221g Orange in Kolkata while stamping with 2 petition


SD1976

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Hi,

I have completed almost 6 years in US and based on my I-140 approval, my petitioner had applied for my H1-B extension and I got 3 years of extension. I came to India and appeared for visa stamping on 5th Dec, 2011. I had submitted my 2 petitions during the interview. One was valid till 21st March, 2012 and next is valid from 22nd March 2012 till 22nd March 2015.

I got 221g orange slip during the interview & asking for few documents related to my petitioner (e.g. W2, tax return, employee detail etc) along with my passport. I had submitted all on 6th Dec.

Now it's 14 weeks gone and I did not receive any update from Consulate.

My questions is:

1. My friends have suggested to refile a new petition and appear for another interview. Can I appear to any US Consulate withini India during my interview process?

2. My current petition is active till 21st March. So can I appear for stamping interview using my other petition (valid from 22nd March 2012 till 22nd March 2015) without refile a new petition?

Pls guide...

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Is the second petition an extension of first i.e. does it have the same petition #?

If yes, you can't use it as it's already in process.

If no, and if you went for stamping based only on your first petition, then I think you could go for stamping using the second unused one.

And yes you can refile (with new or existing employer) a new petition, and once approved you can go for re stamping to the same or any other consulate in India. It's advisable that you find a new employer to refile, because if you go for a new petition with your existing employer you will land up in the same situation as before unless you clear previous pending cases with that employer.

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