Raajamts Posted October 14, 2014 Report Share Posted October 14, 2014 Hi, I got 221g in APR,2014, its been six months but still in ADMIN processing. My Employer filed another petition with new end client ( same employer), I got my approval notice for 1 year. 1. Can I apply for new stamping with the above case. 2. Should I leave old 221g petition on same state. Appreciate your help on this. Thanks, Raj Link to comment
jairichi Posted October 14, 2014 Report Share Posted October 14, 2014 You will need to withdraw your first H1B visa application before planning to attend an interview with new petition. Sometime VO will entertain your visa application before withdrawal too. And, if approved will ask you to withdraw the earlier one. Link to comment
wiweq Posted October 14, 2014 Report Share Posted October 14, 2014 On this forum, you may get different answers at per users' experiences, views. I would suggest to call to visa people, or your employer's attorney. Link to comment
Raajamts Posted October 17, 2014 Author Report Share Posted October 17, 2014 You will need to withdraw your first H1B visa application before planning to attend an interview with new petition. Sometime VO will entertain your visa application before withdrawal too. And, if approved will ask you to withdraw the earlier one. Thanks a lot for your reply. Hope new petition with same employer is fine :). One last question, as my old case still in ' admin processing', what should I answer in DS160 for visa refusal questionl(Have you ever been refused a U.S. Visa). Link to comment
jairichi Posted October 17, 2014 Report Share Posted October 17, 2014 Thanks a lot for your reply. Hope new petition with same employer is fine :). One last question, as my old case still in ' admin processing', what should I answer in DS160 for visa refusal questionl(Have you ever been refused a U.S. Visa). Itsmeusa had provided a link that 221G is indeed a visa refusal. So, your answer has to be YES. Good luck. Link to comment
Raajamts Posted October 23, 2014 Author Report Share Posted October 23, 2014 Hi Jairichi, I attended visa interview today, after series of questions for 30 minutes they gave me ‘221g blue form AGAIN for admin processing’. Consular concern was why two petitions( 221g petition and new petition) were active for same employer, he feels 221g petition should have been withdrawn by the employer. 1. Should I withdraw my old 221g petiton ? Link to comment
jairichi Posted October 23, 2014 Report Share Posted October 23, 2014 Hi Jairichi, I attended visa interview today, after series of questions for 30 minutes they gave me ‘221g blue form AGAIN for admin processing’. Consular concern was why two petitions( 221g petition and new petition) were active for same employer, he feels 221g petition should have been withdrawn by the employer. 1. Should I withdraw my old 221g petiton ? Were you specifically asked to withdraw a petition? If not your employer will be contacted and based on that you can withdraw that specific petition. Link to comment
Raajamts Posted October 24, 2014 Author Report Share Posted October 24, 2014 Were you specifically asked to withdraw a petition? If not your employer will be contacted and based on that you can withdraw that specific petition. Consular asked would you like to withdraw the old petition and don't like to proceed with that, I answered YES. my employer says when they file for a new petition, the old one automatically gets inactive. 1. Should I ask my employer to file a revocation for the old petition. 2. Consular said he never seen any case like this before, applying for new petition when old petition is in 221g for same employer - Is it true ? Is my case valid one or any violation ? Please help. Link to comment
Raajamts Posted October 24, 2014 Author Report Share Posted October 24, 2014 Were you specifically asked to withdraw a petition? If not your employer will be contacted and based on that you can withdraw that specific petition. Consular asked would you like to withdraw the old petition and don't like to proceed with that, I answered YES. my employer says when they file for a new petition, the old one automatically gets inactive. 1. Should I ask my employer to file a revocation for the old petition. 2. Consular said he never seen any case like this before, applying for new petition when old petition is in 221g for same employer Link to comment
jairichi Posted October 24, 2014 Report Share Posted October 24, 2014 Consular asked would you like to withdraw the old petition and don't like to proceed with that, I answered YES. my employer says when they file for a new petition, the old one automatically gets inactive. 1. Should I ask my employer to file a revocation for the old petition. 2. Consular said he never seen any case like this before, applying for new petition when old petition is in 221g for same employer Nothing becomes inactive if employer does not revoke it. 1. Yes. 2. It should be fine. Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.