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Passport collected at the interview, cancelled without prejudice, 221g white

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  • Passport collected at the interview, cancelled without prejudice, 221g white

    I had gone for my H1 interview on 28th October. My petition was filed for an internal project by the company. However the interviewer didn’t ask me many questions. He didnt ask me any question on whether this is an internal project or client requirement. He took my passport saying that you are going on H1

    After 2-3 days when I went to collect my passport, the visa was stamped but there was a rubber stamp on that saying that Cancelled without prejudice. Also attached was a 221g form (white) asking me for client documents.
    I talked to my company and they said since they had filed for an internal project they will state the same as the response.

    What are the chances of my visa getting approved.
    How much time they take for deciding
    If they reject the visa, can any other employer file a cap-exempt visa on the same petition

    Please help

  • #2
    Originally posted by VG1 View Post
    I had gone for my H1 interview on 28th October. My petition was filed for an internal project by the company. However the interviewer didn’t ask me many questions. He didnt ask me any question on whether this is an internal project or client requirement. He took my passport saying that you are going on H1

    After 2-3 days when I went to collect my passport, the visa was stamped but there was a rubber stamp on that saying that Cancelled without prejudice. Also attached was a 221g form (white) asking me for client documents.
    I talked to my company and they said since they had filed for an internal project they will state the same as the response.

    What are the chances of my visa getting approved.
    How much time they take for deciding
    If they reject the visa, can any other employer file a cap-exempt visa on the same petition

    Please help
    It seems they granted visa but later on based on additional screening (employer history etc) decided that there was not enough information for the project , so they may have cancelled it.

    As to chances, it depends how strong documentation is with respect to the internal projects. Internal projects are always looked upon with doubt especially for services companies, and more so for consulting staffing companies. Generally internal projects needing skilled labor are more relevant for product based companies.

    No one can predict the time it will take, what you can do is reply to 221G asked documents in as much detail , as soon as possible.

    If that happens, generally consulate will send the petition back to USCIS for revocation, if USCIS finds merit in revoking it(by determining that the initial petition itself by your employer was filed without any concrete underlying work) than you will no longer be considered cap exempt and another employer cannot use it . Generally during USCIS checks they will ask the employer to provide more evidence for project details etc, and will revoke only if the response is not satisfactory.

    This is my opinion not legal advice.

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