Successful Stamping Experience in Delhi and Advice

[one_more_221g]

I wanted to share my experience for H-1B after getting a Green 221(g)

I went to Delhi for Visa Stamping in June 2011 (EVC Model) and was given a 221(g) with top 3 items (client letter, petition, contracts, LCA and tax returns of employer) checked. The company is a small Indian firm.

Submitted the documents in a couple of weeks and waited for a couple of months. Received no update.

My Vendor then filed a new petition through one of their partner companies (an American staffing company with much bigger staff and revenue) in Premium processing for the same Client (this was not a transfer but a new petition). The petition was approved in couple of weeks (still EVC Model).

I went for the Stamping again in Oct 2011 and below is my interview details.

(after exchanging pleasantries)

VO: Who is your employer?

Me: XXX

VO: Is there a client?

Me: Yes

VO: Who?

Me: YYY

Me: I have worked with them before on/off for certain time period

VO: Ok. where is your employer based?

Me: City A

VO: Where is the client?

Me: City B

VO: Who do you report to?

Me: My Employer Manger

VO: Is he at the client location?

Me: No, He is not. But I keep in touch with him my weekly status reports, conference call and he is responsible for my Quarterly performance reviews

VO: Do you have a client manager?

Me: Yes, he handles decision regarding my technical responsibilities for day to day work

At this point, the VO was little unsure

Me: I have all the documents (including LCA, petition) which lists that my Employer is based on City A and Client is based in City B

VO: I would certainly like to see that.

I took out the LCA, I-129 and Letter to DHS and showed that everywhere my actual work location and employer location were mentioned clearly.

VO saw the documents and said Ok.. Your Visa is approved.

I said Thanks and was out.

Advice:

1. Please do not go for stamping to India if your petition was not amended after you moved from one Client to another. (Only new LCA is not enough)

2. Once you get 221(g), rather than wait out for a long period of time, see if you can get some help from Client or Vendor to file a new H-1b.

3. Do not be scared of previous 221(g) status, if asked just explain the situation but a new petition is usually looked as new.

4. Make sure your employer in the LCA, petition and DHS letter make note of the Client location since it proved to be the biggest plus for me.

5. Luck is a huge factor as who your VO is and how much time and effort they want to spend looking at your case may make it or break it.

Hope this information helps as I used to go through this forum when I first got 221(g).

[Academich1]

That was very helpful . Thank you.

[aboppana]

congrats one_more_221g.!

I like the way you handled below three questions.

VO: Who do you report to?

Me: My Employer Manger

VO: Is he at the client location?

Me: No, He is not. But I keep in touch with him my weekly status reports, conference call and he is responsible for my Quarterly performance reviews

VO: Do you have a client manager?

Me: Yes, he handles decision regarding my technical responsibilities for day to day work

At this point, the VO was little unsure