221g blue chennai (admin processing) - Received email from VFS

[usmale_81]

finally got the below email this afternoon after 45 days of waiting...

"As per the US Consulate, based on the documents you submitted to them and the information elicited in your interview with an American Consular officer, they were not able to issue you an H1B work visa as the Post believes that the petitioner is unable or unwilling to provide qualifying employment and will not be able to maintain the employer-employee relationship. Therefore, your application will be soon returned to the Kentucky Consular Center (KCC). Once KCC receives a petition, it returns to the approving office of the United States Citizenship and Immigration Service (USCIS) for review and possible revocation. Please direct all future inquiries regarding this case to the approving USCIS office."

case details:
interview date - 18th oct
221g color - 221g blue
case type - H1b
docs asked - no docs asked
passport was returned abck during the time of interview.

Can anyone suggest what i can do for the next steps? Does this mean my case is rejected? can i apply for H4 visa when this is pending or should i cancel my H1 and then apply for H4.
Please advice

[shervin143]

As clearly stated, your H1B visa is denied. You can apply for H4 (if your spouse has a valid H1B) anytime. Yo cana lso find another employer who can sponsor your H1B and when that petitions approved, you can appear for the H1B visa interview again.

[usmale_81]

applying for H4 now

As clearly stated, your H1B visa is denied. You can apply for H4 (if your spouse has a valid H1B) anytime. Yo cana lso find another employer who can sponsor your H1B and when that petitions approved, you can appear for the H1B visa interview again.

Thanks for the reply.
But one thins that confused me was the last line. It says that the case will be transfred to KCC and it will be reviewed OR revoked. I am not sure with this case pending, is it good to apply for h4 now. The Consulate still has all my original documents like the H1b petition, LCA , cleitn and vendor letters.

[shervin143]

But one thins that confused me was the last line. It says that the case will be transfred to KCC and it will be reviewed OR revoked. I am not sure with this case pending,
>>> The consulate cannot revioke your petition. They can only approve or reject visas. It is the responsibility of USCIS to approved / reject / revoke petitions. So based on the outcome of your 221g admin processing, the consulate has advised USCIS to revoke your petition and it will take sometime for USCIS is act on it.

is it good to apply for h4 now. The Consulate still has all my original documents like the H1b petition, LCA , cleitn and vendor letters.
>>> Not an issue. Like mentioned in the previous reply, you can apply for H4 anytime. You can apply for H4 even when H1B was under 221g. You are not going to get the H1B petition back from the consulate. They will send it back to USCIS.

[usmale_81]

But one thins that confused me was the last line. It says that the case will be transfred to KCC and it will be reviewed OR revoked. I am not sure with this case pending,
>>> The consulate cannot revioke your petition. They can only approve or reject visas. It is the responsibility of USCIS to approved / reject / revoke petitions. So based on the outcome of your 221g admin processing, the consulate has advised USCIS to revoke your petition and it will take sometime for USCIS is act on it.

is it good to apply for h4 now. The Consulate still has all my original documents like the H1b petition, LCA , cleitn and vendor letters.
>>> Not an issue. Like mentioned in the previous reply, you can apply for H4 anytime. You can apply for H4 even when H1B was under 221g. You are not going to get the H1B petition back from the consulate. They will send it back to USCIS.

Thanks for the reply.
I will go ahead and schedule a H4 interview for my wife this week.
regarding after landing to US, will still be able to give some life to the old H1? like i will be able to apply a new H1 with the old H1 or apply for a H1 transfer with the old one?
I know this yr quota is over. Will i fall in this yr quota?

[shervin143]

Yes, once she is in U.S, any employer can file a new H1B petition using the CAP from the previous H1B petition and request an immediate start date. Give the new employer a copy of the previous H1B approval notice. She doesn't need to go through the quota again since she is already CAP counted.

Thanks for the reply.
I will go ahead and schedule a H4 interview for my wife this week.
regarding after landing to US, will still be able to give some life to the old H1? like i will be able to apply a new H1 with the old H1 or apply for a H1 transfer with the old one?
I know this yr quota is over. Will i fall in this yr quota?

[usmale_81]

thanks for the reply

Yes, once she is in U.S, any employer can file a new H1B petition using the CAP from the previous H1B petition and request an immediate start date. Give the new employer a copy of the previous H1B approval notice. She doesn't need to go through the quota again since she is already CAP counted.

thanks for the reply. it is really helpful. i am scheduling a consultation with a immigration attorney tomorrow morning to go over this again to confirm all the points u mentioned.
thanks again.

[balu1309]

Dear Experts,

I have a strange question that I would like to clarify from the experts of this forum, next week I am planning to go to for H1B stamping as my H1B approved was under Consular Processing. At the same I have an option to fly Europe on long term in case if the H1B is not approved.
1. In case if we get 221g(admin processing) slip do we get our passport back along with the form or Embassy will keep it with them?
2. If the VO is keeping the passport without approving the VISA can we request them for the passport, as we can't predict that how long it would take for admin processing?

Regards.

[shervin143]

1. In case if we get 221g(admin processing) slip do we get our passport back along with the form or Embassy will keep it with them?
>>> It dependson case by case basis. In most cases they keep the passport with them and in some cases they return it back to be submitted later when the admin process gets cleared.

2. If the VO is keeping the passport without approving the VISA can we request them for the passport, as we can't predict that how long it would take for admin processing?
>>> Yes.

[V_Kumar]

Hi usmale_81,

Did you ever heard back from USCIS regarding the h1 visa approved or petition revoked. I also got similar kind of email and waiting for the result.

[usmale_81]

got reply

Hi usmale_81,

Did you ever heard back from USCIS regarding the h1 visa approved or petition revoked. I also got similar kind of email and waiting for the result.

Got reply from VFS stating that my case has been trasnferred to USCIS and case is now considered closed in chennai consulate.
when i checked with an attorney, they mentioned that it will take 4 to 6 MONTHS for them to contact my employer asking further details and then it will be revoked.

[h1_hope]

Hi shervin ,

I have one question here for usmale_81 issue

can he apply H1 after coming back to US and join the same client considering EVC model. For example H1 got denied with the employer but the employer has a non comepetent clause with vendor saying he cannot hire the consultant. But in this rejection scenario the employee - employer relation ship is no more valid.
can he join the same client through same vendor by applying H1 through a different employer as the vendor will not hire h1's they prefer only citizens
what would be the worst case in this situation. how far the X employer can come to him???

please clarify

[sm11235]

usmale_81 - please let us know when and which embassy you have scheduled the h4 application. Also reply back to the thread indicating if the stamping was successful or not.

[pia]

Any news USMALE-81

@usmale_81 ..

did you get any reply yet ? can you let me know which attorney you talked and what are they saying about the mail which you got ?

thanks