H1 Interview - Passport returned without stamping wit

[als1421]

Hello,

I attended an interview at the Hyderabad consulate for H1 visa , was given 221 g white form to submit LCA , i duly submitted it back at the VFS the next day along with the 221 g form.

I received a call from the VFS office two days later to come back and collect my passport.

Unfortunately it hasnt been stamped and all they have said is i write back to the consultae over email and check.

How do i check the status of my application , is it rejected / accepted / in process / denied....im confused

[shervin143]

If it is rejected, they will send you a notification. Your case is still under admin process. Ifthe admin process gets cleared, they will request you to submit the passport. Talk to VFS helpdesk and they will be able to help you track you case online.

[als1421]

Thanks for the prompt response , i did visit the VFS a couple of times and they have just asked me to wait , the fact that i cannot track my case is making me feel helpless...

[shervin143]

Give them some time. It takes time to get your information updated into their tracking system. Contact VFS again after a week or two.

Thanks for the prompt response , i did visit the VFS a couple of times and they have just asked me to wait , the fact that i cannot track my case is making me feel helpless...

[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]

If the client is different, then the a new LCA need to be filed and the H1B should be amended. You will need the lcient letter from the new client. Once you have all these, you can appear for the visa interview again. But since you H1B got denied for this employer, it is advisable that you find another employer and then go for the visa interview.
https://www.immihelp.com/h1b-petition-amendment/

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.

[garg02]

Need help

Hi,

Thanks for reply....

But can a new employer B use the previous employer A ( who earlier applied h1b) petition.

I-797 form also shows the employer name A right. or You r saying to file new H1b with new employer B?

One more qus:

If another employer B is ready to file new fresh h1b in this year quota, thn is there any problem?

Emploer A is also valid in tht case?

Thanks
Amit
[email protected]

[shervin143]

But can a new employer B use the previous employer A ( who earlier applied h1b) petition.

I-797 form also shows the employer name A right. or You r saying to file new H1b with new employer B?
>>> Find a new employer. Ask them to file a new H1B petition for you using the CAP from your previous H1B petition (premium processing will get this done in 15 days if there are no RFEs) and when the petition gets approved, go for the visa interview. You cannot use employer A petition to work for employer B.

One more qus:

If another employer B is ready to file new fresh h1b in this year quota, thn is there any problem?
>>> Why do they have to file under a fresh quota? You can use the CAP from your previous approval notice to file a petition with the new employer and request an immediate start date. No need to go for a fresh CAP and wait until Oct 1st to start working. You will only just waste a CAP number by doing that.

Emploer A is also valid in tht case?
>>> What are you trying to ask?

[garg02]

Ned help

Thanks thanks a lot Sir.....Last few questions plssss

1. So if the Employer B will use the CAP from your previous H1B petition, then will this petition is valid for employer A also.....tht means employer A can also apply for new lca etc.....and I have 2 approvals for h1b...


2. once employer B used the CAP from previous H1B petition thn Emplyer A will lost his petition...

3. Will employer A will get the info tht Employer B is using CAP from your previous H1B petition.

[shervin143]

1. So if the Employer B will use the CAP from your previous H1B petition, then will this petition is valid for employer A also.....tht means employer A can also apply for new lca etc.....and I have 2 approvals for h1b...
>>> It doesn't work that. The petition is valid only for the employer for whom it is approved. You are just using the CAP number from the previous approval which is not associated to any employer. The CAP is yours. You just don't have to go through quota again to file a new petition with a new employer. That is all. You cannot use employer A's petition to work for employer B or vice versa.

2. once employer B used the CAP from previous H1B petition thn Emplyer A will lost his petition...
>>> You need to do some basis reading on H1B and how the process works. The CAP number (Inclusion in H1B quota in the previous year) is not associated to an employer.

3. Will employer A will get the info tht Employer B is using CAP from your previous H1B petition.
>>> No.

[garg02]

hiiii

as usual Thanks again Sir ....thanks

I told these details to my my Employer-B.

But the problem here is that when I got approval from my Employer A for h1b visa....in the i-129, i-797 form thy put wrong country name/ birth place- philipiness and it should be india....

Employer B is saying, it may create problem for them if they use CAP number from my previous approval?

Thnku Sir

Amit

[shervin143]

Well, that can be a problem. In such case, you have no other option other than to go for a H1B petition filed under a fresh CAP with Oct 1st as the start date.

[garg02]

hiiiiiiiiiii

thanks again as usual....

You know that my h1b is still valid right.....

now new employer is ready to file new h1b visa in this year quota.....so do employer or employee need to mentioned about my previous h1b visa details any where in the forms.....

If Yes, thn in my situation, we will say rejcted or what...

Amit

[shervin143]

Copy of all previous approval notices need to be attached when a new H1B petition in filed. If USCIS need more info about your previous petition been filed wrongly, then they will not immediately reject the petition. They will send you a RFE first and you can respond back saying it was a mistake committed by your previous employer. This is not a cause for concern.

thanks again as usual....

You know that my h1b is still valid right.....

now new employer is ready to file new h1b visa in this year quota.....so do employer or employee need to mentioned about my previous h1b visa details any where in the forms.....

If Yes, thn in my situation, we will say rejcted or what...

Amit

[garg02]

hiiiiii

Hi Sir,


Can two different emloyers use the same CAP number ( as I got approved in June 2011 and rejected in stamping in April 2012 but they return my oroginal I-797 form)?

Amit