide me the required document. If yes, do my current employer have right to deny my H1 Petition?

    Please suggest.

  • #2
    Originally posted by mine.visa View Post
    My petition is approved in 2015 but when I went for the stamping they gave me a white 221G slip and asking for Client Letter mentioning that Client have a vacancy for me.

    When my H1 was filed I was working with Client A but now my project and Client is changed to Client B. Hence My queries are:

    1. Is it possible to provide the Client Letter and SOW for the Client B, if yes what kind of administrator process will take place and approx how much time it will take.
    2. If the Client B is not willing to give the Client Letter and since I have an approved Petition, can I go with other Employer who can provide me the required document. If yes, do my current employer have right to deny my H1 Petition?

    Please suggest.
    Your employer needs to first need to get new LCA (if different location) and H1 amended to reflect the new client location. The amendment would get you a new I797 and then you can use that to go for stamping.

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks for the quick reply Raghvi.

      What about If the Client B is not willing to give the Client Letter and since I have an approved Petition, can I go with other Employer who can provide me the required document. If yes, do my current employer have right to deny my H1 Petition?

      Comment


      • #4
        Originally posted by mine.visa View Post
        My petition is approved in 2015 but when I went for the stamping they gave me a white 221G slip and asking for Client Letter mentioning that Client have a vacancy for me.

        When my H1 was filed I was working with Client A but now my project and Client is changed to Client B. Hence My queries are:

        1. Is it possible to provide the Client Letter and SOW for the Client B, if yes what kind of administrator process will take place and approx how much time it will take.
        2. If the Client B is not willing to give the Client Letter and since I have an approved Petition, can I go with other Employer who can provide me the required document. If yes, do my current employer have right to deny my H1 Petition?

        Please suggest.
        You are not getting the point that the current petition that you have in hand was approved only for Client A's location. So a change with respect to client and location would need an amendment to underlying petition first. You cannot use the same petition for a different client/location combination. As for employer denying the petition, the employer has right to ask USCIS to revoke the petition if they want to.

        This is my opinion not legal advice.

        Comment


        • #5
          Request for sample of letter from client regarding vacancy

          Hi,
          I gave an interview today on 25th Feb 2019 in Mumbai and got a 221G Yellow, asking for client letter stating there is a vacancy for me. I am requesting anyone to share a tempalte of this which I can give to my end client. Your help is highly apprecaited.

          Thanks,
          Vikram

          Comment

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