new H1b with the same employer after previous was stuck in 221g and sent back to USCIS

[kuku82]

I am also one of the unfortunate applicants who got stuck with 221g and lost my job.

I am a non IT professional and non Muslim too. I am a medical professional was doing my residency in the USA on H1b Visa. the hospital could not wait for more than 3 months after I was stuck with 221g. I worked for the same hospital for 2 years. in the end I had to voluntarily resign. After which I informed the consulate to withdraw my application as I was no more employed and they sent the petition back to USCIS for further review.

As our residency admissions are taken place once a year, my hospital is ready to take me back for the next year and file a new H1B on my behalf.

My question is -- Is it going to create any problem during the next stamping for the new H1b petition with the same employer after previous one was given 221g for unknown reasons .. unlike IT guys i cant find a new employer as ours is quite a competitive scenario.

I would appreciate your suggestions.

Thank you.

[lostpacket]

It depends on what the result of USCIS review comes out.

In my case, my case was sent to USCIS for review and then my employed filed a new h1b. During the interview for this new h1b petition, the VO asked my about previous case and told me to wait until the USCIS review is over.

So better options is to go with another employer or wait till the USCIS review is over.

[tejalks]

I am also one of the unfortunate applicants who got stuck with 221g and lost my job.

I am a non IT professional and non Muslim too. I am a medical professional was doing my residency in the USA on H1b Visa. the hospital could not wait for more than 3 months after I was stuck with 221g. I worked for the same hospital for 2 years. in the end I had to voluntarily resign. After which I informed the consulate to withdraw my application as I was no more employed and they sent the petition back to USCIS for further review.

As our residency admissions are taken place once a year, my hospital is ready to take me back for the next year and file a new H1B on my behalf.

My question is -- Is it going to create any problem during the next stamping for the new H1b petition with the same employer after previous one was given 221g for unknown reasons .. unlike IT guys i cant find a new employer as ours is quite a competitive scenario.

I would appreciate your suggestions.

Thank you.

Hi,

Its really unfortunate that even medical professionals are getting stuck coz of this 221g. I am a Physio myself & am stuck in India since 6 months. Its really tough to predict if you would get a 221g a 2nd time too for new H1 thru the same employer, coz one cant judge the reason for it.. In ur case u are a direct employee, so the clause that EVC models face this, can be ruled out. I think you should not have withdrawn ur petition, coz its decision would take a long time & even if you were to join the residency next year, you could have waited back in India / ur home country.

Try & apply for next H1 in premium processing if possible,so that you get approval within 2 weeks time. Go for the interview well in advance, so that even if you face any 221g issue, u can buy time. Also if any documents were requested this time from you, see to it that you carry those with you next time too.

If you have any more questions, you can reach me on my id provided in the my profile & I wud be more than happy to assist you.

Regards,

Tejal

[kuku82]

any suggestion guys ??

[mirage09]

Sorry to hear that. It would be good to know why the 221g was given. 221g's are given for various reasons- technology check, name check, missing information, additional information etc.

"Is it going to create any problem during the next stamping for the new H1b petition with the same employer after previous one was given 221g for unknown reasons "

My personal experience says it shouldn't matter. I have had to endure two 221g's - Administrative processing; I have been with the same company this entire time have not had any problems renewing my H1B petition. I am a direct employee.

Good Luck.

[mirage09]

I think my last post was a bit unclear. Basically, I think you should try to find out why the 221g was given in the first place and then see if you can do anything to improve your chances the next time around.

[aboppana]

kuku82

I have read some cases in this forun that they were successful with their 2nd H1Bs while the first one is under 221g. the only case I read has issue with 2nd H1 because of the 1st one is still under admin process is one from lostpacket. my bet would be you should most likely be fine with 2nd H1. it is very unfortunate that Medial professionals also being 221g'ed as their cases would be straight forward and no EVC model, etc.. it would help people on the forum if you can post your visa experience (questiosns asked, you may have already posted...) and if you know of particular reason for 221g as it's known in some cases.

[kuku82]

Thanks everyone for your suggestions !!

i really do not know the reason why the case was stuck...They never provided me any reason during entire processing.

@tejal

It really sucks.. on top of that H1B for medical residency is Cap exempt and hospitals are non for profit... Direct Employer.. No EVC thing in between.

I had to withdraw because H1b petition exists only up to you are employed with the employer. the moment they lay you off or you leave the job, that petition and H1B visa becomes void. There was no reason for waiting for the Visa approval then as I was no more employed with the same employer. So I withdrew it. After which they sent the case back to USCIS and sent me a letter which stated that

"If the consular officer at the time of interview receives the information that was not available to the adjudicating immigration officer at USCIS at the time of petition approval then a petition must be sent back to the USCIS for re examination"

So I do not know what do they exactly want to say with this statement. I have been in USA few times before on B1/B2 visa for my USMLE exams and Residency interviews but was never out of status or illegally stayed more than I 94 period.

I have no option but trying it again for the new H1B...the previous petition has been expired anyways...I cant find the new hospital either as I am going away from my graduation year and getting residency in the USA is quite tough these days...

They have just spoiled my career.. Unlike IT professionals, our residency is a part of post graduation training. I am nothing in this country without it. Cant go back to India either and prepare for entrance exams now...It is like I am in middle of nowhere.

@tejal

Yes next time I am going with Premium processing and go for stamping 6 months in advance and that too from Canada. I hate India.....

[man_1975]

It depends on what the result of USCIS review comes out.

In my case, my case was sent to USCIS for review and then my employed filed a new h1b. During the interview for this new h1b petition, the VO asked my about previous case and told me to wait until the USCIS review is over.

So better options is to go with another employer or wait till the USCIS review is over.

Hi lostpacket,

Could you please let us know when you file new h1b with current employer, did your attorney not withdraw your first previour H1B where you received 221 G.

[lostpacket]

My attorney did not withdraw the previous H1b. I wish he had done it.

So the old H1b is still in review and we are waiting for the review. This sucks as old h1b is expired.

[rejection123]

i have been issued 221g TODAY OCT 25th, for further administrative "application processing".

They have cross marked the last option in blue 221g form: Application Processing Information: The Petition is being returned to the USCIS for further review, upon completion of the review, USCIS will contact your petetioner. Please wait for a notification from the consulate before returing.

Also collected my original petetion with docs that were originally "filed to USCIS":

After reading all of your experiences and after talking to my employer, It lost hope in getting visa through my current h1b petetion which is stil valid until sep 2013 which is so sad...

i could not get any clear picture on post decision activity...appreciate if you could detail more about your completed process/ongoing process/communications etc.

And my question is:

can i attend H4 during this process.... did anyone did like this before..is it legally okay to attend h4 visa while u have a hold on ur current H1......????

what are the chances of getting H4 visa...

Incase if i get H4 will i be able to apply for a new H1b and if at all it is approved will i be able to work legally in USA...

I will look forward for a reply. Thank you!