7th year Ext stamping, petition Sent Back to USCIS received back I 797 Original Notice

[srikantgaj]

Hello Gurus,

Please advice

H1B 7th Year Ext stamping

Came to India on Medical Emergency, went for stamping on Dec 29, 2011 at Kolkata Consulate. Visa refused, the reason for the refusal is my current working model E_V_V_C.

VO issued white form 221(g) refusal Letter stating

"Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations".

VO took my original I797 and I129 Petition and informed me that my case is going to be sent back to USCIS.

Since then, I was following up with my employer, if they have received my petition back from USCIS and whether they can apply for re-affirmation petition. But 8 months passed and till date they haven’t received any response from USCIS.

When I check the USCIS website, it shows me the same response about my approved I 129 petition, way back in Feb 2011.

Today on Aug 30, 2012 I have received a letter from United States of America Consular Office, New Delhi with my Original I797 copy. It was enclosed with the same 221(g) refusal letter that I have received from Kolkata, the only change this time the letter was dated July 21, 2012.

Please advice.

1. Does this mean they have not sent my petition back to USCIS?
   
2. If it was sent then by this time my employer should have received response from USCIS
   
3. What action I can take in this situation