H1b 221g query

[jayHanuman]

My H1 extension stamping got denial based on employee-employer relationship in nov 2010. I had my I140 approval for same company. I stated job in Indian good company and my vendor company filled fresh h1 which also got denial after 221g with reason employer can’t prove require employment in 2011. Now my current project needs H1 so my Indian company filled my H1 and got 221g with additional project document. Based on submission of docs got an email to submit passport which I received without stamping with new 221g.They asked for all petioner‘s petition documents I have filled ever (entire bunch i129,lca …). Now I have list of query shervin can you please give your guideline..

1) Why they have asked for passport if they want to give another 221g?
2) What could be reason to ask all petitioner documents not only i797?
3) Is there any need of I140 docs submission?
4)My current petition (2012) document by mistake lawyer mentioned last petition# with petition# last to last(2010 instead of 2011).Is there any impact because of it ? Is there any way to correct it now as I am not wrong
5) Is it scary? Can you please give your valuable guideline

[shervin143]

1) Why they have asked for passport if they want to give another 221g?
>>> This is not new. Probably they would have decided to issue you the visa and later figured out that additional admin processing in required on the petitioner.

2) What could be reason to ask all petitioner documents not only i797?
>>> They may want to make the petitioner is capable of proving work in U.S and they are paying all their H1B employees as per the approved LCA. 221g for documents from petitioner is pretty common these days. Search and read the posts on 221g admin processing.

3) Is there any need of I140 docs submission?
>>> Not unless it is requested in your 221g.

4)My current petition (2012) document by mistake lawyer mentioned last petition# with petition# last to last(2010 instead of 2011).Is there any impact because of it ? Is there any way to correct it now as I am not wrong
>>> I don't think it will be an issue. It is too late to correct it now.

[jayHanuman]

thanks shervin for quick reply.

please go through my history which i have mentioned in same thread. Let me become more clear for questions

My current H1b consulate ask for current petioner's document in first 221g which we have submitted and got approved. They asked to me to submit every petitioner's petiton I have ever filled in second 221g when they return my passport without stamp. so we have submitted all I97 i have filled till now.They have emailed 3rd 221g stating send every petitioner's petitons not only I797.So I am bit worried and i have bellow questions

1) As my current petitioner's document got approved what's reason to ask for my every petitioner's petition document i have ever filled.

2) I guess i have to submit my I 129,I 129S, LCA, Support letter for every petitions.Please let me know if any documents i am missing.

3) is there any need to submit my I140 now?

4) My first H1 petition i have filled 10 years back for which i am not having all petition document except I797. so what to do now?

5) any guideline/ valuable suggestions considering my sitution

[shervin143]

1) As my current petitioner's document got approved what's reason to ask for my every petitioner's petition document i have ever filled.
>>> No one can predict what they are really up to. They might want to see all the petitions that were filed on your behalf and the reason could be anything. >>> Are you sure they are asking for all your petitions and not all the petition filed by your employer?

2) I guess i have to submit my I 129,I 129S, LCA, Support letter for every petitions.Please let me know if any documents i am missing.
>>> I-797 approval notices are enough.

3) is there any need to submit my I140 now?
>>> You can if you have a copy.

4) My first H1 petition i have filled 10 years back for which i am not having all petition document except I797. so what to do now?
>>> Just submit what you have. I-797 is good enough.

5) any guideline/ valuable suggestions considering my situation?
>>> Just submit the documents request in the 221g. There is nothing much to do rather than submit the documents and wait for the result.

[jayHanuman]

thanks shervin..

I have submitted all my previous petitioner's I797 in second 221g as they requested for "Petitioner's petitons filled ever" . now i got email as third 221g which says "complete copies of all previous petition not just I797" . can you please help me to understand this ?

I guess they are looking for H1 history becuase how my indian company provides thousands of petiotion info without duration if so can you think any single reason behind this please?

[shervin143]

I have submitted all my previous petitioner's I797 in second 221g as they requested for "Petitioner's petitons filled ever" . now i got email as third 221g which says "complete copies of all previous petition not just I797" . can you please help me to understand this ?
>>> Looks like they are asking for all the I-129 filed on your behalf. I -129 is the petition and I-797 is the approval notice.

I guess they are looking for H1 history becuase how my indian company provides thousands of petiotion info without duration if so can you think any single reason behind this please?
>>> Sorry, I have no idea what they are up to.

[garg02]

Very urgent help rerquired

Hi Shrevin,

I am going for h1b stamping next week in delhi.
I go all docs from employer. but there sre some errors:

1. I-129; they coutry name is philipines not india by mistake.
2. in I-797 same philipnes is going on not india.

my employer is saying no worry and go for stamping. a day back thy give me new LCA with CA location and previosly it was for VA state.

Wht you suggest on this.

[shervin143]

As long as you have a LCA that matches your work location and an amended H1B petition that reflects your work location, you are all good. Get a copy of the form I-129 from the employer and check to see if the work location mentioned there matches the one in the LCA.

Hi Shrevin,

I am going for h1b stamping next week in delhi.
I go all docs from employer. but there sre some errors:

1. I-129; they coutry name is philipines not india by mistake.
2. in I-797 same philipnes is going on not india.

my employer is saying no worry and go for stamping. a day back thy give me new LCA with CA location and previosly it was for VA state.

Wht you suggest on this.

[garg02]

Hi....I received i-129, i-797, new LCA.....

In old LCA, the location was new jersy....but i got job at client site in CA, so thy gave me new LCA with CA.....

In i-129, the location is NJ because tht is filled long back....

My employer is saying that no worry and i can go for stamping...pls suggest on this...

Also will there be any problem in future for h1b extesnion or transfer ( in case i got stamping) for me???

WAITING FOR REPLY SIR...TANKS

Thanks for ur reply
Amit
[email protected]

[shervin143]

Well, if you go for stamping without an amended H1B petitioin, it is like taking a chance. Check the below link to see why/when a H1B amendment is required.
https://www.immihelp.com/h1b-petition-amendment/

Hi....I received i-129, i-797, new LCA.....

In old LCA, the location was new jersy....but i got job at client site in CA, so thy gave me new LCA with CA.....

In i-129, the location is NJ because tht is filled long back....

My employer is saying that no worry and i can go for stamping...pls suggest on this...

Also will there be any problem in future for h1b extesnion or transfer ( in case i got stamping) for me???

WAITING FOR REPLY SIR...TANKS

Thanks for ur reply
Amit
[email protected]

[garg02]

thanks Shervin.......

Hi,

Thanks a lot fpr the reply...


Also will there be any problem in future for h1b extesnion or transfer ( in case i got stamping) for me???

Can these details be changed after you reached US and start working there ( in case got stamping)?

Amit

[shervin143]

Also will there be any problem in future for h1b extesnion or transfer ( in case i got stamping) for me???
>>> It can. In case of a USCIS officer's site visit to the old address what you have given to USCIS, you will be in trouble as you are no longer working there.

Can these details be changed after you reached US and start working there ( in case got stamping)?
>>> Yes. But the right thing is to get the amendment filed first before you start working at the new location.

[garg02]

Very Urgent help please

Hi,

Few days back I went for H1b stamping in US Embassy Delhi...

They kept my passport, LCA, i-129, 1-797 , client letters and told me tht thy get back in week.

After 10 days, received my passport without Visa and i-797 form, and one letter from embassy only.

Now my employer is saying that I should go again stamping with same form for different client, as visa approval is valid.

Letter from embassy:


based on the docs you have submited to us and the info elicited during interview we are not able to issue h1b visa because:

your petitioner is does not appears to be either able or wilings to provide qualified employement in the us acc to laws.

The us embassy delshi is no longer handling ur case.

for ur info, visa refused under 221g Immg and nationality act. the visa canot be issued to anyone whose application does not appears
to the consuler officer to meet the requirements of INA.

[shervin143]

http://www.immihelp.com/forum/showthread.php?t=98308

Hi,

Few days back I went for H1b stamping in US Embassy Delhi...

They kept my passport, LCA, i-129, 1-797 , client letters and told me tht thy get back in week.

After 10 days, received my passport without Visa and i-797 form, and one letter from embassy only.

Now my employer is saying that I should go again stamping with same form for different client, as visa approval is valid.

Letter from embassy:


based on the docs you have submited to us and the info elicited during interview we are not able to issue h1b visa because:

your petitioner is does not appears to be either able or wilings to provide qualified employement in the us acc to laws.

The us embassy delshi is no longer handling ur case.

for ur info, visa refused under 221g Immg and nationality act. the visa canot be issued to anyone whose application does not appears
to the consuler officer to meet the requirements of INA.

[Rohit Gupta]

221 g docs requested from petitioner

Hi ,
i went to mumbai consulate and got 221g white refusal asking for all the documents filed with USCIS from my petitioner ..

so my question should i need to email these documents or my petitioner (from official mail id - [email protected]) ??