Case sent to USCIS for reconsideration...Need Help!

[avinash_83]

Hi,

My interview was at Vancouver on 4th Feb. I work on EVC model. Interview was straight forward.

How long you are working for employer?

where did you do masters? what is your major?

what is your roles and responsibilities?

Which client you work for? how long?

Client letter?

That's it. She said we are sending your case to USCIS for reconsideration. I asked how long its going take and she said there is no definite timeline it depends on USCIS.

I am not sure what was wrong with my application. I had all the documents client letter, paystubs, W2's. I am working for same employer and client for last 2 years.

There was one more person who got same outcome. but did not got time to discuss his interview in detail.

I have my car and all the stuff in US. How long it gone take to get final decision? should i wait in here in Canada? Can i go to US for few days and then to INDIA?

Please, advise !!!

[kumary]

At what time your interview was scheduled on feb 04?

did you went to counter4?

[humami1on]

Hey do not go out of country, even though if you go come right away.

Take all measures.

[aneelreddy]

I had the same problem here in Hyderabad consulate. The VO told me that H1 needs to be amended and sent the case to USCIS for recosideration. After 3 months, I got a refusal letter for it. Your case may not be the same and also may not take such long. All the best.

[Arvinder Vemula]

Ask your employer. He would know better or he will ask his attorney.

[phpdude]

@avinash sorry to hear this. Is your major not releated to your work?

[vbyvr]

Avinash!

Could you please elaborate your case details, your nature of work, your qualifications, your employer history in USA. A detailed explanation of your case may help you get some useful inputs from the readers. For info sake here is a link that you may mind helpful. But again..if you could provide more details..that will be of great help to you and the forum.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=aa7e89ce45c80210VgnVCM1000004718190aRCRD

Regards,

V

[avinash_83]

I am DBA and working at client site in EVC model. I did masters in computer science from one of the good universities on East side. My employer is medium size desi consulting firm.

I talked to my vendor and they are ready to transfer my H1. I am trying to find out once the transfer is done, can i go to stamping again or i need wait till previous decision? or I need to wait till April to file new petition with vendor.

[RajeshChowdary]

You can't go back to US now .... If you want you can take passport and go to India and come back once you hear from embassy that your VISA approved.

I got 221g too on jan 23rd still waiting for result.

Which counter you went ?

If you need accommodation let me know..!!

rajeshchowdary01@gmail.com

[RajeshChowdary]

I am DBA and working at client site in EVC model. I did masters in computer science from one of the good universities on East side. My employer is medium size desi consulting firm.

I talked to my vendor and they are ready to transfer my H1. I am trying to find out once the transfer is done, can i go to stamping again or i need wait till previous decision? or I need to wait till April to file new petition with vendor.

whoa whoa... not so fast ... it don't take much time to get approve.

So many got recently but it didn't took much time to get approve. So your case also same, just they do some extra check.

[Attorney_25]

Sending a petition back to USCIS for reconsideration is not the same thing as 221g at the consulate. Avinash's file is now out of the hands of the consulate, and it may take about a year to resolve at USCIS. The consulate is required to give some basic explanation of the reason for rejection. You will need that reason in order to have a new petition approved - through the same employer or even a new employer. It would be best if you had a qualified attorney to review your file and help you to make a decision as to the next step. An attorney should also be able to get some basic explanation for the denial at the consulate, if you are not able to do that on your own.

[vbyvr]

Attorney_25 - 'You will need that reason in order to have a new petition approved - through the same employer or even a new employer.'

I am not sure if this highlighted is accurate, atleast from my friends case which is similar to Avinash's. One of my friend went for Visa extension last year at Delhi Consulate and was given a 221g and later 'Transferred the case for re-consideration to USCIS'. Similar to Avinash, his primary vendor agreed to transfer his H1-B and they applied for a new petition in premium while the previous case was at USCIS. He got the new petition approved, went to stamping on this new petition, got approved, came to USA and started working. A month or so later, his previous employer received an email from USCIS with the Notice of Intent to Revoke. So it is evident atleast from this case, that Avinash can apply for a new petition and apply for a visa again with this new approved? petition and ignore his previous case completely, as his primary vendor agreed to do his transfer. I might be wrong but this is a true experience and my 2cents.

For Emphasis, here is a similar case at some-other forum.

http://www.******************

Regards,

V

[harib]

Avinash,

i am also on same boat can you please give me ur email or contact details i atteneded interview on Jan31st at vancouver.

She told me the reason for refusal is amendment.