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Can I Apply for H1B Amendment while 221G is processing from India?

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  • Can I Apply for H1B Amendment while 221G is processing from India?

    Hi,

    I am reaching out to you in regards with my current Immigration situation.

    Scenario:

    I came to India on March 24th 2021 for stamping and got 221G (client verification) from Chennai consulate. With the current COVID situation in India it it still Processing

    My Project with the client is about to end(one more month left).

    Questions:
    1. What will happen to 221g if the project ends?
    2. Can I change my project and apply for amendment to H1b while I am in India ?
    3. What will be other options to get H1B?
    4. If I can take an Attorney and request for my 221G fast processing ?

    Thank your for help in advance.

    Thank you,
    Vasu

  • #2
    Hi,
    Please see my response below.
    What will happen to 221g if the project ends?
    Answer: While they do background verification, they may contact your end client and do the verification. At that time, If officer come to know that, you are no longer working in that project, it will surely affect your visa approval. And Officer may ask additional documents too.
    Can I change my project and apply for amendment to H1b while I am in India ?
    Answer: Yes.. You can do that.
    What will be other options to get H1B?
    Answer: Better option is to file an Amendment and get approval then again book another appointment.
    If I can take an Attorney and request for my 221G fast processing ?
    Answer: I don't really think, you can expedite fast processing while pending administrative processing. But, If project requires your present at any cost, then your client/Employer/Attorney can request embassy/consulate to take action quickly.. But, again it depends your back ground verification result.
    Thanks

    Comment


    • #3
      Originally posted by rkk09 View Post
      Hi,
      Please see my response below.
      What will happen to 221g if the project ends?
      Answer: While tutuapp they do background verification, they may contact your end client and do the verification. At that time, If the showbox officer come to know that, you are no longer working in that project, it will surely affect your visa approval. And Officer may ask additional documents too.
      Can I change my project and apply for amendment to H1b while I am in India ?
      Answer: Yes.. You can do that.
      What will be other options to get H1B?
      Answer: Better option is to file a Kodi Amendment and get approval then again book another appointment.
      If I can take an Attorney and request for my 221G fast processing ?
      Answer: I don't really think, you can expedite fast processing while pending administrative processing. But, If project requires your present at any cost, then your client/Employer/Attorney can request embassy/consulate to take action quickly.. But, again it depends your back ground verification result.
      Thanks
      Thanks a ton rkk, even I was looking forward to similar query.
      Last edited by nejir; 06-18-2021, 05:54 AM.

      Comment


      • #4
        Originally posted by rkk09 View Post
        Hi,
        Please see my response below.
        What will happen to 221g if the project ends?
        Answer: While they do background verification, they may contact your end client and do the verification. At that time, If officer come to know that, you are no longer working in that project, it will surely affect your visa approval. And Officer may ask additional documents too.
        Can I change my project and apply for amendment to H1b while I am in India ?
        Answer: Yes.. You can do that.
        What will be other options to get H1B?
        Answer: Better option is to file an Amendment and get approval then again book another appointment.
        If I can take an Attorney and request for my 221G fast processing ?
        Answer: I don't really think, you can expedite fast processing while pending administrative processing. But, If project requires your present at any cost, then your client/Employer/Attorney can request embassy/consulate to take action quickly.. But, again it depends your back ground verification result.
        Thanks
        Thanks rkk09 .
        But my employer is saying I have to wait till I get some response with 221G, as attorney suggested that we can do anything while employee is in India. I am just wanted to confirm. Can I be able to process the H1B amendment or transfer while I am in India?
        If I wait until I get some response for 221g will it affect my amendment or transfer?

        Thanks in advance.

        Comment


        • #5
          Hi,
          Please see my response below.
          Can I be able to process the H1B amendment or transfer while I am in India?
          Answer: yes. You can file. But, It will be approved with only consular processing.
          If I wait until I get some response for 221g will it affect my amendment or transfer?
          Answer: I don't think so.. If you get response against 221G notice, asking for some additional documents, you can respond with your Answer stating you are no longer working in the previous Project and filed another petition. New petition may approved.. But when you go for stamping again, at the time you still wait for response on 221G notice, Officer may raise the question about your previous project and 221G notice. If you have valid Answer, you will not have any issues.
          Thanks

          Comment

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