H1b stamping 221g please advise


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My H1b visa is under admin processing (given 221g blue slip). The client in my USCIS I129 petition is different from the one I am working with currently. The petition has my previous client details. Also my previous project was in EC model and current one is in EVC model. Since my new (current) client location is within the same MSA as previous client, my company/attorney told it is not required to file an amended petition. Please note my salary and job duties are same as with my previous client. Before going to the visa interview, my attorney gave me detailed letter addressing the Consulate and as well as gave supporting documentation explaining why an amended petition was not needed which I can give to the visa officer.

During the interview, I was asked only 5 questions : i) petitioner's name, ii) client name, iii) project details, iv) salary and v) if I have a middle vendor. I told the current details regarding - client , project and the name of the middle vendor. No other question or document was asked for. The VO gave me a blue slip after talking to another officer. She also returned the passport. When I asked the VO officer if she would like to take a look at the attorney's letter of explanation, the VO officer told she does not need any document at this time and that I will be contacted if any document is needed. It has been 1 month since I have attended the interview and none of us - employer, middle vendor, client or I were contacted so far.

Please let me know -

1) If mine falls under the complex case category with regards to verification and if so how long it would take for the verification to complete.

2) Since the visa officer did not take any documents from me (like the employer letter, vendor letter, client letter), how will the Consulate know whom to contact for verification.

3) Is there anything my attorney can do like emailing the letter of explanation to the consulate. I am just seeing if there is any way we can provide details in writing since all I was asked were the 5 questions mentioned above and no documents taken from me.

 

 

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Sorry to hear about your case.

1) If mine falls under the complex case category with regards to verification and if so how long it would take for the verification to complete. - No definite time lines for such cases now a days. Thats why everyone advise to do amendment if anything changes in your profile even if new working location address falls in same MSA.

2) Since the visa officer did not take any documents from me (like the employer letter, vendor letter, client letter), how will the Consulate know whom to contact for verification. - They will know your employer details from petition but not sure about current client and vendor deatils. It would have been good if you did amendment. If they need more surely they will approach your employer/attorney

3) Is there anything my attorney can do like emailing the letter of explanation to the consulate. I am just seeing if there is any way we can provide details in writing since all I was asked were the 5 questions mentioned above and no documents taken from me. - Nope as far as I know.

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On 6/16/2019 at 11:24 AM, chithu77 said:

 

My H1b visa is under admin processing (given 221g blue slip). The client in my USCIS I129 petition is different from the one I am working with currently. The petition has my previous client details. Also my previous project was in EC model and current one is in EVC model. Since my new (current) client location is within the same MSA as previous client, my company/attorney told it is not required to file an amended petition. Please note my salary and job duties are same as with my previous client. Before going to the visa interview, my attorney gave me detailed letter addressing the Consulate and as well as gave supporting documentation explaining why an amended petition was not needed which I can give to the visa officer.

During the interview, I was asked only 5 questions : i) petitioner's name, ii) client name, iii) project details, iv) salary and v) if I have a middle vendor. I told the current details regarding - client , project and the name of the middle vendor. No other question or document was asked for. The VO gave me a blue slip after talking to another officer. She also returned the passport. When I asked the VO officer if she would like to take a look at the attorney's letter of explanation, the VO officer told she does not need any document at this time and that I will be contacted if any document is needed. It has been 1 month since I have attended the interview and none of us - employer, middle vendor, client or I were contacted so far.

Please let me know -

1) If mine falls under the complex case category with regards to verification and if so how long it would take for the verification to complete.

2) Since the visa officer did not take any documents from me (like the employer letter, vendor letter, client letter), how will the Consulate know whom to contact for verification.

3) Is there anything my attorney can do like emailing the letter of explanation to the consulate. I am just seeing if there is any way we can provide details in writing since all I was asked were the 5 questions mentioned above and no documents taken from me.

 

 

Again a perfect scenario for everyone that even if the new client is in same MSA, always go for an amendment. If we don't apply for amendment then I-129 will not reflect the new client details and this causes confusion during stamping.

In your case you are not at fault since attorney did not recommend amendmend.

1. No time line.

2. They will email you if they need anything.

3. No. Can't do anything now. Need to wait.

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  • 1 month later...

Consulate contacted me 45 days after the interview to submit the documents. I have emailed the Consulate the original petition (that has the old client details) and supporting documents such as. Attorney letter why amendment is not needed, Google maps.

I have not heard back anything after that.

1. When emailing the documents, since the  H1B packet was more than 200 MB, my gmail automatically added it as google drive link.

The rest of the documents are attached in pdf.

Is it normal that google drive link be sent to the consulate.

2. Is my case a complicated one to adjudicate visa in the sense does Consulate need more time than normal to verify since my petition client is different from my current client. Note I have emailed the end client  letter as well contract between employer and middle vendor as those were also asked for.

3. Is there a chance Consulate would come back asking me to submit amended petition in spite of the supporting letters and documents that were emailed.

 

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