Applying for new H1-B while 221g under Admin processing

[dineshetwa321]

Dear Experts,

I am working in India with some X company. I was applied for a H1b with my current employer in India and the petition got approved. Completed all process and went for a Visa interview in Dec and was given 221(g) form requesting more documents related to my project description and cost analysis. But my employer can't provide that. I have certain questions now related to my future of H1 petition.

1. Can I switch my petition to a new employer in India (if I find one) and file an amendment over my current application without the knowledge of my current employer?
2. Can I find a new employer in US directly with my application still in 221g and follow the same procedure mentioned in point 1?

Remember I never enter US.

Similar question may be posted in this thread already, but it would be great if some one can provide answers to the questions I asked.

Thanks!

Hi ,
797 validity is expired after waiting 3 month for 221g- new cap exempt H1B filing-
Need advice if someone has experienced the same ,Kindly help ..
My 797 validity is expired after waiting 3 month for 221g.
Now my company is going to file cap exempt H1B ext for same company client location.
Suppose If H1B ext is approved in premium then

1. can I go for stamping while current 221g is pending ? OR
2. if I will go they will give AGAIN 221g since for same company ,client and location one 221g is pending ?
3. withdrawing my 221g will be good ?

Anyone have real exp ?. Please message me of mob no - +91 90264 40263 ..i will much thanks to you.
Kindly help

[dineshetwa321]

Hi,

Am also on same boat. Have attended H1B VISA interview in Chennai on 21st October 2019 and received 221g asking for client letter. I have asked same my client but they never provided.
So my visa dept dropped a mail to US consulate on 31st October for withdraw VISA application. But another client willing to provide client letter but US state is different now. So what can i do now.

My visa dept not will to process H1B cap exempt for new client until get response on 221g withdrawal.

Can we apply H1B cap exempt for new client with out getting 221g response? can some one tell me the possibilities on my case.

Note: i didn't traveled to US right now.

Hi ,
797 validity is expired after waiting 3 month for 221g- new cap exempt H1B filing-
Need advice if someone has experienced the same ,Kindly help ..
My 797 validity is expired after waiting 3 month for 221g.
Now my company is going to file cap exempt H1B ext for same company client location.
Suppose If H1B ext is approved in premium then

1. can I go for stamping while current 221g is pending ? OR
2. if I will go they will give AGAIN 221g since for same company ,client and location one 221g is pending ?
3. withdrawing my 221g will be good ?

Anyone have real exp ?. Please message me of mob no - +91 90264 40263 ..i will much thanks to you.
Kindly help

[thirumalaiahk]

Hi,

Am also on same boat. Have attended H1B VISA interview in Chennai on 21st October 2019 and received 221g asking for client letter. I have asked same my client but they never provided.
So my visa dept dropped a mail to US consulate on 31st October for withdraw VISA application. But another client willing to provide client letter but US state is different now. So what can i do now.

My visa dept not will to process H1B cap exempt for new client until get response on 221g withdrawal.

Can we apply H1B cap exempt for new client with out getting 221g response? can some one tell me the possibilities on my case.

Note: i didn't traveled to US right now.

[Rudr@]

Dear Experts,

I am working in India with some X company. I was applied for a H1b with my current employer in India and the petition got approved. Completed all process and went for a Visa interview in Dec and was given 221(g) form requesting more documents related to my project description and cost analysis. But my employer can't provide that. I have certain questions now related to my future of H1 petition.

1. Can I switch my petition to a new employer in India (if I find one) and file an amendment over my current application without the knowledge of my current employer?
2. Can I find a new employer in US directly with my application still in 221g and follow the same procedure mentioned in point 1?

Remember I never enter US.

Similar question may be posted in this thread already, but it would be great if some one can provide answers to the questions I asked.

Thanks!

[js1978]

Hi folks,
I came to India in June '16. Got 221G...status is still under admin processing.

Meanwhile, I got a full time job with another company in US. They filed my H1B and it has got approved. Now need to go for stamping for my new H1B.

I have a question regarding DS-160 form:
1) What should I write as my current employer?

In DS-160, there is a field for current employer. What should I write there. Should it be my new H1B employer or old H1 company for which i receive 221G? I am not working for any company in India currently.

If I say my current employer as my new H1b company, then what should be my previous employer end date?

I have few more questions:

2) Do I need to carry a letter to withdraw the old visa application? I read this somewhere in this thread. What are all the documents from old application that need to be carried along with?

3) Does the old H1 employer need to write to USCIS to withdraw the previous H1B petition that was filed for me?

Please let me know if you have any suggestions.

[i.m]

221g/cap exempt

- - - Updated - - -

Hello Experts - I was given 221g on 7th October 2015 when I appeared for h1b visa interview from new employer.

Since it was taking lot of time, I applied under cap exempt from my current employer in Feb 2016. The petition has been approved and I am waiting for hard copy of the approved petition and stamping.

Question is today I received an email from embassy stating that you need to submit your passport for final processing of administrative processing.

I want to process the visa with my current employer and not with the new employer under which I received 221g.

Please suggest:
1. What happens if I don't submit my passport for the pending 221g case.
2. If I go for the visa interview from the current employer will I be asked as why I did not pursue through the new employer.
3. Now that administrative processing has been processed and they have requested for submission of passport; will I need to mention "yes" in DS160 for visa denials.


Please help. Looking forward for any suggestions.

Thanks !

[sakella]

1. Possible, you need to first find an employer and provide then your current I797 copy.
2. Depends upon the legal costs and the priority with which they want to do it. It should be paid by the employer not by you.
3. Yes, if you dont have a valid H1 visa stamp in passport, you need to go for interview to get one.

This is my opinion not legal advice.

Thanks Raghvi for your reply.

[raghvi]

Dear Experts,

I am working in India with some ABC company. I have applied for H1B trough a US based employer(Petitioner-A). Completed all process and went through Visa interview recently. They have given 221(g) form and requesting more documents. But my employer can't provide that. So I want to change my employer(Petitioner-B), who can provide all documents.

1. Can anybody tell me the process to change employer at this stage?
2. And does it costs for new employer?
3. If employer changed at this stage do I need to go for stamping again?

Remember I never enter US.

Similar question may be posted in this thread already, but it would be great if some one can provide answers to the questions I asked.

Thanks!

1. Possible, you need to first find an employer and provide then your current I797 copy.
2. Depends upon the legal costs and the priority with which they want to do it. It should be paid by the employer not by you.
3. Yes, if you dont have a valid H1 visa stamp in passport, you need to go for interview to get one.

This is my opinion not legal advice.

[sakella]

Change employer after 221g. Never been in US.

Dear Experts,

I am working in India with some ABC company. I have applied for H1B trough a US based employer(Petitioner-A). Completed all process and went through Visa interview recently. They have given 221(g) form and requesting more documents. But my employer can't provide that. So I want to change my employer(Petitioner-B), who can provide all documents.

1. Can anybody tell me the process to change employer at this stage?
2. And does it costs for new employer?
3. If employer changed at this stage do I need to go for stamping again?

Remember I never enter US.

Similar question may be posted in this thread already, but it would be great if some one can provide answers to the questions I asked.

Thanks!

[shervin143]

Why are you asking the same question again. It is already answered. You can transfer the petition to a new employer when the current one is under 221g. Just give the new employer a copy of your current approval notice and they will know what to do with the transfer.

Hi,

I am working for reputed company x, but i have applied for H1 B with petitioner A, i got thru lottery and received i797A for 3 years.

Petitioner A has filed by H1B application, the consulate has taken my i797A and now the case is opened under section 221(g) asking for detailed documents
related to project cost analysis, market analysis and timelines. I am not sure what will happen now.

My question is , the same H1B approved petetion(i797B) can be transferred to new employer ??.. please advice me as soon as possible and give some solution.

[cool.2903]

i797B: first appearance at consulate got refused under section 221g

Hi,

I am working for reputed company x, but i have applied for H1 B with petitioner A, i got thru lottery and received i797A for 3 years.

Petitioner A has filed by H1B application, the consulate has taken my i797A and now the case is opened under section 221(g) asking for detailed documents
related to project cost analysis, market analysis and timelines. I am not sure what will happen now.

My question is , the same H1B approved petetion(i797B) can be transferred to new employer ??.. please advice me as soon as possible and give some solution.

[shervin143]

Yes.

Hi,

I am working for reputed company x, but i have applied for H1 B with petitioner A, i got thru lottery and received i797A for 3 years.

Petitioner A has filed by H1B application, the consulate has taken my i797A and now the case is opened under section 221(g) asking for detailed documents
related to project cost analysis, market analysis and timelines. I am not sure what will happen now.

My question is , the same H1B approved petetion(i797A) can be transferred to new employer ??.. please advice me as soon as possible.

[cool.2903]

Need help: 221(g) is issued for H1b, case is under admin processing

Hi,

I am working for reputed company x, but i have applied for H1 B with petitioner A, i got thru lottery and received i797A for 3 years.

Petitioner A has filed by H1B application, the consulate has taken my i797A and now the case is opened under section 221(g) asking for detailed documents
related to project cost analysis, market analysis and timelines. I am not sure what will happen now.

My question is , the same H1B approved petetion(i797A) can be transferred to new employer ??.. please advice me as soon as possible.

[siri17]

New H1b from India under 221g, can i change eomployer and appear for visa again

Hi Everyone,

I am from india, never been to US. This year i got an offer from a small employer and my new h1b petition is approved. Got all the DOC's from my employer.
I have appeared for visa interview this week, but visa interviewer is not happy with my employer(internal project) and has moved my visa application to 221g(Admin Processing). Am not sure how long it takes for decision. Do i need to wait average timeline 60 days set by Visa consulate?
OR Mean while can i change my employer under CAP exemption? To change the employer how can i give my pay stubs where i never worked for actual petitioner? can i give my Indian current employer pay stubs?
Do i need to say about my 221g to the new employer? Finally if above all works, can i appear for new visa while my current visa application is under 221g?

Thanks in advance

[applying4usvisa]

Got approved

Mine was similar case. I got 221G (Blue) @ Mumbai in August 2012. A new employer filed for H1B and I got it approved while old visa application was under admin processing.
I had carried a letter to request to withdraw the old visa application stating all details of old visa application (DS-160#, petition #, petitioner, beneficiary, date of interview etc.) and attached 221G, I-129, I-797 and LCA copies.
Coincidence the same VO took my new interview so it was easy to break the ice for me. He just asked name, business line, role and responsibilities and salary. And approved the visa. I was freaking about my visa interview and needed to go back to US badly. I understand feeling of all people got rejected, under admin processing and waiting for results/interview. Good luck to all of them.
Prepare well. Have faith.