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  • Need urgent help

    My H1B Petition (filed through a consultancy company) was approved but during the interview, issued 221(g) stating that the H1B was to be sent back to USCIS for further review and revalidation. I submitted employer's financial docs at the consulate. Now, as per 221(g), we have to wait for notification from USCIS or US embassy. It has already been 6 months now and I haven't received any response.

    Now my current employer plans to send me to the US on L1.

    (1) Do I need to withdraw my H1B appllication before filing for L1?
    (1) If they apply for L1, will that be rejected if I don't withdraw the H1B application?
    (2) What is the process to withdraw?
    (3) How long will the withdrawal take before I can apply the L1?
    (4) If I get the L1 approval, on the DS-156 Question 31 - Have you ever been refused a US Visa? Should I respond "Yes" since my application got 221(g) or "No" since USCIS is just needing to revalidate the application?

    Appreciate any responses. Thanks.

  • #2
    (1) Do I need to withdraw my H1B appllication before filing for L1?
    >>> Not necessary.

    (1) If they apply for L1, will that be rejected if I don't withdraw the H1B application?
    >>> No.

    (2) What is the process to withdraw?
    >>> Send a letter to the consulate stating that you want to withdraw your application for stamping. Talk to VSF helpdesk for more details.

    (3) How long will the withdrawal take before I can apply the L1?
    >>> See above answers.

    (4) If I get the L1 approval, on the DS-156 Question 31 - Have you ever been refused a US Visa? Should I respond "Yes" since my application got 221
    (g) or "No" since USCIS is just needing to revalidate the application?
    >>> 221g is not a rejection. So you can answer No until they actually reject your visa application. If you are sure that your H1B will be rejected because of lack of documents, then it is advisable to withdraw the appliaction. That way, there will be no records of visa being rejected and it will help in future stampings.
    Not a legal advice. Use of this information is strictly at your own risk.

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