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H1B Denied at Chennai

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  • H1B Denied at Chennai

    Hi All - looking for some advice so would appreciate it if you could share your insights. I had my H1-B Visa interview in Chennai on 20th Nov, 2019 and was denied a visa and issued 221(g).

    Case background:
    • Completed my Masters in the US in 2016. From 2016-17 worked for one employer on OPT and switched to current employer (US Big 4 Consulting co.) in 2017; was on STEM OPT from 2017-18
    • Employer filed H1-B petition in Apr 2018 and was picked up by lottery so status changed from F1 to H1 in Oct 2018
    • In the intervening time between Apr 2018 (when petition was filed) and now, I received a promotion - so title change to Manager (from Senior Consultant) and my salary increased by about 15% vs. the info in petition.
    • I'm currently on an internal role (so not deployed at client site) but unfortunately couldn't get a signed off JD from the company on the current role in time due to delays at the company
    • While going through the original I-129, I also saw the client letter that the company gave in the original petition,filed in Apr 2018, was for a project that I was not a part of so not clear why they'd do that

    Interview:

    VO: Hello - may I have your passport?
    Me: Good morning *hands over passport*
    VO: Client letter and I-797 please
    VO: So what is your your role on the project
    Me: I'm currently a Strategy Manager. Its an internal role that I'm staffed on for the time being.
    VO: So you're not on this client project
    Me: No
    VO: Do you have a document that outlines your current responsibilities?
    Me: Unfortunately I couldn't get it in time for the interview *realized this was beginning of the end*
    VO: Whats your salary
    Me: *Currrent Salary* (which is different from what was in the petition filed almost 1.5 years back)
    VO: What course did you complete?
    Me: Masters in Ind. Engg.
    VO: When did you graduate
    Me: Jan 2016
    VO: What status were you on
    Me: F1 since I had OPT for 1 year (and the eventually STEM extension for 2 more)
    VO: Have you ever been out of status?
    Me: Never
    VO: Married? Spouse status?
    Me: Yes - H4
    VO: Any children? US Citizen?
    Me: Yes child is US Citizen
    VO: I'm unable to issue a visa currently. Please respond back with the information requested in this form.

    Issued a Blue 221(g) where I'm asked for:
    1. Description on role on current project
    2. Information on projects that I will be deployed on for the duration of the petition (till Aug 2021)
    3. W-2s from last 2 years

    While I feel I clearly screwed up by not being fully prepared for this, I wanted to check if anyone has any advice to offer. I'm currently working with my employer to figure out next steps and I understand that replying to the 221(g) is like a black box with no clarity on when it will get resolved (7days -17 months) so wanted to check:
    1. Any general advice on the situation?
    2. Any suggestion on having the employer re-file the petition with updated info on title/salary/projects?
    3. Would re-filing be a better solution i.e. do not respond to 221(g) for now and refile with premium processing or do both in parallel?

    Thanks in advance for your help.

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