Fastest Processing time after 221(g) Refusal???

sg1010

By sg1010,
in H1B : Visa Stamp

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sg1010 Advanced Member

sg1010

Posted
Posted

Hi Guys,

I got a 221(g) refusal stating "employer not providing suitable employment" and my petition was sent back to USCIS. I know lot of other valid H1 folks are going through the same problem.

The process now seems like to wait for USCIS to hopefully reaffirm it and then be at the mercy of DOS to issue you a visa. (while we deal with our lives during this time!)

Question is: What is the fastest processing time so far in such a case? 1 month, 2months, 1 year, 10 years?

I'm trying to find this out because I also need to explore other options as I want to get back to US as soon as possible. (just like the others)

Today, I also read in the papers about an Indian minister taking this up with the US govt at a conference meeting in DC but I'm not really banking my hopes on that as that would take centuries to change!

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tejalks Advanced Member

tejalks

Posted
Posted

Hi,

I am in the same situation like yours.. I read somewhere on murthy forum that one person got reaffirmation in less than 2-3 months (that's just one case), though not sure if this was in the beginning of 2011, coz recently I have not seen many people post their experiences post case reaching USCIS.

Do keep this post alive, so that we can get answers to our questions here (hopefully)..

Good luck.

Regards,

Tejal.

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  • 2 weeks later...
  • 1 month later...
sg1010 Advanced Member

sg1010

Posted
  • Author
Posted

update on my case...

Sep 12 - visa interview - EC model - Vo returned PP and 221(g) blue.

Sep 19 - Letter from Consulate that petition sent back to USCIS on grounds of employee-employer relationship

Oct 24 - email from USCIS that they started reviewing my case.

Nov 12 - still waiting!

Anyone in a similar situation? Please post your experiences.

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  • 3 months later...
maverick33 Member

maverick33

Posted
Posted

My case,

Visa Interview @ Chennai - Jan-11-2012 : Got 221(g) green stating that 'my petition was being returned to the USCIS for further review..........'

I will post any updates in my case in this thread. Mine is a EC model. If anyone has experience with their petition been sent back to the USCIS got reaffirmed and ultimately got visa stamp, please post your individual experience with the duration of time it took for entire process.

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rajthewizard Advanced Member

rajthewizard

Posted
Posted

Hi maverick,

I am in the same boat as you are, my case was sent back and it took almost a year to get the reaffirmed petition. i am waiting to attend the interview again. it is taking time for them to even reply when to attend the interview. this really scuks. I think if your company is willing to wait for almost a year then wait or else forget and apply for another H1.

Let me know if you have any questions

Raj

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goodluckishere Advanced Member

goodluckishere

Posted
Posted

Even I am in same situation. Received an email on Jan 27th that my visa was refused and has been sent USCIS.

My employer is trying to find the reason for refusal.

I am curious to know if there is way to expediate this process.

I even suggested my attorney that I will get my h4 stamp and then my employer can file for new H1. But, he said that there are high chances of rejection for new h1. :(

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DontWorryBeHappy Advanced Member

DontWorryBeHappy

Posted
Posted

Oct 31 2011 - Visa Interview, EVC Model, Left & right E-E related questions, 221(g) white form

Nov 3 2011 - Got refusal mail, Case sent back to USCIS for review with possible revocation

Dec 27 2011 - USCIS received the case & started reviewing it

Jan 31 2012 - Employer got Reaffirmation mail from USCIS

Contacted consulate for next steps; They told reaffirmation status needs to be updated in PIMS. Waiting....

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maverick33 Member

maverick33

Posted
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Hi DontWorryBeHappy,

Thanks for providing your case updates.

So it took close to 3 months to get your h1b reaffirmed.

Got few questions.

Can you tell me which USCIS consular center approved your petition ? I have been reading that processing times depends upon service centers.

Did you try to expedite the process through CIS ombudsman? My attorney has contacted CIS ombudsman and waiting for a update from them by next week. Do you know if they can be of any help ?

Also did USCIS contact your employer with any NOID or RFE ??

Wish you good luck with your next steps with the consulate.

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itsmylife1980 Member

itsmylife1980

Posted
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Hi Friends,

I am on same boat, Jan 27th was interview and got white 221g slip, too many questoins on Emp and client manager, EVC model. on Feb 15th got email from VFS that OF 194 refusal letter has been sent and case sent back to Kentucky service center, asked to contact approving USCIS.....

My attorney said an file a new H1 with premium processing.... between my client has rolled me off from the project knowing that i got 221g admin verif...

I was there in US for 5 years, and in a month or two my PD will be current ....

this is very unreal....

i read above posts and saw that reaffirmation , what is this reaffirmation ? who would be knowing me or employer about the reasons for refusal? to whom the OF 194 would be sent? in how many days it will take to reach us?

Can we apply a new H1 now? ( will it be in next year's cap or can we immediately apply new H1 ? ) ...

kindly reply guys,

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DontWorryBeHappy Advanced Member

DontWorryBeHappy

Posted
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Hi maveric33, Thanks, here are the answers to your questions

Can you tell me which USCIS consular center approved your petition ? I have been reading that processing times depends upon service centers.

Vermont Service Center

Did you try to expedite the process through CIS ombudsman? My attorney has contacted CIS ombudsman and waiting for a update from them by next week. Do you know if they can be of any help ?

I haven't contacted CIS to expedite. I have no idea about this.

Also did USCIS contact your employer with any NOID or RFE ??

No RFE/NOID. They just reaffirmed. They didn't even contacted my employer/vendor/client. But good news from my side is client is still waiting for me even if it is almost 4 months. I am not even working remotely. I suggest guys who are coming to India for visa stamping should at least try to make arrangements for working remotely. That really helps when this 221(g) process is going on...

Wish you good luck with your next steps with the consulate.

Thanks, Will update you guys as soon as I get any reply from consulate.

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DontWorryBeHappy Advanced Member

DontWorryBeHappy

Posted
Posted

@itsmylife1980 Here are my suggestions for you. Please recheck with couple of others before applying them. Others correct me if I am wrong.

My attorney said an file a new H1 with premium processing.... between my client has rolled me off from the project knowing that i got 221g admin verif...

If client discontinues support. I guess It's pretty difficult to get the visa based on this petition. It's better to look for a new client and start processing for a new petition. I suggest to look for a project in employer/sposeror's geographical area as It a bit easy to convince Consular officer that your employer monitors your work.

I was there in US for 5 years, and in a month or two my PD will be current ....

If things won't go through with H1. Look for a job in India and convert to Consular Processing for your GC case. It takes at least 8-12 months for your consular processing to complete. As per my research you will have more chances of coming back to US through CP directly with GC. Even my dates will be current in a month or two.

this is very unreal....

i read above posts and saw that reaffirmation , what is this reaffirmation ? who would be knowing me or employer about the reasons for refusal? to whom the OF 194 would be sent? in how many days it will take to reach us?

It goes like this. USCIS is the first person who approved your work permit/petition. By bringing that to consulate you applied for visa. Consular Officer has the authority to issue a visa or not. By going through your case he didn't get convinced that your work permit is invalid as it didn't satisfy employer-employee relationship memo that was issued on Jan 8 2010. He has no authority to revoke the work permit issued by USCIS. Hence he put your case in 221(g) admin processing and sent back the petition to USCIS for review and with the recommendation to revoke by forwarding their new findings in the visa interview. USCIS reviews it they can either revoke(in this case they wll send NOIR to your employer), can reaffirm(Stands by their previous decision, in this case they send the case back to Consulate), can send an RFE to your employer. The timeline for USCIS review is indefinite. Thats where the most of the delay happen in 221(g) cases. My USCIS review got completed in a month.

Can we apply a new H1 now? ( will it be in next year's cap or can we immediately apply new H1 ? ) ...

You can, You won't come under Quota. You will get it for 3 years if you have I-140 approved.

Hope this info helps...

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egaurav22 Newbie

egaurav22

Posted
Posted

My case:

Visa Interview: 7 Nov 2011

I was not told by visa officer that I am getting a 221g nor got any slip... then after one month I got my passport back with no stamp and a 221g refusal letter saying it has gone back to USCIS for revoke.

When my employer contacted uscis they said, wait for 6 months and if you still don't get a reply then contact us.

today its more than 3 months now...still waiting...

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  • 2 weeks later...
itsmylife1980 Member

itsmylife1980

Posted
Posted

Hi DontWorryBeHappy,

Thanks for your reply.

Actually i was in E V C model, now I am trying for 2 options.

1. I am trying to push the middle vendor to file a new H1 for me and request my client to take me back into the project and So that i would get the SOW / contract and my model would become EC. This will make to show the VO that I would be going back to same project on same role as my need is important there but my employer would be a new one and its employment structure would be different to my current emp.

2. My current employer would file a new H1 with a different project. But problem in this case is to find a new project.

So out of above two which one would be safe way and why ?

Also could you tell me what is consular processing of GC ? As per my knowledge if I 140 is approved and your date becomes current, the applicant needs to be present in USA before applying for I485 and EAD. Isnt this true ?

Mine is EB2 and 2010ending PD, and right now its May 2010, so in a month or two my PD becomes current. So could you answer my above questions ? Did you apply for consular processing of your GC ?

Kindly post here so that we share helpful information.

Sorry for late reply, I was out of town for few days.

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meet_prem007 Newbie

meet_prem007

Posted
Posted

Hi DontWorryBeHappy,

As you mentioned your case has been reviewed by USCIS in a month, now what is the next step? can u take the interview date and go for visa again ?

Is there any website to check if the documents have reached the USCIS ? How to check online about this ?

Check your H-1B receipt number on USCIS case status website.

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itsmylife1980 Member

itsmylife1980

Posted
Posted

Hi DontWorryBeHappy,

Thanks for your reply.

Actually i was in E V C model, now I am trying for 2 options.

1. I am trying to push the middle vendor to file a new H1 for me and request my client to take me back into the project and So that i would get the SOW / contract and my model would become EC. This will make to show the VO that I would be going back to same project on same role as my need is important there but my employer would be a new one and its employment structure would be different to my current emp.

2. My current employer would file a new H1 with a different project. But problem in this case is to find a new project.

So out of above two which one would be safe way and why ?

Also could you tell me what is consular processing of GC ? As per my knowledge if I 140 is approved and your date becomes current, the applicant needs to be present in USA before applying for I485 and EAD. Isnt this true ?

Mine is EB2 and 2010ending PD, and right now its May 2010, so in a month or two my PD becomes current. So could you answer my above questions ? Did you apply for consular processing of your GC ?

Kindly post here so that we share helpful information.

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Destiny2US Member

Destiny2US

Posted
Posted

I have similar situation

Dec 1, 2011 : H1B Stamping Interview at New Delhi Embassy, Received Green 221(g)

Jan 19,2012 : Document Submission

Feb 26,2012 : Received mail from New Delhi Embassy, stating case has been refused and sent to USCIS............

What would be the next step? Can employer re-appeal? What are the chances?

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DontWorryBeHappy Advanced Member

DontWorryBeHappy

Posted
Posted

Hi DontWorryBeHappy,

Thanks for your reply.

Actually i was in E V C model, now I am trying for 2 options.

1. I am trying to push the middle vendor to file a new H1 for me and request my client to take me back into the project and So that i would get the SOW / contract and my model would become EC. This will make to show the VO that I would be going back to same project on same role as my need is important there but my employer would be a new one and its employment structure would be different to my current emp.

Chances of EC is a bit better compared to EVC. But still Consular Officer needs to be convinced that your Petitioner controls your work/employment not the Client.

2. My current employer would file a new H1 with a different project. But problem in this case is to find a new project.

I think this might work if you would be able to find a job nearby your employers location so that you can convince the consular officer that your employer is controlling/monitoring your work. But what will you do if the the consular officer puts this as well in 221(g) by citing the previous 221(g) as a reason.

So out of above two which one would be safe way and why ?

I would suggest to find a different employer and the client project in their geographical location possibly no layers in between. Keep one more thing in mind that if your priority date becomes current, you cannot do H1 transfer.

Also could you tell me what is consular processing of GC ? As per my knowledge if I 140 is approved and your date becomes current, the applicant needs to be present in USA before applying for I485 and EAD. Isnt this true ?

If you are in US you will apply I485, EAD, AP. Since you are not there you may choose to move your case to India for Consular processing. Which seems a safe route and if it works out you will directly land in US as a Permanent Resident. Check these links for more info. On the left side of the topic you will find more articles which clarifies most of your questions i guess http://www.imminfo.com/Library/green_cards/AOS/adjustment_of_status.html

http://www.imminfo.com/Library/green_cards/CP/consular_processing.html

Mine is EB2 and 2010ending PD, and right now its May 2010, so in a month or two my PD becomes current. So could you answer my above questions ? Did you apply for consular processing of your GC ?

Mine is Aug2010. I am planning to apply for CP as well. I am single. I want to get married before I get GC so that my spouse will not have issues landing in US...

Kindly post here so that we share helpful information.

Sorry for late reply, I was out of town for few days.

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DontWorryBeHappy Advanced Member

DontWorryBeHappy

Posted
Posted

Hi,

you said "Keep one more thing in mind that if your priority date becomes current, you cannot do H1 transfer"/

Why cant I do H1 transfer if my priority date becomes current ?

Sorry I may be wrong. I think I read it somewhere else thats why i told you. It seems we can do H1 transfer after PD current which I saw in another thread just now in http://forum.murthy.com/index.php?/topic/31803-h1-transfer-when-priority-date-is-current/,

"When extending H1B beyond the 6-year limitation, if the priority date is current at the time of filing, the Beneficiary is only eligible for a one-year extension at a time. Generally, I-485 may be submitted at any time the priority date is current.". Please add if u find anything new about this ..

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