Passports returned and no 221(g) issued

[nvijay]

I joined new H1 B employer in the month of Jan and traveled to India in the month of Feb, I attended interview at hyd on 28th Feb,Visa Officer was very particular on the company address and the internal project, I am working on (internal project is real and is in good shape), he was asking on my they are not advertising on internet etc, at the end of the interview he said that my cases will be send back to US and did not handover any 221g slip, when I asked how to track the progress, he said, I can mail them or if everything is ok in US I will get a mail or courier,

What does this mean?

What all options I have now, my I797 is valid till 2014

Thanks in Advance

[ashukla]

your case has been sent back to the USCIS for further review and possible revocation, the current I797 is of no use untill USCIS will reaffirm the petition. Certainly there is no 221g needs to be issued in this particular instance.

Either you can file a new petition with new employer or wait for the reaffirmation notice from the USCIS (it may take upto a month or year).

[nvijay]

your case has been sent back to the USCIS for further review and possible revocation, the current I797 is of no use untill USCIS will reaffirm the petition. Certainly there is no 221g needs to be issued in this particular instance.

Either you can file a new petition with new employer or wait for the reaffirmation notice from the USCIS (it may take upto a month or year).

Thanks for the info, I have two questions

1. Can the new employer use the same petition and go with cap exemption?

2. If my current employer allows me to work from India, can I work and how long I can work? can they run US Payroll? ( my employer does not have any complany in India, is US based company)

[ashukla]

Thanks for the info, I have two questions

1. Can the new employer use the same petition and go with cap exemption?

2. If my current employer allows me to work from India, can I work and how long I can work? can they run US Payroll? ( my employer does not have any complany in India, is US based company)

1. New employer has to file a new petition for H1B although you are eligible for cap exemption as you already have an approved H1B (mean you dont have to wait till April 1st, you can file it tommorow).

2. Yes you can work till your employer is agree becuase your petition is still valid for the same employer, for payroll employer can generate it but about taxes I can not share any views as I do not have any idea, may be some one else have a situation similar to you and he would answer.

[whywhe]

Thanks for the info, I have two questions

1. Can the new employer use the same petition and go with cap exemption?

2. If my current employer allows me to work from India, can I work and how long I can work? can they run US Payroll? ( my employer does not have any complany in India, is US based company)

hi..i'm in a similar scenario and am working frm india at clients office here.my employer is US based and is running the payroll there.how long is a question for me too...:-(