itsmylife1980

Hi, Thanks for the reply, but could you please explain little more about FOIA ? What is this and can an independent do this ?

Hello friends, My brother applied for H1B in 2008 and its approved. At that time the employer did not provide documents so he did not go for visa interview. He just has the 797 petition number but he does not have a copy of it either. The employer only gave 797 petition number and the status shows that its approved. He does not even know for how many years it was approved. So now i have few questions how to get a copy ? the employer is not responding, not sure if that company exists or not. Can my brother apply as cap exempt ? or has to file as part of quota ? Whatever pointers which can help are appreciated . Thanks.

Hi Ramesh, I havent withdrawn my case because it was already rejected. I got an email from VFS that my case has been sent back to USCIS, so i dont need to withdraw. Only time you can withdraw is when you have given 221g and in waiting. Let me know if you have any questions.

Hi Friends, I went for visa stamping in EVC model @ hyd in Jan, left and right questions on employer-employee relationship. My emp and client were in different states and when I mention it he gave a very hard time of my life. issued 221g white and after 3 weeks, mail came that my case sent back to USCIS. inbetween my prject got over. My client asked me to wait for few months, waited and spoke to vendor to file h1. vendor agreed and client signed a new PO and gave client letter. got my petition approved. Now I went to chennai with EC model. was very tense but confident than first time. the VO asked below questions.. were u in US before? when did u came to india? which client? which city? salary? how long ur working for current company? i said im just joining how long u worked for this client? asked my I129, lca and employer letter. thats it.. returned back all and said visa approved. got my passport in 4 days. I saw lot of people has this issue, but seems EC model is safe that EVC. as EC model has the reporting easy to the employer. I wish you all get your visas soon. I looked this forum and prepared all the questions and was confident and relaxed.

Hi, For new h1 in your case, you wont come in quota. you can apply for premium processing if you want with same employer/new employer. chances again are dependent on how your attorney file it.. how you provide all the propoer documentation. good luck

Hi Friends, I have couple of questions and I am in the same like you.. In Jan I attended the interview, got 221g white slip for futher admin ver, in feb got mail from VFS that my case sent back to uscis and refusal letter has been mailed. But i havent received any refusal letter and neither do my employer. Do we need to know the reason for refusal when applying a new H1? I see you have a gap of 2-3 months between the 2 visa interviews( one which got rejected and later with new h1 ), were you working any where in India in those period? if visa officer will ask what were you doing since last 2-3 months what would be the best answer? If i wish to go to chennai and if VO asks why you came here , can i say i wasnt getting visa dates available at Hyd so came here? Do i need to drop documents at VFS 3 days before visa day at chennai? sorry 3-4 questions but please reply.... I am trying to apply a new h1 too.

Hi Friends, Its been 2.5 months now but i havent received any refusal letter, so the reason for refusal is unknown to me yet. Neither my attorney nor my company received the refusal letter too. Now I am trying to file a new h1 with my vendor, so do i need to know the reason for refusal now?

HI friends, I got refusal mail from VFS on feb 14, but so far I havent received the OF 194 refusal letter, how many days it will take, and who will receive it ? me/my employer or attorney?

update on my case: March 14: case reached USCIS ( on feb 15th i got email from VFS that my case sent to uscis.

Hi, you said "Keep one more thing in mind that if your priority date becomes current, you cannot do H1 transfer"/ Why cant I do H1 transfer if my priority date becomes current ?

Hi DontWorryBeHappy, Thanks for your reply. Actually i was in E V C model, now I am trying for 2 options. 1. I am trying to push the middle vendor to file a new H1 for me and request my client to take me back into the project and So that i would get the SOW / contract and my model would become EC. This will make to show the VO that I would be going back to same project on same role as my need is important there but my employer would be a new one and its employment structure would be different to my current emp. 2. My current employer would file a new H1 with a different project. But problem in this case is to find a new project. So out of above two which one would be safe way and why ? Also could you tell me what is consular processing of GC ? As per my knowledge if I 140 is approved and your date becomes current, the applicant needs to be present in USA before applying for I485 and EAD. Isnt this true ? Mine is EB2 and 2010ending PD, and right now its May 2010, so in a month or two my PD becomes current. So could you answer my above questions ? Did you apply for consular processing of your GC ? Kindly post here so that we share helpful information.

Hi DontWorryBeHappy, As you mentioned your case has been reviewed by USCIS in a month, now what is the next step? can u take the interview date and go for visa again ? Is there any website to check if the documents have reached the USCIS ? How to check online about this ?

Hi DontWorryBeHappy, Thanks for your reply. Actually i was in E V C model, now I am trying for 2 options. 1. I am trying to push the middle vendor to file a new H1 for me and request my client to take me back into the project and So that i would get the SOW / contract and my model would become EC. This will make to show the VO that I would be going back to same project on same role as my need is important there but my employer would be a new one and its employment structure would be different to my current emp. 2. My current employer would file a new H1 with a different project. But problem in this case is to find a new project. So out of above two which one would be safe way and why ? Also could you tell me what is consular processing of GC ? As per my knowledge if I 140 is approved and your date becomes current, the applicant needs to be present in USA before applying for I485 and EAD. Isnt this true ? Mine is EB2 and 2010ending PD, and right now its May 2010, so in a month or two my PD becomes current. So could you answer my above questions ? Did you apply for consular processing of your GC ? Kindly post here so that we share helpful information. Sorry for late reply, I was out of town for few days.

Hi Friends, I am on same boat, Jan 27th was interview and got white 221g slip, too many questoins on Emp and client manager, EVC model. on Feb 15th got email from VFS that OF 194 refusal letter has been sent and case sent back to Kentucky service center, asked to contact approving USCIS..... My attorney said an file a new H1 with premium processing.... between my client has rolled me off from the project knowing that i got 221g admin verif... I was there in US for 5 years, and in a month or two my PD will be current .... this is very unreal.... i read above posts and saw that reaffirmation , what is this reaffirmation ? who would be knowing me or employer about the reasons for refusal? to whom the OF 194 would be sent? in how many days it will take to reach us? Can we apply a new H1 now? ( will it be in next year's cap or can we immediately apply new H1 ? ) ... kindly reply guys,

i wrote to the VFS help desk, and got email that the OF 194 refusal letter to Kentucky center.... this is very sad man... can anyone tell what would be in OF 194? how much time it will take to reach Kentucky service center???? I am hopeless now ..... shatterred ...