221g - Delhi Consulate (Chances: High)?

[dream16]

Hi.

Model: EVC

I completed my bachelors in Comp Science from US in 2008 and have been working as a Systems Analyst since then.

My h1b got approved in 2010 november from "State A" [as i had client letter + vendor letter] etc. I moved from State A to State B and then as my h1b started in Feb 2011, my employer gave me my 1st LCA of this State B, since then, i have been working here in State B till date.

Here my client is giving me the letter that states "possible extensions" [no specific dates: as that's how it operates]. As i told my employer, that i am planning to go to India and get stamped, he warned:

1. Your chances of h1b stamping are low because your h1b was filed from State "A" and with client based in State A {client letter}. you as per USCIS should have been working there in State A only and since you moved to State B, this can be an issue as based on extensive cross checking they will come to know that your previous client letter wasn't right or stuff like that. [fradulent]

Since we have not filed an amendment [?], you should not go.

As per my research what i found was that amendment may not be filed if a contractor is changing jobs with proper LCA of wherever he works currently.

2. He said: think about POE, you can have issues there as well.

What i feel from this entire conversation is that since I am nothing more than a money making machine to him, at all costs, he is scaring me to death to not go to india and continue to be a constant source of high profits to him.

I do agree risks are there but also, there is no guarantee tomorrow that an overnight magic will happen and this poor american economy will improve and indians will get any stamping done easily.

I have all my paystubs, w2, client letter, vendor letter, vendor PO (till dec 31st 2011: sadly that's all they give as its only 3 months extensions we get here at this client), I-797, LCA, [will get employer docs], [will verify PIMS], tax returns,

Guys, can you all please advise on how i shall proceed with this ?

[dream16]

Waiting for a reply, guys, please reply, together we can make life easier for each other.

Thanks

[aquarianchamp]

OK, forget about the fact for a minute that you are a money-making machine for your employer. If there is a 50% chance that your visa stamping will not go thru. If you have to stay in India with 221g for 2-3 months without earning a single penny, are you gonna be happy with that? Taking a break from work not only hurts your chances of getting back to your work here, but also your career. And there's also a chance of visa getting rejected altogether. Visa officers will put you through all the trouble, not giving a s*** about the documents. Unless it's a matter of life and death, DO NOT GO TO INDIA !!! When you step out of your home on Monday morning to go to work, nobody is gonna ask you if your passport is stamped or not !!!

[dream16]

Thanks Aquarian, I do agree with the fact that no matter how many documents you may take to the window there in India, its all pure luck. Looks like we are stuck in the American jail for this double dipped recession stuck pathetic economy :(

[Siya]

Dude dream 16...

Do not travel. People who did not inquire enough about the state at which 221(g)'s are being issued to candidates now are stuck in India (like me). Even if they have great paper work. The VO's here do not give a rat's a** about where you come from and how long you have worked and what's your degree in. And coming to your points.

1. You changed Client's !!! Your employer MUST and SHOULD amend your petition and not just the LCA. Looks like you employer knows that but does not wants to and is advising you not to travel. If you go for visa stamping without amending your petition that is a sure shot 221(g)

2. Your purchase order is till Dec. 31st. That will give the VO an opportunity to put your case under admin processing and then deny it on Dec 31st saying your client will no longer need your services.

Bottom line if you need a break from your work and are ready to be jobless and need some drama in life then go ahead and travel. I totally agree with you on the point that things might not change over night in terms of the economy but still...I know and understand the frustration of not being able to do anything since its not in our hands. Avoid it until things get better.

Please don't travel and don't mind my words. Thx.

[dream16]

Siya, I am really thankful to your valuable opinion.

Solution is: 1. to get petition amended and get client letter with longer dates

or the safest route 2: A full time job with a company. (no vendor, no layer)

[dream16]

As Siya said, my employer knows about all this & has clearly said "NO" to filing my h1b amendment. Now i am stuck in US--> to get a new job/employer will delay my process of going to India by another minimum of 3-4 months & i will miss out on something very very important there :(

Any way out guys?

[Diorsdune]

Dream16... Sorry but there isn't really a way out (I'd be equally interested in knowing if this situation had a work around).. I've had a 221G and then a denial.. 'cos after changing clients we did not amend the H1 petition.

If you've changed client & location then you need the amended application.. when you go for the stamping. Your employer fully knows the need of the hour (& you should be glad, he's giving you the right advise)... it might appear scary to you.. but that's the fact of the matter. Do not dismiss his/Siya's advise.

Good Luck!

[samsclub]

To answer your question about amendment even USCIS is not very clear on that.

This is a very good article on H1 B amendments

http://www.******************.html

Hope it helps.

[man_1975]

@dream16 ,

If you got with visa stamping with E-V-C model, following are possible chances,

1. VISA officer immediate refuse your visa and say that, we will send your case to USCIS for possible revocation

2. Even you have all the document, they will issue 221G for admin process and verification, which will take about 2-3 months and you might get visa chances are very low.

so in this situaction, it is better to stay in US.

I am stuck in India and my visa refuse under 221G after 11 weeks with E-C model and I am working in very genuin IT company with client.

[forumman]

Can anyone answer if chances of visa approval are high at Delhi Consulate ?

[dream16]

@dream16 ,

If you got with visa stamping with E-V-C model, following are possible chances,

1. VISA officer immediate refuse your visa and say that, we will send your case to USCIS for possible revocation

2. Even you have all the document, they will issue 221G for admin process and verification, which will take about 2-3 months and you might get visa chances are very low.

so in this situaction, it is better to stay in US.

I am stuck in India and my visa refuse under 221G after 11 weeks with E-C model and I am working in very genuin IT company with client.

That's really sad to know dude, how can they stop you on an E-C model. What kind of excuses do they have for that? Why was 221 G issued? What was your slip color? Which consulate? how many paystubs you took? Where did you do your degree from ? Shady Employer? [desi or gora?].....what kind of questions were asked by VO ?

Damn....is your Employer still willing to accept you back in US? how about the client you were working for? These are tons of questions...and you may not like answering all of them, sorry but together we can help each other. please update your Profile with email address and i will email to get in touch with you.