gave 221(g), visa rejected after 4 month and now h1b extenion

[simplyanks]

Hi friends,

Need ur advise!

My employer has filed an h1-b extension on last week that was going to expire on sept 2011. My case has been sent back to uscis for further review as my h1b visa was rejected on june 2011 with same employer. I would like to understand if my h1b extenion approved for another 3 years. Will it be considered a new h1b and can I book an appointment for visa intervw or wait for uscis decision for possible revocation. Please help me at this hour.

[simplyanks]

friends.. please suggestion..please

[tejalks]

I am not sure if it would be called a new H1 or an H1 extension.. Ask ur attorney who filed the extensions about this doubt... As per my knowledge, once ur case has been sent back to USCIS (June 2011) & extension filed in Aug - if this is taken as a new H1, then for sure u can book a new aptment & proceed for visa interview...

Good luck to you..

[pontevecchio]

How did you come here if the visa was rejected?

[tejalks]

Confused about ur case ....

U had a valid H1b till sep 2011, then why did u go for interview ( I assume u did, when u came here to India) ?? Did u change employers - transfer of H1 & hence needed to go for interview

[simplyanks]

@pontevecchio :- I am in India only. My employer re-applied for me (H1-B).

@tejalks :- Thnks for the reply. I was on F1 Visa and then switched to H1-b. I didnt stamp my visa but i had approval letter to stay in US. Recently, in feb 2011, i came to india for family reason. Besides this, i went to delhi consulate for stamping. They put my case on hold under 221(g) and refused H1B after 4 month stated that my petitioner is not able to provide quaily employment in US. However, i had valid job and sent client letter to them.

my employer re-applied for me coz rejected petition is expiring on sept 2011. I am waiting for approval. Employer said i have to appear for visa intervw again if my visa is approved. He applied under IN-House project.

[tejalks]

Yes dats correct u will need another interview if petition is approved.. Be sure that this time u have all the documents with u 9 if any were asked previously).

Also if u dont belong to Delhi area, I would suggest avoid it for this interview, just a personal opinion.

Good luck.

[pontevecchio]

Firstly it is not called an extension. If the same Employer is involved the result may be the same. In this instance the H1 petition itself may be denied. Get a better Employer.