H1B (221g) Yellow slip at hyderabad ,i am going to loose ny job(urgent help)


nandivelugu

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Hi Folks,

This is Madhavareddy Nandivelugu

I came to the U.S.Consulate for H1B stamping on May 10th, 2011 at hyderabad(India)

I received a query.Based on the query I submitted all the relevant supporting documents to the U.S. Consulate on June 01st, 2011.

I didn't hear anything from the consulate

My Visa End date is DEC 14 th,2011.

I had a long term contract with client .still they are waiting for me to come back and resume my job.

I Got my labour and I-140.

would really appreciate it if u provide any suggestions to got visa

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Hi Madhava

I am sorry to hear about your case. Anyways I wish good sense prevail over the VO to get your passport stamped with visa

1.How many times your h1b is extended before I-140 approval?

2.Do your stay in US lasted 6yrs while on h1b?

3.Suppose if you have already used 6yrs of h1b with employer and I-140 approved then you have to file new h1b with the current employer or employer who is sponsoring your GC rather than filing a new H1b with a different employer or client.

4. Anyways I might be wrong but try find out whether you are eligible to file a new H1b with a new employer?

Thanks & Regards

winter21

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@nandivelugu: Can you tell me if yours is EVC model and what questions were asked in your interview ?

Has your client been contacted till now ?

I suggest you write to the Consulate through your attorney and also have a Senator/Congressman in the US follow up on your case. The crux of the problem with 221g is that the Consulate is making a decision on rejecting the visa immediately after you submit the documents and not letting us know until after a few months. The same happened in my case. It took 4 months to get the rejection letter.

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Hi forumman, can you possibly share what reason they stated for your H1 rejection? my H1 also got rejected under 221(g) and they said my petitioner does not appear to be either able or willing to provide employment in accordance with US laws and regulations. I am just curious to know if this is a blanket statement they are making generally, or if this really was a specific problem they saw in my case.

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  • 2 weeks later...

Hi Madhava

I am sorry to hear about your case. Anyways I wish good sense prevail over the VO to get your passport stamped with visa

1.How many times your h1b is extended before I-140 approval?

2.Do your stay in US lasted 6yrs while on h1b?

3.Suppose if you have already used 6yrs of h1b with employer and I-140 approved then you have to file new h1b with the current employer or employer who is sponsoring your GC rather than filing a new H1b with a different employer or client.

4. Anyways I might be wrong but try find out whether you are eligible to file a new H1b with a new employer?

Thanks & Regards

winter21

-If u have an approved 140(and is not revoked by employer), u do not necessarily have to apply extension through the same employer. 140 can also be transferred and when a new employer applies,irrespective of 6 year period being complete or not, u are eligible for 3 years of extension. With the new employer u have to apply for labor, 140 again, but u can keep ur priority date and not loose ur seniority.

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@nandivelugu: The Senator/congressman will have to fill out a query form on your behalf on the website of Dept. of State, Bureau of Consular Affairs. This is pretty simple. But the Senator will not hear a positive response just because he is a Senator. He will also have to wait for the response. The Consulate people will say the same thing " We will let you know once we process the case" and it might take months. So, I suggest you call the consulate on phone and ask about ur status every week. The number is on their website.

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