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rcd47

F1 to H1B -> 221g -> Reaffirmed after 1.5 yrs -> Re-interview -> 221g Again

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Completed MS and 5 yrs on H1. (Total 8 yrs in USA)

 

Came to India for wedding and H1B extension stamping. Labor & i140 Approved.

 

 

F1 to H1B - Nov 2011 -> issued 221g recommending to revoke based on employee employer relationship criteria (EC model)

 

Reaffirmed - Feb 2013

 

PIMS updated - Jun 2013 (Tried for a letter from old Client, but no open position)

 

Scheduled Re-interview - Sep 2013 (Employer was forcing me to go without Client letter)

 

 

Here is how re-interview has started and concluded.

 

 

Me: Good Morning

 

VO: Asked for Passport and Appointment Letter

 

VO: How many employees work at Dataformix Technologies

 

Me: About 40

 

VO: Who is the client?

 

Me: Sir mine is reaffirmed petition, my employer has multiple openings and will assign me a project. I got a confirmation letter from my employer.

 

VO: It doesn't work, so you don't have client? once you land there are you going to be on bench?

 

Me: No sir, my employer has multiple openings, he will be assigning me the project.

 

VO: No no. Give me all the documentation that your employer gave it to you.

 

Me: Gave complete set of petition documents along with latest employment verification letter

 

VO called another officer and discussed it with him like 10 mins, seeing the screen. And they together came to a conclusion

 

VO: So no client now?

 

Me: Yes Sir.

 

VO: Sorry I cannot issue visa now, and gave me 221(g) 

 

Me: Ok sir.

 

VO: Bye bye

 

Me: Bye. Thank you.

 

 

 

IN new 221(g) - asked to submit "COPY OF PETITION WITH ALL SUPPORTING DOCUMENTS"

ALSO had written as "NEW PETITION NEEDED AS NO LONGER WITH ORIGINAL CLIENT" 

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The reason VO got confused was because you were not able to give client details. I understand your employer gives you the project for different client, however he wants to know current client situation which you are not able to give because you are in India.

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Any time you change client place you need to file amendment. However in your case you are outside of US. You better have advise with your attorney 

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