voluntarily withdraw 221g case while passport with consulate as got offer in new company


gsingh1370

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Hello,

Please help answering my question regarding 221g. I was working in USA under my H1b status. I came to india on vacation in Dec 3rd, 2011. When I first time went for H1b stamping, I was issued 221g to submit the documents. When I submitted the documents I received the refusal letter saying my employer doesn't have a managerial control over me. I am working in EC model and client has allowed me to work from India.

My employer approached Uscis and they got the petition reaffirmed. I again went for re-interview. This time, I again received 221g to submit client letter and visa officer said they will process my visa once they receive the documents. He kept my passport and petition with him.

I submitted client letter on may 1st. Now I am waiting to get my passport back with visa stamping. What are my chances to get the visa this time and any idea how much time it will take for processing?

Another company has filed my H1 transfer under premium processing which should be approved from USCIS by end of this month. Once it is approved and I will receive new petition. I would like to go for the interview at consulate with new petition. But my passport is currently with them under processing of my old case.

I want to know if I withdraw my case voluntarily, is there going to be any complications in my stamping with new employer? Are they going to mark any rejections on my passport if I withdraw my case?

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Just be patient, you should get your visa after submitting the client letter. If you don't, no need to withdraw anything, just a book a new slot and appear with your new petition. At the time of the 2nd interview if they ask you to withdraw your first application - just verbally acknowledge and say that you would like to withdraw it if your visa for this application is approved.

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Thank you so much for reply. Based on your reply I am planning to stay with my current employer. But I am still very confused. Because my H1B has been approved for new employer and they want me to join them starting next week because the new client is not willing to wait more and want me to join from their India office until I get my stamping done. So the situation is, if I join the new company, I won't be able to come back to my current employer and will have to appear for the re-interview with new petition. So I have to choose one, either to stay with current employer or join new company. If I wait more than this week then there won't be a position for me with new employer. Please advise...

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Hi,

URGENT: Please help!!

I want to wait to get my passport back from consulate but If I don't join the new employer then I won't have that option to join them later as client is not willing to wait. New employer is a multi national company and my current employer is desi consultant company. Please suggest if I should join the new employer or stay with my current employer??

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  • 9 months later...

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