Urgent- h1 221g likely to be denied and planned for h4 next week

[tharch7]

 

I came to India for 2 week vacation and I went to H1b visa stamping interview on Nov 5th 2015. I was given 221g blue form which states admin process need to be done. I provided  chennai consulate officer with client letter, vendor letter and vendor and employer agreement. its been 1.5 months now, status is still the same.

 

My employer edited client letter as the end date is is march 2016, thinking that they would rise a RFE as the project end date is too close.In the edited client letter, there is no date mentioned, but scanned signature is clearly seen.Consulate might have known about it and may be that's why they wanted to do admin processing.

 

As hoped, they emailed my client manager after 1 month on dec 5th, asking if she has signed the client letter. she replied yes but there are some modifications in the letter attaching her original letter too. In between this email process with consular and client manager, there is immigration dept for client, so donot know if this dept forwarded her letter directly to consulate or wrote a new letter?

 

Right now, I feel there are very less chances to get my h1b visa approved, as my manager has mentioned there are modifications in it. so I am planning to apply for h4 visa, but there are few things on my mind which confuses me. Please help. 

 

1.What are the steps consulate might take if they find client letter is fake. 

 

2. Is Withdrawal better than rejected?

 

My understanding:

For Withdrawal I can give reasons like I lost job, so i no more can go with h1 visa, but for rejections i need to make sure I give same negative reason which consular comments, that will stay in my history during all ds160 forms in future. Please suggest.

 

3. Can I withdraw h1b visa application now sighting personal reasons or lost job due to delay in RFE process and employer cancelled my I797 as i lost job? can employer cancel my h1 due to lost job?

 

4. If I dont withdraw h1b application, will my h1 RFE negative response from manager be checked during h4 visa interview?

 

5.  what are options I have to be on safe side, so I can be prepared to answer  when they enquire about the h1 fake client letter during h4 interview? 

 

6. If Consulate decided investigate, how long it might take and will I be eligible for future h1 with same or other employers ?

 

7.If my employer withdraw my h1 petition, will it stop consulate taking proceeding steps against me?

 

8. If I withdraw my h1, what if my h4 also gets RFE and I might better have both pending and pick the a. earliest approved? or b. might not get either approved? or c. just get any one approved? 

 

9. what best finally H1 withdrawal or keep it pending to see if it approves/denys. suggest safe points please.

 

10. I have already applied for h4 appt next week without mentioning h1 221g as refusal( even if not final decison is made, i see blogs say 221g is considered as refusal when u apply for new visa) in my ds160, will that be a problem?

 

11. if i withdraw, should i wait for email confirmation from consulate and then only apply for h4?

as some blogs say we should not apply new visa untill we get confirmation for withdrawal 221g, plaease advuce...if so i only decided for withdrawla after i applied for h4..can i say that ( i dont want them to see fraud on my histroy , atleast i can withdraw before i go on that day)

 

12. on the day of interview for h4, should i carry h4 797 ( i dont have), i still have valid h1 till sept 2016.should i apply for new one for stamping purposes..throw some light on me please..

i went to US as h4 (currently expired)-moved to h1(2 years back)- now planning for h4 (due to fear in deny/fraud in h1 221g)

 

thanks in advance..

 

 

 

 

 

 

 

[jairichi]

You need to talk to an immigration attorney for a serious issue like this rather than relying on this forum.

[ak1991]

Hi, I am also on same boat, could you please kindly let me know are you able to get h4 visa