What is post-decision activity? My H1B has been refused and I-129 sent to USCIS

rkreddy1227

By rkreddy1227,
in H1B : Visa Stamp

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rkreddy1227 Newbie

rkreddy1227

Posted
Posted

Hi Friends,

I appeared my H1B Visa interview on 17th June'11 at Delhi Consulate and got

blue slip(221-g).After 7weeks, I got the refusal

stating "As per the US Embassy your application is refused under Section 221(g) of the Immigration and Nationality Act (INA) as the petitioner was not able to provide you qualifying employment in the US. Section 221(g) prohibits the issuance of a visa to an individual whose application is incomplete or inconclusive, or whose eligibility has not been firmly established.

Your case has been returned to the Kentucky Consular Center in the United States. Once KCC receives the case it will be sending it to the approving USCIS office. For further inquiries you/petitioner may wish to contact the approving USCIS office.".

Now I checked my case status in USCIS.gov and it is showing the status

circled as "Post Decision Activity".

and the description is"On Aug 2nd, 2011, a USCIS office received this case from the StateDepartment with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move whilethis case is pending, please use our Change of Address online tool to

update your case with your new address or call our customer service

center at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include

USCIS sending notification of the approved application/petition to the

National Visa Center or the Department of State. For denied

applications/petitions, post-decision activity may include the

processing of an appeal and/or motions to reopen or reconsider and

revocations."

Can you please tell me,

2)Is there any chance of getting approval on this?

2)if it will be approved, will the notification come to National Visa

center means Delhi Consulate or to my employer/petitioner or where ???

3)How long usually it takes to get a notification?

4) Right now can I apply for student visa, already I did masters in US and completed in 2009?

Please advice.

Thanks

Raj Reddy

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rajthewizard Advanced Member

rajthewizard

Posted
Posted

Hi Raj,

I am in the similar boat as you are, please find my answers below, these are purely based on my experience only.....so please do not think this might be the right answers

Can you please tell me,

1)Is there any chance of getting approval on this?

A) Yes but it will depends on what is your situation and what remark did the VO give to the USCIS on your case.

2)if it will be approved, will the notification come to National Visa?

A) yes, but there are two things that can happen from here.

if your application is good and if USCIS thinks there is nothing wrong in the application and reapproves right away it will directly go to the visa consular post and they will ask for your ppt for the Visa stamp.

If the USCIS think they might need more detials then they will put a NOIR Notice of Intent of revoke which means they will ask you some documents and you have to submit them and wait for the response if it is positive you have to take that reaffirmed application and again attend the interview. if not they will revoke your H1 and send letter to your employer

3)center means Delhi Consulate or to my employer/petitioner or where ???

A) center means Consulate post delhi in your case

4)How long usually it takes to get a notification?

A)It totally based on case by case for me I got the refusal in Nov 2010, got NOIR in June 2011 and still waiting for response from them after we have submitted all the required docs

4) Right now can I apply for student visa, already I did masters in US and completed in 2009?

A) Yes you can but be very careful, Bcoz the VO will have your case history so be very cautious. they might think you are trying to get into US somehow either by H1 or F1.In my opinion it is a risk that you have to decide to take it or not.

Please do not get disappointed with my answers, it has happened to me so it does not mean it will happen to you also. There are other ppl in this forum who got the response in a very short time.

ALL the very best....

Keep updating...

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Coolbuddy0311 Advanced Member

Coolbuddy0311

Posted
Posted

My sincere suggestion is to go for new H1 either from your prime vendor or any vendor in between, because chasing your old case will take a long time for sure and ultimately the response may turn out to be negative.

If you are working in an EVVC or EVC model, try to get hold of the vendor who is next to client or the one below the prime vendor.

Believe me,Don't get disheartened - A lot of people are doing that and are successful in their attempts.

Hope this helps n All d best.

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rajthewizard Advanced Member

rajthewizard

Posted
Posted

Hi RK,

As I already mentioned it all depends on why your case was sent back to USCIS. In your case as you have received the same reason that they gave me then I think it will a bit problematic as they will ask for the agreements between your employer and the vendor and the vendor to the end client. so when they ask for this will your vendor will be able to provide the new agreement. I think it is better for you to contact the vendor directly and ask if they can apply for a fresh H1. I am very much sure that your client will be willing to take you back if you do not have the visa issue. So ask your vendor to convince the client to wait for 2 to 3 weeks and apply for New H1 via premium processing. If you are lucky enough you can get approval in less than 10 days and you can also appear for another interview. One thing I found was if you are from Hyderabad then go to Hyderabad consulate only. Bcoz when i went to chennai the VO asked why did i come to Chennai where i had an option of going to HYD also.

so try that....and keep updating.

ALL the very best

Raj

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  • 1 month later...
  • 7 months later...
kts1983_longwait4us Newbie

kts1983_longwait4us

Posted
Posted

Hi,

i am also on the same boat. i got interviewed on 5th April 2011 got 221g blue slip submitted documents on may10th 2011. VFS sent a mail saying my case has been refused sent back to kentucky. In USCIS site it says

On February 10, 2012, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

For approved applications/petitions, post-decision activity may include USCIS sending notification of the approved application/petition to the National Visa Center or the Department of State. For denied applications/petitions, post-decision activity may include the processing of an appeal and/or motions to reopen or reconsider and revocations.

Still waiting for a response, and i have no clue how much time i have to wait.

My question is the same- what r the chances of getting the approval? Shud i ask my current employer to apply for a fresh H1? can i appy a fresh H1 or L1 from a new employer?

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