Multiple 221G's

[A D]

Hi All,

Need your advice on my situation below:

• I moved to US in Sept 2011 on L1B with X Company
• COS to H1B in 2015 Nov with another consulting firm  - Company Y
• I140 approved in Jan 2018
• Visited India in Nov 2018 after extension got approved (EVC model)
• 221G in Hyderabad consulate, submitted LCA/Client and Vendor Letters
• Realized that I submitted an old letter, sent the updated one as well immediately
• DOS reached out to the client with the old letter and they said it was expired
• No update after that, client rolled me off as there was no update on the Visa
• Joined Company X again in July 2019
• Denied Business Visa in August (Mumbai)
• Withdrew the Visa application with US consulate in Aug 2019
• Petition with company Y was sent for USCIS review in Sept 2019
• H1B transfer approved in Dec 2019 with company X.
• Visa appointment in Feb 2020- 221G again - asked for the documentation regarding visa application from company Y. Told that all documentation was provided by Company Y
• no update since, they didn't reach out to new client as well.

Can any one advice on what are the chances for approval here?

Is there anything I can do to clear the previous petition ?

What happens if petition with Company Y is given NOIR or NOID?
Is there a chance I can apply for L1 with Company X

 

Thanks in Advance.

[gopalakrishnach]

Can any one advice on what are the chances for approval here? - we cannot say for sure. But high risk level.

Is there anything I can do to clear the previous petition ? - NOPE. If they ask you for more evidence you need to provide them.

What happens if petition with Company Y is given NOIR or NOID? - New employer new petition.
Is there a chance I can apply for L1 with Company X - I do not know. Your profile already had remarks regarding your H1B trial. They may feel your intensions for  migration.

[A D]

17 hours ago, gopalakrishnach said:

Can any one advice on what are the chances for approval here? - we cannot say for sure. But high risk level.

Is there anything I can do to clear the previous petition ? - NOPE. If they ask you for more evidence you need to provide them.

What happens if petition with Company Y is given NOIR or NOID? - New employer new petition.
Is there a chance I can apply for L1 with Company X - I do not know. Your profile already had remarks regarding your H1B trial. They may feel your intensions for  migration.

Thank you. I spoke to an attorney and they suggested that if we can get closure on the petition which was sent back to USCIS for Y company, new visa application from X company can be approved as this is a new one and is valid too. What do you think of the approach of an Attorney reaching out to USCIS on my behalf for them to take a decision on petition with company Y ?

[02112018]

Can any one advice on what are the chances for approval here? Depends PURELY on your luck, nobody can guess

Is there anything I can do to clear the previous petition ? As your rolled off from client, that visa will get denied.

What happens if petition with Company Y is given NOIR or NOID? NOIR means Notice of Intention to REVOKE the visa
Is there a chance I can apply for L1 with Company X - Again depends on your LUCK and X company decision.

[MurthyIndia_Lawyer]

In your case, there is potential fraud / misrepresentation if the consulate has misunderstood the document submitted originally. It would have helped if the client clarified that they issued a subsequently dated letter confirming the project. If they haven’t done that, then, there is a potential issue. It is best that you discuss your case with an experienced Immigration Attorney. If you need help, you may reach us on info@murthyindia.com.