Question on H1B application status after 221g

[rajh1b]

Hi,

One of the desi consultants had filed H1B petition for me last year which got approved with no issues. But then he could not provide me client letter and I got 221g form a couple months back while H1B interview.

He (consultant) asked me to wait for sometime till he gets some solution on this (seems to be genuine guy so far but you never know). He did not charge me anything for H1B application (I know they are not supposed to charge but there are many other desi consultants who were asking for 40-90 K that time) and mentioned that his money is also invested so don't worry, he has to find some solution.

I have no issue with it as I just do not want to go there without proper job and required documents so I am ready to wait till he gets some solutions.

My questions are as follows:
1) What if he is not successful in providing me client letter in 1 year - will it be considered as 'visa rejection' for me?
2) Can I withdraw my H1B visa application to avoid this rejection?
3) If yes, then how and when should I withdraw it?
4) What others options are available with me? Is transfer possible in this case?
5) I am planning to wait till 1 year - is there any issue? I mean will it affect my future plans for US or other countries on business/work visa?

Any comments/suggestion?

Thanks!

[Subramanya]

One of the desi consultants had filed H1B petition for me last year which got approved with no issues. But then he could not provide me client letter and I got 221g form a couple months back while H1B interview.

He (consultant) asked me to wait for sometime till he gets some solution on this (seems to be genuine guy so far but you never know). He did not charge me anything for H1B application (I know they are not supposed to charge but there are many other desi consultants who were asking for 40-90 K that time) and mentioned that his money is also invested so don't worry, he has to find some solution.

I have no issue with it as I just do not want to go there without proper job and required documents so I am ready to wait till he gets some solutions.

My questions are as follows:
1) What if he is not successful in providing me client letter in 1 year - will it be considered as 'visa rejection' for me?

---- It is not considered to be a visa rejection or anything, but your visa not be processed further until either you or the US Consulate receives the documents

2) Can I withdraw my H1B visa application to avoid this rejection?

---- yes you can withdraw your visa application. simply write to the US Consulate that you would like to withdraw the visa application giving all the dtatils of your case

3) If yes, then how and when should I withdraw it?

---- As above

4) What others options are available with me? Is transfer possible in this case?

---- Find a new employer and get the H1 petition transferred to the new employer

5) I am planning to wait till 1 year - is there any issue? I mean will it affect my future plans for US or other countries on business/work visa?

---- If you want to wait for a certain period of time that remains your choice and you can always do that

Subramanya

[rajh1b]

Thanks Subramanya for your reply!!

[kkgupta]

Dear Subramanya,
Do you know what happens to the passport and I-129/I-797 documents once you withdraw your application? My wife's stuck in a similar situation in India and I am concerned they might mark a page on passport as 'Denied/Rejected' and NOT return her I-797 H1 petition, if we withdraw her application.

Appreciate your help!

Thanks, Sonal