221G reaffirmed by USCIS in 2 years

[samunik]

Hello,

I have a very weird and maybe funny thing to ask here and yes the dates here are correct.

I went for my H1B visa interview on 19th November 2010 in New Delhi Embassy for 3rd extension for 3 years as i had my I-140 approved. After a few questions the VO told me that he needed to check on a few things and would get back to me in a few days. I was given neither a slip nor a 221(G) was mentioned. After waiting for a few days and a few emails back and forth with Delhi embassy I was told in an email that my case was indeed a 221(G). I received a letter dated 14 Jan 2011 stating that "My employer did not provide qualifying employment" and my petition has been sent back to USCIS for reconsideration/revokation". Total BS.

Due to personal reasons I decided to stay back in India as I was trying to sort out some personal mess, but I was tracking my case in USCIS website, USCIS received my case on March 10th 2011. I tracked the status until early 2012 but stopped caring for it afterwards.... Now the kicker, The status got changed on 5th Feb 2013 stating below. got a call from ex-employer in USA.

"On February 5, 2013, we mailed a notice to you reaffirming the approval of this case and returned the case to the Department of State for visa processing. For more information, please contact them directly."

Apparently the process corrected itself. I am planning to call the embassy and follow up on it, but what should I expect? Would they ask for a client letter again, it goes without saying that the same parameters (read clients and its info) 27 months ago do not exist today. My H1B is valid until 30th Sep 2013. The only reason I want to follow up is my current employer wants me to travel to USA, and are already going to file an H1B, but if I can get this visa, I can travel earlier than 1st October, which would be really helpful.

For a brief background, by the end of 2010 I had already been in USA for almost 9 years, 2 years in MS and around 7 years in H1B. This was my 3rd H1b for a duration of 3 years due to approved I-140. I had never been on bench, 90K+ salary. I had every paper imaginable.The only thing which I was not carrying but was submitted for my H1B renewal was a letter from my client stating EVC and employer employee relationship. I was just carrying a letter from my Client stating my duties.

I would really appreciate some input here specially from attorneys.

Thanks Sam

[lostpacket]

ha ha ha.. Good luck with the embassy. Please let us know how it goes.2 years is total BS. Literally.

[samunik]

nobody?

[itsmeusa]

Hello - I would find a new employer who could file a new H-1B rather than relying on so-much-dragged 221-G affected H-1B.

[Attorney_25]

Having an affirmed petition is very helpful, as it is a message to the consulate that their analysis of your employment was incorrect, but you will still need to show that the employer currently has qualifying employment to offer to you. Please discuss your various options with a qualified immigration attorney.

[san.hankare]

Hi Sam,

I also got my H1B reaffirmed by USCIS on feb 13, 2013 (after 15 months). I contacted consulate and asked for the process to get the visa stamped in a such a case. They have asked me to send the copy of reaffirmed H1B. I havent received it yet.

You might want to send the copy of your reaffirmed H1B visa to consulate and wait for their reply. They might just ask you to submit your passport for visa stamping.

Please let me know if you hear any thing from consulate.

Regards,

San