221g white slip - Hyderabad

[srilinks]

Hello Friends,

 

Below is my current situation: Appreciate your views

 

My original H1B petition (EC model) was approved in 2014 with I797 validtity until 2017. Meanwhile I changed my client (Client B) in May 2015 and my employer filed LCA (approved) and amendment (pending from May). I insisted my Employer to file amendment in PP but he suggested the receipt no would suffice as I already started working for Client B and that I have an approved I 797. Finally, I attended visa interview on Nov 18th at Hyderabad consulate with original (Client A approved I797), amendment I-797 receipt (pending) and approved LCA. 

 

Below are questions from VO

 

VO: Who is your petitioner?

Me: Employer name

 

VO: Wat do you do for your Petitioner?

Me: Explained my roles and responisibilities

 

VO: Where will you be travelling for work?

Me: Mention place of Client B

 

VO stood up from his seat, went inisde with my passport and returned after 5 min. I was little nervous here

 

After 5 min

 

VO: Do you have any supporting documention?

Me: Handed over Client letter, SOW, Amended LCA 

 

VO: Reviewed those docs briefly and handed over a 221g white form along with my Passport and other docs I provided him before

 

In the 221g form none of the fields were checked and explained me that I would be recieving an email from Consulate about next steps. Meanwhile I emailed consulate about my current situation and they replied saying that they wouldn't need any docs from me and said that this "Administrative Processing" is mandatory and cannot be expedited.

 

My Questions:

 

1) Do you think I can still hope on visa approval?

 

2) If so how much time do you think it takes to get back to me?

 

3) My immigration attorney suggested to file the amended petition (Clien B) in premium and once approved, I may need to schedule a new appointment with the new petiton (same employer different client). In that case will my previous 221g have any impact?

 

4) Do I need to withdraw the previous petiton before attending the 2nd visa interview apointment?

 

5) Is it advisable to attend different consulate (other than Hyd) for the 2nd inyterview?

 

Please advise

 

Thanks,

Sri

 

 

[blackknight]

Hi Sri,

I am sorry to hear about your situation. I am not a lawyer myself and I know only a few things about 221g. Senior members like JoeF and Jairichi can guide you more. But an experience immigration attorney can guide you best.

 

1) Do you think I can still hope on visa approval?

>> This is totally on the US consulate now. 221g is temporary refusal. So, you can still remain hopeful.

 

2) If so how much time do you think it takes to get back to me?

>> Sometimes, 221g takes months. There is no fixed timeline.

 

3) My immigration attorney suggested to file the amended petition (Clien B) in premium and once approved, I may need to schedule a new appointment with the new petiton (same employer different client). In that case will my previous 221g have any impact?

>> I believe, if you go this route, then DS160 will have tick mark on the whether you got refused a US visa. Then they will grill you. So, another 221g may be possible. But, I am not sure. Please consult lawyer or senior members.

 

4) Do I need to withdraw the previous petiton before attending the 2nd visa interview apointment?

>> Probably not. Then again, I am not sure.

 

5) Is it advisable to attend different consulate (other than Hyd) for the 2nd inyterview?

>> Every consulate will be having your record now. Just hope that a kind officer takes your interview next time.

 

[visa1123Hyd]

srilinks, when did you attend interview? I'm also in the same situation. I had my interview on Nov-23. my case still shows admin processing.

[srilinks]

HI,

 

I attended on Nov 18th, still no update