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@pranavi, Sorry about the denial. You definitely should look into filing a new petition. In DS-160 you must select "Yes" since the consulate has "refused" your visa (stamping) and has sent the "petition" back to USCIS for revocation. Also, you did not receive the documents back because the consulate sent all those documents back to USCIS. Thanks.

Folks, Really sorry to hear about the denials. Hang in there please. I got my stamped passport yesterday. Briefly, got a 221g green from Chennai consulate early September - they wanted proof that my previous petition, earlier denied on EVC, was revoked. Submitted the following at Hyd VFS center on 12/2/2011: Revocation letter from USCIS, all H1b related docs, and passport. Hope the wait ends for everyone - it has been an excruciating wait for me the past 6 months (personal reasons). Good luck all!

@satyab Sorry about your Orange 221g. It just cannot be tracked. Calls to VFS, Kolkata Consulate, DOS - all will result in the same answer "under process". Unfortunately, you cannot do anything much but wait to hear from the Consulate. On a brighter note, Kolkata seems to be responding back fairly quicker than other places (my observation). If you were asked to submit additional documents, then you could have another interview when you go to submit the documents at the specified time on the 221g. Else you just have to wait.

My friend, in that case, I am sorry to say you should NOT plan on going for stamping anywhere. It is a problem even if the clients you changed are within 2 miles of each other. But in your case, the second client is in a different state altogether, correct?

@truePatriot Do you mind telling us what the sworn statement was about that you had to sign? I was in a similar situation but at the time did not know what that such a procedure existed. I haven't come across many people who have been through such a thing during the interview. Would really appreciate your response. Thank you!

Also have your lawyer mention in the letter that they sent a request to have it corrected (with date etc details) I did not. But since you are an FTE and have 7 years experience, I feel you should be ok. Be confident and bring all the relevant documents.

@dream16 It was common practice previously to simply file an LCA and not amend the I-129 when one changed clients.Of late it has become mandatory that the amendment be filed. You should be able to get an amendment and explain the reason truthfully to the VO. If you are able to get all the contracts and a client letter you should be ok. Honestly though, if you can avoid travel please do so since your model is EVC. That's my personal opinion.

Yes, it is incorrect in my I-797 but it is missing just one letter. This was my second petition (after the first one was denied) and I saw it after I received the docs here in India. However, my attorney said it shouldn't matter. I called VFS and they said it shouldn't matter because the consulate goes by the passport name and not I-797. You can try your luck depending on how incorrect the name is on I-797. It also depends on who made the mistake - your lawyer or USCIS? You can perhaps request your lawyer to give you a letter stating there was a mistake in your name made by them or USCIS, whichever applies. My theory now is that "do not leave any room for the consulate to issue a 221g". Just don't take any chances in the present scenario. Trust me - you think you are mentally prepared for administrative processing but once you get a 221g, everything is so confusing and frustrating.

@srinius It should be fairly easy for you to get it corrected while you are there. Your company's lawyer needs to get it corrected. I am told that the consulate will issue the visa based on your passport name and not the one on I-797. I also had this issue but unfortunately, I am stuck on 221g so do not know for sure. My advice would be to get it corrected so as to avoid any chance of unnecessary delays.

@Adil, I am in sort of a similar situation where my first visa was denied and the second one, though EC model, is stuck on 221g. I have been wondering if I should go for a 3rd petition or if I should just wait. For now I am waiting. But I'd be curious to see the outcome for your 3rd petition should you go ahead with one. In any case, the H1 transfer only works when you are within the United States. It will always be a new petition when you are out of the country - but cap exempt. So I am guessing you got your second petition for a 3-year period, correct? The same should apply for a 3rd one. Good luck.

@Prasad, The above post by vijaisekhar with replies to your questions is pretty good. You should follow that. The VFS guy at Chennai asked me about my role with my previous employer. As I was talking he cut me short and told me bluntly that they know I am lying and that they know I was on bench while I was with the previous employer. So he wanted me to write that and sign saying I had been on bench and not getting paid. This was a completely untrue statement. I had my W2s and paystubs to prove that I was being paid and that I was paying my taxes properly. When I refused to sign, things became complicated and I got stuck! Previous employer needs to revoke the petition - which he is not! Current employer is losing interest because client is getting impatient. Please let me know if you find some solution. Thanks!

@lakshma I could not find your email id on your profile and it got edited in your post. I think it is standard procedure with Chennai consulate that you need to go in person, on a Thursday, to withdraw your pending petition. They will need a written, sworn statement about why you want to withdraw your petition. If your employer is genuine, and they pressurize you to sign something against him, stand your ground and give it in writing that your employer is genuine. But do give the sworn statement. I wasn't aware of the procedure at all and it cost me my visa. Good luck!

In the 221(g) only the copy of the petition is checked along with a note saying USCIS confirmation required that the previous petition is revoked. Yes I read that post too - but I couldn't have signed something false, right? So waiting is the name of the game now!

I have a 221(g) from Chennai issued in Sep. Mine became a complicated case because I refused to sign a statement against my previous employer. I have a Master's from the US and have been living there for a little over 10 years with my I-140 approved and have been with the same employer. Went for stamping in early June with EVC model - got 221(g) and later a denial. Moved to vendor (EC model) and went to Chennai for stamping. Everything was going great until the VO saw something on the computer about my previous denial and went inside to discuss with someone. Later he sent me to a separate counter where a desi guy asked to sign a statement against my previous employer. I refused because my previous employer (desi) had never given me any problems and I was never on bench. I felt I was being bullied and stood my ground about not signing. I was sent back to the VO (american) who issued a 221(g) green saying he cannot issue a visa while the previous petition is open. He returned all my documents with a note saying I need to get my previous petition revoked from USCIS. Now my problem is this: my previous employer is in no mood to revoke the petition - he wants to wait and get reaffirmation. The new employer is in no mood to wait for too long. What are my options? I have been posting in various posts requesting some advice but no one seems to know the answer really. Who do I ask? I spoke to an immigration lawyer whose answers were not satisfactory. Please help me - give me some suggestions. Someone? Experts?

@northwest.bobby My previous visa was denied - so I did not think I needed to withdraw the petition. I did offer to withdraw the petition right there if need be, but they did not agree.