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H1 transfer during 221G Administrative Processing

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  • H1 transfer during 221G Administrative Processing

    Hello,

    recently i went Chennai for H1 Visa stamping and was issued 221g. Currently my case is in Administrative processing for 6 weeks now.
    I am from a small consulting company and that may cause issue/delay.
    Meanwhile my client might give direct employment , if this happens can i withdraw my application to the Chennai consulate and get my H1 transferred to the new employer and go to Chennai for stamping again?

    Thanks

  • #2
    Admin processing can be for any reason. They do it to check your background as well (maybe some one with your name did something and USCIS want to make sure that it is not the same person who is applying for the visa). You can withdraw the application and do what you have mentioned in your post. However, that will not completely prevent you from ending up with an admin process again when you go stamping with the new company's petition.
    Last edited by shervin143; 01-28-2010, 06:05 PM.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      thanks shervin,

      got your point , but i think it can be due to my consulting company which is 20 people and with recent memo H1 B should be directly working with Client. In my case i have 2 layers W->X->Y-Z(this is my consultant company) . to be clear ,i was issued 221g blue form and is in administrative process.

      What you think would be the best bet here i should take?

      Thanks
      Rajendra
      Last edited by rajendrakj; 01-28-2010, 08:49 PM.

      Comment


      • #4
        It is hard to predict if there is nothing marked in the 221g form. The transfer will take 2-3 months by normal process. Even if they do premium, it would take 15 days and then for you to receive the original from then, it might take another week or so. Finally you need to get the passport back and book a new interview. This could take anywhere between a month or more. So plan accordingly. Get the passport back from the consulate only when you are ready to book a new appointment (after receiving the approval notice for the new company).

        If the admin process is for something else, then you might end with the same 221g again. So plan accordingly.



        Originally posted by rajendrakj View Post
        thanks shervin,

        got your point , but i think it can be due to my consulting company which is 20 people and with recent memo H1 B should be directly working with Client. In my case i have 2 layers W->X->Y-Z(this is my consultant company) . to be clear ,i was issued 221g blue form and is in administrative process.

        What you think would be the best bet here i should take?

        Thanks
        Rajendra
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Sorry , i had to give more inputs. in the 221 g form they had requested all employer details like tax report,no of employees etc this made believe its employer issue because I had earlier stamping for her B1/L1 and never this happened.

          Also the client is ready to wait and will process premium which is 15 days. So from your inputs it looks like we can withdraw and approach again with new petition from the new employer. I wont do this immediately plan to wait for 15 days and when things are set and petition is transferred then i will try this.

          i hope in another 15 days i get my visa normal way and dont have to do this.

          thanks Shervin for your inputs , really appreciate it

          Comment


          • #6
            Please share your experience to us.

            Originally posted by rajendrakj View Post
            Sorry , i had to give more inputs. in the 221 g form they had requested all employer details like tax report,no of employees etc this made believe its employer issue because I had earlier stamping for her B1/L1 and never this happened.

            Also the client is ready to wait and will process premium which is 15 days. So from your inputs it looks like we can withdraw and approach again with new petition from the new employer. I wont do this immediately plan to wait for 15 days and when things are set and petition is transferred then i will try this.

            i hope in another 15 days i get my visa normal way and dont have to do this.

            thanks Shervin for your inputs , really appreciate it

            Comment

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