H1B Visa Not Stamped-->221g-->USCIS administrative processing-->H1B transfer options?

[omshri]

Greetings!

 

This is the sequence of my case, need expert inputs in terms of transfer to other employer.

 

I am based out in India, went for 1st time stamping, petitioner approved from Employer-A (2013), in the hopes to get stamped and travel to US, but situation is becoming worsen 

 

Here is sequence 

1. Attended US chennai consulate visa interview 1st week of July 2014
2. Received Blue slip on the minor project related questions from US consulate on the same day during interview and case was filed  
3. Submitted all bunch of documents in 3rd week of July the query was related to "project documents" 
4. Received one more Blue Slip end of July saying administrative processing in progress- 221g
5. US consulate sent letter in 1st week of Nov 2014 "The Foreign Service Of the United Stated Refusal WorkSheet"
   • The letter says recommendation to revoke by US consulate to USCIS, this is denied as per pursuant to 9 FAM 41.53 N2-3
6. Employer-A is small company and is ready to submit all the documents required to answer and is supportive. But he is not having hopes on this as this may take time chances of clearing USCIS admin processing by stats is low.

The question I have here is 

• I would like to try with Employer-B, employer B is ready to give me job but int he case H1B transfer is it possible ? considering petition of Employer A which is in administrative processing - and there is no timeline of NOIR/NOID etc. 
• Do I need to honestly mention the issue faced with employer -A on the admin processing details ( I plan to tell but want to double check)
• If USCIS send denial letter later but before that Employer B transfers, what will be issue?
• If USCIS send denial letter later but before that Employer B transfers and I also travel to US, what will be issue? 
•  If transfer is possible then the transfer will be under CAP exempt right ? I am not in position to wait for 2015 lottery and travel in end of 2015. I would like to get transferred and if all goes well try out ASAP 

P.S I am skilled worked with 15+ years of exp and I had stayed in US before 2008 for 6 years, I have SSN, DL and my son is US citizen

 

 

Thanks for your prompt answer in detail for my points. 

[omshri]

Moderator or anyone; I really appreciate if someone can respond.  I am planning to take appt from Murthy based on the responses. There are so many cases as similar to this so I request you to post if any updates

 

Thanks

[jairichi]

1. Employer B has to file a cap exempt H1B petition and on approval you will need to go for H1B visa stamping.

2. Yes, if asked.

3. No issue.

4. No issue.

5. Yes, you will be cap exempt.

[Pokiri09]

Moderator or anyone; I really appreciate if someone can respond.  I am planning to take appt from Murthy based on the responses. There are so many cases as similar to this so I request you to post if any updates

 

Thanks

You are cap exempt. Can go with any employer who have a job for you..get H1 and attend stamping. 

 

Consulates will have your info in detail..so when you go for visa again, tell everything you know or told when Emp A offered job..and also have complete info on Emp B..so that you wudnt have same issues like u had with Emp A if any,

[Pokiri09]

Greetings!

 

This is the sequence of my case, need expert inputs in terms of transfer to other employer.

 

I am based out in India, went for 1st time stamping, petitioner approved from Employer-A (2013), in the hopes to get stamped and travel to US, but situation is becoming worsen 

 

Here is sequence 

1. Attended US chennai consulate visa interview 1st week of July 2014
2. Received Blue slip on the minor project related questions from US consulate on the same day during interview and case was filed  
3. Submitted all bunch of documents in 3rd week of July the query was related to "project documents" 
4. Received one more Blue Slip end of July saying administrative processing in progress- 221g
5. US consulate sent letter in 1st week of Nov 2014 "The Foreign Service Of the United Stated Refusal WorkSheet"
   • The letter says recommendation to revoke by US consulate to USCIS, this is denied as per pursuant to 9 FAM 41.53 N2-3
6. Employer-A is small company and is ready to submit all the documents required to answer and is supportive. But he is not having hopes on this as this may take time chances of clearing USCIS admin processing by stats is low.

The question I have here is 

• I would like to try with Employer-B, employer B is ready to give me job but int he case H1B transfer is it possible ? considering petition of Employer A which is in administrative processing - and there is no timeline of NOIR/NOID etc. 
• Do I need to honestly mention the issue faced with employer -A on the admin processing details ( I plan to tell but want to double check)
• If USCIS send denial letter later but before that Employer B transfers, what will be issue?
• If USCIS send denial letter later but before that Employer B transfers and I also travel to US, what will be issue? 
•  If transfer is possible then the transfer will be under CAP exempt right ? I am not in position to wait for 2015 lottery and travel in end of 2015. I would like to get transferred and if all goes well try out ASAP 

P.S I am skilled worked with 15+ years of exp and I had stayed in US before 2008 for 6 years, I have SSN, DL and my son is US citizen

 

 

Thanks for your prompt answer in detail for my points. 

I believe the letter should have a reason for revoking H1..do u know the reason?

[andhrafan]

Greetings!

 

This is the sequence of my case, need expert inputs in terms of transfer to other employer.

 

I am based out in India, went for 1st time stamping, petitioner approved from Employer-A (2013), in the hopes to get stamped and travel to US, but situation is becoming worsen 

 

Here is sequence 

1. Attended US chennai consulate visa interview 1st week of July 2014
2. Received Blue slip on the minor project related questions from US consulate on the same day during interview and case was filed  
3. Submitted all bunch of documents in 3rd week of July the query was related to "project documents" 
4. Received one more Blue Slip end of July saying administrative processing in progress- 221g
5. US consulate sent letter in 1st week of Nov 2014 "The Foreign Service Of the United Stated Refusal WorkSheet"
   • The letter says recommendation to revoke by US consulate to USCIS, this is denied as per pursuant to 9 FAM 41.53 N2-3
6. Employer-A is small company and is ready to submit all the documents required to answer and is supportive. But he is not having hopes on this as this may take time chances of clearing USCIS admin processing by stats is low.

The question I have here is 

• I would like to try with Employer-B, employer B is ready to give me job but int he case H1B transfer is it possible ? considering petition of Employer A which is in administrative processing - and there is no timeline of NOIR/NOID etc. 
• Do I need to honestly mention the issue faced with employer -A on the admin processing details ( I plan to tell but want to double check)
• If USCIS send denial letter later but before that Employer B transfers, what will be issue?
• If USCIS send denial letter later but before that Employer B transfers and I also travel to US, what will be issue? 
•  If transfer is possible then the transfer will be under CAP exempt right ? I am not in position to wait for 2015 lottery and travel in end of 2015. I would like to get transferred and if all goes well try out ASAP 

P.S I am skilled worked with 15+ years of exp and I had stayed in US before 2008 for 6 years, I have SSN, DL and my son is US citizen

 

 

Thanks for your prompt answer in detail for my points. 

 

• I would like to try with Employer-B, employer B is ready to give me job but int he case H1B transfer is it possible ? considering petition of Employer A which is in administrative processing - and there is no timeline of NOIR/NOID etc. answer : as far as i know h1b transfer while on 221g is not possible only new h1 application is possible, but i am not 100% sure check with lawyer 
• Do I need to honestly mention the issue faced with employer -A on the admin processing details ( I plan to tell but want to double check) answer: ofcourse tell the truth
• If USCIS send denial letter later but before that Employer B transfers, what will be issue? answer : as far as i know h1b transfer while on 221g is not possible only new h1 application is possible, but i am not 100% sure check with lawyer 
• If USCIS send denial letter later but before that Employer B transfers and I also travel to US, what will be issue? answer : as far as i know h1b transfer while on 221g is not possible only new h1 application is possible, but i am not 100% sure check with lawyer 
•  If transfer is possible then the transfer will be under CAP exempt right ? I am not in position to wait for 2015 lottery and travel in end of 2015. I would like to get transferred and if all goes well try out ASAP answer : as far as i know h1b transfer while on 221g is not possible only new h1 application is possible, but i am not 100% sure check with lawyer 

[omshri]

Dear Friends, 

Thanks for your valuable inputs 

 

 

In summary what I understand is when there is 221g/USICS evaluation on-going, result may turn to revoke of petition finally or may get approve; The alternate is re-file with other employer which can be done cap-exempt. 

Que 1: Whether cap-exempt is open throughout the year or I have to wait until April 2015 ? 

Que 2: I am not getting strong opinion on transfer, I guess I will have to check with lawyer Murthy 

 

Last Silly question: The employer A (petitioner) spent X $ on H1 filling  and stamping, I guess there is no way that US consulate or USICS will return if this is revoked. 

 

Dear Pokiri09

In my case on the refusal worksheet the reason mentioned is 9 FAM 41.53 N2-3 

 

I don't really know we submitted almost 4 kgs of papers with all the information right from office seat to financial. It is just fate ... 

 

Thanks

OmShri 

[jairichi]

1.

 

Dear Friends, 

Thanks for your valuable inputs 

 

 

In summary what I understand is when there is 221g/USICS evaluation on-going, result may turn to revoke of petition finally or may get approve; The alternate is re-file with other employer which can be done cap-exempt. 

Que 1: Whether cap-exempt is open throughout the year or I have to wait until April 2015 ? 

Que 2: I am not getting strong opinion on transfer, I guess I will have to check with lawyer Murthy 

 

Last Silly question: The employer A (petitioner) spent X $ on H1 filling  and stamping, I guess there is no way that US consulate or USICS will return if this is revoked. 

 

Dear Pokiri09

In my case on the refusal worksheet the reason mentioned is 9 FAM 41.53 N2-3 

 

I don't really know we submitted almost 4 kgs of papers with all the information right from office seat to financial. It is just fate ... 

 

Thanks

OmShri 

1. Anytime of the year.

2. Do that.

 

Don't bother about your silly question as it will not be returned to employer

[Pokiri09]

Dear Friends, 

Thanks for your valuable inputs 

 

 

In summary what I understand is when there is 221g/USICS evaluation on-going, result may turn to revoke of petition finally or may get approve; The alternate is re-file with other employer which can be done cap-exempt. 

Que 1: Whether cap-exempt is open throughout the year or I have to wait until April 2015 ? 

Que 2: I am not getting strong opinion on transfer, I guess I will have to check with lawyer Murthy 

 

Last Silly question: The employer A (petitioner) spent X $ on H1 filling  and stamping, I guess there is no way that US consulate or USICS will return if this is revoked. 

 

Dear Pokiri09

In my case on the refusal worksheet the reason mentioned is 9 FAM 41.53 N2-3 

 

I don't really know we submitted almost 4 kgs of papers with all the information right from office seat to financial. It is just fate ... 

 

Thanks

OmShri 

so u filed ur H1 with an internal in house proj and attended interview with the same project? If so lot of things will come into consideration for VO to issue the visa. If you want to fight with the same petition u can contact DHS and submit them the documents requested. If DHS gives a go ahead, u will get your VISA stamped.

 

If not, u can file a ne petition and go for stamping with new job.

[omshri]

I contacted ustraveldocs email the response was in general that, when I checked USCIS website this is the status. Do we have option to contact department of state ? if so can I contact or petition(via lawyer) has to contact? My petitioner has conveyed me that he has to wait until USCIS contact him, is this the real process or can we not pro-actively contact? 

 

Thanks 

 

On XXXX Q3 2014 XXX -DATE , the Department of State sent us your case, Receipt Number XXXX , for review. We are reviewing it, and will notify you by mail when we are done. Please follow any instructions in the notice. If you move, go towww.uscis.gov/addresschange to give us your new mailing address.

[jairichi]

I contacted ustraveldocs email the response was in general that, when I checked USCIS website this is the status. Do we have option to contact department of state ? if so can I contact or petition(via lawyer) has to contact? My petitioner has conveyed me that he has to wait until USCIS contact him, is this the real process or can we not pro-actively contact? 

 

Thanks 

 

On XXXX Q3 2014 XXX -DATE , the Department of State sent us your case, Receipt Number XXXX , for review. We are reviewing it, and will notify you by mail when we are done. Please follow any instructions in the notice. If you move, go towww.uscis.gov/addresschange to give us your new mailing address.

You just need to wait as DOS or USCIS will contact you or your employer after a proper review of your application is done.

[manjums]

I contacted ustraveldocs email the response was in general that, when I checked USCIS website this is the status. Do we have option to contact department of state ? if so can I contact or petition(via lawyer) has to contact? My petitioner has conveyed me that he has to wait until USCIS contact him, is this the real process or can we not pro-actively contact? 

 

Thanks 

 

On XXXX Q3 2014 XXX -DATE , the Department of State sent us your case, Receipt Number XXXX , for review. We are reviewing it, and will notify you by mail when we are done. Please follow any instructions in the notice. If you move, go towww.uscis.gov/addresschange to give us your new mailing address.

Hi Omshri,

 

Even my case is same as yours & I have attended interview at Chennai consulate on August 14 2014, presently they sent back my case or petition to USCIS for review and even i have received same mail as above in May 2015.

 

Now i am too planning transfer or change employer.

 

kindly keep updating on you Proceedings.

 

regards

manjums