221G - CP Interview

[GCPC23]

Hi Guys:

I was interviewed at the Mumbai consulate and a 221g has been issued (white color paper) .I was told my case is on hold as they want to see the project details on which I will be assigned to.

Also I need to show all my paytsubs (I have all those as well). Last year I had issue with H1 with the same company and I waited to pursue with CP.

Along with that previous work experience was asked in the filed of petition, and how my skill set is unique. Pretty much all the typical H1 B visa questions were asked. However I was told to submit my passport along with the documents. The VO made me sign the letter which says I will work for the same employer when I go back.

Pls advise if refused would the 140 be valid or will it be revoked.

Thanks.

[pontevecchio]

Get yourself a Lawyer and very soon. Without knowing all your facts it is impossible to even attempt an answer. Since CP is for all intents almost a certainty there must be some factor in your work history which is relevant to an approval. Talk to the firm of Murthy.

[GCPC23]

Hi :

I have my attorney working on this and he says this is an error as the approved PERM clearly says I can work anywhere in the US (unknown places) with head office as primary work location.

I have obtained the copy of I 140 petition (previously I had submitted only the approval copy so not sure if the consulate had this petition with them or not. I am presently working with a client but since the 221G did not ask for any letter from the end client I do not plan to send it and just mention the project description only on the covering letter.

I 140 petition has all the answers to the queries however we had not mentioned any specific location. My employer says in case of GC we do not need to show the specifics and the ability to pay matters. As per him speculative employment is fine for GC unlike H1.

I wanted to know if E-E relation is the same like H when it comes to GC ( i got vendor in between the end client and my employer).

Thanks.

[pontevecchio]

No. It is not.

[221g_white]

what is CP?

[itsmeusa]

"GCPC23" - not sure I understand what you are asking, you went for H-1B interview and got 221-G form? If that's the case, why do you think they would revoke approved I-140. Maybe you need to put more details so that someone can answer your query.

"221g white" - CP - Consular Processing. Unlike AOS (Adjustment of Status) which you could pursue inside US, CP mandates you to go to US Consulate for visa interview, if successful, you get visa and enter US.

[GCPC23]

Hi:

I went for my IV interview, anyways my attorney is working with DoS as he is considers the 221G as inappropriate.

Thanks.

[itsmeusa]

Ok, that's great. Hope for the best. To answer your query, what if it's refused, then yes, underlying I-140 would become invalid for any future use. (I guess, DOS sends request to USCIS to revoke it.)

[GCPC23]

Ok, in response to the email my attorney was told that the consulate "intends" to ask for my passport, there was no mention of documents previously requested. However the case status on ustraveldocs shows as "admin process". I guess just need to wait and hope for the best.