New Petition Approved ..Go to Visa Interview or wait for reaffirmation result..Please guide!!

simply_anks

By simply_anks,
in H1B : Visa Stamp

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simply_anks Member

simply_anks

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Advisers,

Need your suggestion urgently!!

My Visa was refused under 221(g) on june 1st 2011. And, embassy has sent my case to USCIS for further review. After checking my EAC No. on USCIS link, they have updated the status that they received a case on June 6th 2011. and they will notify me once review will over. It's been 7 months, Neither they updated me nor they have updated the changes on the website. Meanwhile, my employer has applied for new petition that got approved till 2014. Please suggest shall I wait for re-affirmation or should go for fresh visa stamping.

Thanks and looking forward for your valuable thoughts...

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raghavapudi Advanced Member

raghavapudi

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Hi , even my petition was returned to USCIS which was filed by my future employer . my current employer (No 2 indian BIg IT giant ) had filed for my H1 ,im waiting for approval .

Could you share your reason for return to USCIS with specific reason from consulate ?

Make sure to have all the relevant info regarding your returned petition to answer the VO .

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pranavi2008 Advanced Member

pranavi2008

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Hi Friends

need suggestions..friday i got an email from consulate that my case was sent back to Kentuky consular center for further information please contact USCIS...

i didn't understand whether my case was denied or what..what is my next step..

i did not receive my documents which i submitted to consulate...any idea about this

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simply_anks Member

simply_anks

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Hi Pranavi2008..please share your interw details?

@raghavapudi..they have stnd reply that my employer is not able to provide qualifying employment to me in US. I was on EVC Model and had only 1yr petition approved that expired on sept 2011. Till the date, i stuck in india only.. My same employer filed new petition that have been apprved..since it's more thn 7 mnths and i m not sure if i would wait for last petition that sent to USCIS.

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vgk_la Advanced Member

vgk_la

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pranavi2008 ,

I did not get any docs back from consulate (Including original 797). They sent me a letter saying "

Your petitioner does not appear to be either able or willing to provide qualifying employment in the US in accordance with appropriate laws and regulations.

"

Now my case sent back to KCC ...Got 221g green on April 25 for H1b 6 year extn ...

My attorney is trying to track my case detail from USCIS ...

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kuku82 Advanced Member

kuku82

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My opinion to everyone

Apply for New h1b with same or new employer if you got 221g and waiting for more than 1 month..there is no point waiting after that.. they will send your case back to the USCIS and reaffirmation/revocation game starts from there which could take any where between 6 months to 1 year or even more in some cases.

The best deal is apply for new h1b. This is my own experience. I have gone through this stress for more than a year...

@Raj

Did USCIS contact your employer or attorney in between the time when your case was sent back up to the reaffirmation?

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simply_anks Member

simply_anks

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Thanks Raj & kuku82 for your thoughts!!

@ Raj - Did you get visa stamping on re-affirmation petition or your applied a new fresh H1-B petition. If new, did your old employer apply for new petition? I want to know if you get the visa on ur new petition.. and how ws ur experience? Please share

@ Kuku82 - Please share ur experience..did you get successful visa stamping on new petition ...

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rajthewizard Advanced Member

rajthewizard

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HI Simply,

I did not apply for a new petition but they asked me to come to interview again, I have sent them an email and waiting for the response. Another thing is in this one year time my old petition that i took for the last interview got expired last month so my employer applied for renewal and got it approved. So just waiting on the response from US consulate about how to proceed with my new renewed case.

HI KuKu,

Yes my employer received an NOIR and we replied right away with what ever they asked for. But it took too long to reach them and get it reaffirmed.

Let me know if you have any more questions...

Raj

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rajthewizard Advanced Member

rajthewizard

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HI victim221g_hyd

No they say it as NOIR will be responded within 60 days but it is not true in my case, it took more than 90 days for me to get a repsonse, when my attorney questioned about the delay they simply said they did not get the document and asked us to send it again...It really frustrated me a lot. I dont know why USCIS is behaving like this. Hope i answered your question.

Let me know if you need anything else

Raj

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victim221g_hyd Advanced Member

victim221g_hyd

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I cant use offensive lang here but man they S**** , Once the documents are recived by them the status at uscis will change saying documents reviced ## date and will reply of decision in 60 days ... my clock just had 1 more day he he on 28th ill complete 60 days ....

my initial rejection was in 2010 OCT u do the math of the quick turn around by these folks

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tungathurthi Newbie

tungathurthi

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Guys Please help me with my situation... I need some experts suggestion...

I went to hyd consulate and got 221 g yellow on May 2011. I work on EVC model . I gave all the required docs to the VO during the interview. VO told that NO further Action is required my side and Consulate will contact me when I need to send my passport.

Unfortunately , Nobody contacted me yet.

My situation is my I 797 is going to expire on Mar 2012. Now I found an employer who can sponsor H1 while am in India,

My Question Do I need to withdraw my old petition which is hanging at the hyd consulate before applying new h1 or h1 transfer.

Another Question is Can my future employer directly transfer my H1 without applying for new H1.

Please respond appropriately.... Any Suggestions are appreciated...

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raghavapudi Advanced Member

raghavapudi

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hi tungathurthi ,

Let me tell you out of my exp which best suits you here .

1) even i had hanged in the same way for 7 months and got the petition returned to USCIS , so instead of waiting for the same , you withdraw the visa application by contacting vfs .

before you go for stamping for the new employer , you need to withdraw the old one .

2) since you are in India , transfer is almost same as filing a new one , since you already have a petition approval (old one )you dont fall under cap count , so send a copy of your old petiiton to new employer .

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svikram12 Advanced Member

svikram12

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hi tungathurthi ,

Let me tell you out of my exp which best suits you here .

1) even i had hanged in the same way for 7 months and got the petition returned to USCIS , so instead of waiting for the same , you withdraw the visa application by contacting vfs .

before you go for stamping for the new employer , you need to withdraw the old one .

2) since you are in India , transfer is almost same as filing a new one , since you already have a petition approval (old one )you dont fall under cap count , so send a copy of your old petiiton to new employer .

Hi Raghavadi,

One question, if you can help me. In my case they said that they are going to revoke my petition and sending it back to USCIS.

I guess in my case I don't have to withdraw my application, since they did not give me any slip neither took anything from me. So now either my employer look for another client or I can look for another employer. Correct ?

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tungathurthi Newbie

tungathurthi

Posted
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hi tungathurthi ,

Let me tell you out of my exp which best suits you here .

1) even i had hanged in the same way for 7 months and got the petition returned to USCIS , so instead of waiting for the same , you withdraw the visa application by contacting vfs .

before you go for stamping for the new employer , you need to withdraw the old one .

2) since you are in India , transfer is almost same as filing a new one , since you already have a petition approval (old one )you dont fall under cap count , so send a copy of your old petiiton to new employer .

@Raghavapudi

Thanks for the response... So Can my future employer go for the H1 transfer now without me withdrawing the current petition.

I am thinking to withdraw the current petition after my new H1 is approved. Am I thinking correctly.. Please suggest...

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