H1-B 221(g) updated to "Submit the passport" but came to the US on H4 and transferred to H1-B

[k42108]

I received an email from the US Consulate in Hyderabad asking me to submit my passport in regards to the H1-B Visa Stamping application that I went for in Feb'12. Since the process was taking very long, after 3 months, I came to the US on H4 Visa and then changed my status to H1-B. After 6 months, I got the email from the consulate.

I was wondering what happens now if:

• I send my passport to India and have someone submit the passport on behalf of me. OR
  
• I go to India and submit the passport and come back to the US with a new I-94.
  

If, say, I go to India and submit my passport and if the consulate "Stamps" my (1st) H1-B application:

• Which Visa will be valid? My (1st) H1-B OR H4 OR (2nd) H1-B?
  
• Will I be allowed into the US at the port of entry?
  

I apologize if this all is confusing. I hope someone responds back.

Thank You,

Nithu.

[nrahuldev@gmail.com]

Hi Nithu,

My wife is also in the same situation in India she went for her H1b visa in Apr'12 still waiting for her visa and now I am planning to get her on H4 visa.

Can you please let me know whether you received 221g under EVC category , when did your receive the email and when you went for your H4 visa did they ask you abt your H1b visa which is pending?

Thank you!

[pontevecchio]

It does not work that way. You can have multiple visas valid in your passport. But the I94 you get on entry is based on which visa you want to enter on. Email VFS and ask if a family member can deliver the Passport.

[k42108]

Hi Nithu,

My wife is also in the same situation in India she went for her H1b visa in Apr'12 still waiting for her visa and now I am planning to get her on H4 visa.

Can you please let me know whether you received 221g under EVC category , when did your receive the email and when you went for your H4 visa did they ask you abt your H1b visa which is pending?

Thank you!

Hi nrajdev,

I received 221(g) but not sure what EVC means. Can you elaborate?

I went to H1B stamping in Feb'12 and received RFE (221g). Waited 3 months and went to H4 stamping. They asked about H1B to which I replied that "I am planning to go to US to join my husband who is currently in US". They didn't ask too many questions. Just looked at my husband's paystub and I797.

Now, I got the email to submit my passport which is after just over 6 months.

I hope this clarifies your question.

[k42108]

It does not work that way. You can have multiple visas valid in your passport. But the I94 you get on entry is based on which visa you want to enter on. Email VFS and ask if a family member can deliver the Passport.

Thank You very much for your response.

Just curious, does it mean that I can go to India, submit my passport and come on the (1st) H-1B visa. Please note that while the US consulate was processing my (1st) H1-B, I came over to the US on H-4 and then transferred to (2nd) H-1B.

Now, if I submit my passport, will they not know about my 2nd H1-B? In that case, is there a chance that they will revoke the (1st) H1-B and ask me to attend the Visa interview for my 2nd H1-B?

I greatly appreciate if you could please clarify.

Thanks,

Nithu.

[pontevecchio]

Your post did not indicate that you changed to a different job. It would be a wrong thing to do. You should apply for a H1 visa again the next time you travel.

[k42108]

Your post did not indicate that you changed to a different job. It would be a wrong thing to do. You should apply for a H1 visa again the next time you travel.

Actually, I did not change the job. The same company sponsored my 2nd H1-B. Does it mean, I can come back on the 1st H-1B once they stamp my passport.

[nrahuldev@gmail.com]

Hi nrajdev,

I received 221(g) but not sure what EVC means. Can you elaborate?

I went to H1B stamping in Feb'12 and received RFE (221g). Waited 3 months and went to H4 stamping. They asked about H1B to which I replied that "I am planning to go to US to join my husband who is currently in US". They didn't ask too many questions. Just looked at my husband's paystub and I797.

Now, I got the email to submit my passport which is after just over 6 months.

I hope this clarifies your question.

Thank you so much for the clarification. I meant to say Employer-Vendor-Client as EVC relationship. So they asked nothing about your pending H1b visa which is good.

Thanks Again!

[pontevecchio]

Yes. But since you have a new petition approved and since it would seem like an attempt to circumvent their visa process I would spend a few Dollars on a consultation with a Lawyer. Will you be coming back to join the position described in the previous H1 petition? If yes you should be OK.

[k42108]

Thank you so much for the clarification. I meant to say Employer-Vendor-Client as EVC relationship. So they asked nothing about your pending H1b visa which is good.

Thanks Again!

I have been working as a full time direct employee for a small private company. The reason, I am guessing, I got the RFE could be because we have only 10 employees in the company.

[k42108]

Yes. But since you have a new petition approved and since it would seem like an attempt to circumvent their visa process I would spend a few Dollars on a consultation with a Lawyer. Will you be coming back to join the position described in the previous H1 petition? If yes you should be OK.

Thank You for all the information you have provided. Since, my 2 H-1Bs are from the same company and for the same position, I will assume that it is OK for me to get my passport stamped with the 1st H-1B and enter the US with that H-1B.

Thanks again "pontevecchio".