H1-B denied and issued 221(g). Refile?

[SS1452]

Hi Gopal and other experts - Looking for some advice so would appreciate it if you could share your insights. I had my H1-B Visa interview in Chennai on 20th Nov, 2019 and was denied a visa and issued 221(g).

Case background:

• Completed my Masters in the US in 2016. From 2016-17 worked for one employer on OPT and switched to current employer (US Big 4 Consulting co.) in 2017; was on STEM OPT from 2017-18
• Employer filed H1-B petition in Apr 2018 and was picked up by lottery so status changed from F1 to H1 in Oct 2018
• In the intervening time between Apr 2018 (when petition was filed) and now, I received a promotion - so title change to Manager (from Senior Consultant) and my salary increased by about 15% vs. the info in petition.
• I'm currently on an internal role (so not deployed at client site) but unfortunately couldn't get a signed off JD from the company on the current role in time due to delays at the company
• While going through the original I-129, I also saw the client letter that the company gave in the original petition,filed in Apr 2018, was for a project that I was not a part of so not clear why they'd do that

Interview:

VO: Hello - may I have your passport?
Me: Good morning *hands over passport*
VO: Client letter and I-797 please
VO: So what is your your role on the project
Me: I'm currently a Strategy Manager. Its an internal role that I'm staffed on for the time being.
VO: So you're not on this client project
Me: No
VO: Do you have a document that outlines your current responsibilities?
Me: Unfortunately I couldn't get it in time for the interview *realized this was beginning of the end*
VO: Whats your salary
Me: *Current Salary* (which is different from what was in the petition filed almost 1.5 years back)
VO: What course did you complete?
Me: XXX
VO: When did you graduate
Me: Jan 2016
VO: What status were you on
Me: F1 since I had OPT for 1 year (and the eventually STEM extension for 2 more)
VO: Have you ever been out of status?
Me: Never
VO: Married? Spouse status?
Me: Yes - H4
VO: Any children? US Citizen?
Me: Yes child is US Citizen
VO: I'm unable to issue a visa currently. Please respond back with the information requested in this form.

Issued a Blue 221(g) where I'm asked for:
1. Description on role on current project
2. Information on projects that I will be deployed on for the duration of the petition (till Aug 2021)
3. W-2s from last 2 years

While I feel I clearly screwed up by not being fully prepared for this, I wanted to check if anyone has any advice to offer. I'm currently working with my employer to figure out next steps and I understand that replying to the 221(g) is like a black box with no clarity on when it will get resolved (7days -17 months) so wanted to check:

1. Any general advice on the situation?
2. Any suggestion on having the employer re-file the petition with updated info on title/salary/projects?
3. Would re-filing be a better solution i.e. do not respond to 221(g) for now and refile with premium processing or do both in parallel?

Thanks in advance for your help.

[ashukla]

On ‎11‎/‎22‎/‎2019 at 5:11 AM, SS1452 said:

Hi Gopal and other experts - Looking for some advice so would appreciate it if you could share your insights. I had my H1-B Visa interview in Chennai on 20th Nov, 2019 and was denied a visa and issued 221(g).

Case background:

• Completed my Masters in the US in 2016. From 2016-17 worked for one employer on OPT and switched to current employer (US Big 4 Consulting co.) in 2017; was on STEM OPT from 2017-18
• Employer filed H1-B petition in Apr 2018 and was picked up by lottery so status changed from F1 to H1 in Oct 2018
• In the intervening time between Apr 2018 (when petition was filed) and now, I received a promotion - so title change to Manager (from Senior Consultant) and my salary increased by about 15% vs. the info in petition.
• I'm currently on an internal role (so not deployed at client site) but unfortunately couldn't get a signed off JD from the company on the current role in time due to delays at the company
• While going through the original I-129, I also saw the client letter that the company gave in the original petition,filed in Apr 2018, was for a project that I was not a part of so not clear why they'd do that

Interview:

VO: Hello - may I have your passport?
Me: Good morning *hands over passport*
VO: Client letter and I-797 please
VO: So what is your your role on the project
Me: I'm currently a Strategy Manager. Its an internal role that I'm staffed on for the time being.
VO: So you're not on this client project - Here is the blow out started
Me: No
VO: Do you have a document that outlines your current responsibilities? - Second step for confirming the outcome
Me: Unfortunately I couldn't get it in time for the interview *realized this was beginning of the end*
VO: Whats your salary
Me: *Current Salary* (which is different from what was in the petition filed almost 1.5 years back) - This really have no impact as long as you are getting paid what is mentioned in LCA or higher than that.
VO: What course did you complete?
Me: XXX
VO: When did you graduate
Me: Jan 2016
VO: What status were you on
Me: F1 since I had OPT for 1 year (and the eventually STEM extension for 2 more)
VO: Have you ever been out of status?
Me: Never
VO: Married? Spouse status?
Me: Yes - H4
VO: Any children? US Citizen?
Me: Yes child is US Citizen
VO: I'm unable to issue a visa currently. Please respond back with the information requested in this form.

Issued a Blue 221(g) where I'm asked for:
1. Description on role on current project
2. Information on projects that I will be deployed on for the duration of the petition (till Aug 2021)
3. W-2s from last 2 years

While I feel I clearly screwed up by not being fully prepared for this, I wanted to check if anyone has any advice to offer. I'm currently working with my employer to figure out next steps and I understand that replying to the 221(g) is like a black box with no clarity on when it will get resolved (7days -17 months) so wanted to check:

1. Any general advice on the situation? - Ideal situation is wait for sometime as blue 221 G is mainly for verification purpose.
2. Any suggestion on having the employer re-file the petition with updated info on title/salary/projects? - Filing new petition with new salary or title is fine but main thing required is what you have mentioned in petition should stay by the time of interview, in case there is change then you should be able to back it up by documents. Like amendment, or if your role is changed,  whatever is changed should be backed up with documents
3. Would re-filing be a better solution i.e. do not respond to 221(g) for now and refile with premium processing or do both in parallel? - Your employer should respond to 221G else this raise a flag on his name, no matter how ugly response he would file but its highly recommended that he should reply. Your current 221 G has no effect or impact if your employer intended to file a different petition.

Thanks in advance for your help.

 

[gopalakrishnach]

Best advise re-file since it will be hard to reply to your 221G. This time make sure it is not internal role and active role in a client project. Your situation is hard.

[SS1452]

Thank you Gopal and ashukla for your insights.

Gopal - just to confirm you're suggesting that my company file an altogether new petition, correct? And if I understand right, probability of approval is quite low given the circumstances? 

[gopalakrishnach]

If your same employer applying new H1B petition make sure this time it is some external outside client project not internal project. Else new employer better..