Back up plan for Valuables in US and I-Squared Act 2013

[lostpacket]

I know a lot many people here have been stuck due to 221g and I am sure most of the people own a car , rent a house, pay utility bills etc.

While some are able to make it back , so don't. For those who don't , it becomes painful to get rid of their stuff in US. Like selling car, vacating apartment etc. This is off course a broken immigration system, where person is allowed to work but not allowed to re-enter and do the same work he has been doing.

As a precaution, is it recommended to sell all your valuables every time you go for stamping outside of the country. What are your thoughts ?

Here we are not discussing about how legit your petition is. Its about the back up plan in case the consulate holds you back going to the US. We have seen some companies don't wait in case the employee is unable to resume job in time due to these Consular Processing. Employee is laid off.

PS: As per the Immigration Innovation Act of 2013, there is no requirement to travel outside of country to get H-1B visa revalidation. The visa will be revalidated in US itself. I know there was petition in whitehouse's website that many of us signed (https://petitions.whitehouse.gov/petition/allow-h1b-approved-cases-get-visa-stamped-us/LWhMc03b ). Thankfully this in fact got embedded into this bill/act. I hope this becomes a law soon and President signs on this bill. This is how it used to be before 9/11.

[Hank_82]

I know it is sad, however, I see, slim chances of that option being considered.

My understanding is that, we might be able to come back to USA (to wind up apartment, car etc) on tourist visa, or on another H1B Visa, in case, we have issue with visa stamping.

[JoeF]

The issue should actually be to minimize the risk for a 221g.

That includes not working for a consulting company, in particular not with middle vendors.

[lostpacket]

The issue should actually be to minimize the risk for a 221g.

That includes not working for a consulting company, in particular not with middle vendors.

I am working for a company who has a PEO (Professional Employment Organization). There is no vendor etc. We don have the clients but I work in house. USCIS does not recognize concept of PEO and I am sure the consulate officer is going to ask me about it since the PEO is on my W2. Unfortunately not all companies offer H1b. I had a couple of great job offers but they told they can't do H1b.

[lostpacket]

My understanding is that, we might be able to come back to USA (to wind up apartment, car etc) on tourist visa, or on another H1B Visa, in case, we have issue with visa stamping.

Again, its not easy to get B1 visa after H1b is denied. That is the reality. Consulate will not issue B1 because one may change their status from B1 to H1b once they land in US . Visa won't be issued even if someone genuinely wants to sell their stuff and say good by to US forever. Consulates just don't trust us.

[an0n]

@JoeF: Interesting observation. A few of the clients i have worked with prefer contractors to full time employees for whatever reason. Usually they would have earmarked a few primary vendors (depending on the client's size) which makes the client life easier in terms of billing, timesheets, payments etc... to interface with one or more primary vendors than dealing with all the consulting companies out there.

That's how the industry seems to operate. H1B visa quota seeks to bridge this resource gap. IMHO, changing your visa system to match the industry requirements with due diligence to restrict fraudulent use could be way forward. *********/*******are consulting companies too same goes to your local ********* Software.

[JoeF]

@JoeF: Interesting observation. A few of the clients i have worked with prefer contractors to full time employees for whatever reason.

Then you could apply for a job elsewhere...

That's how the industry seems to operate.

No, that's only your impression based on your experience with consulting companies. The industry prefers normal employees.

[an0n]

Then you could apply for a job elsewhere...

No, that's only your impression based on your experience with consulting companies. The industry prefers normal employees.

Ummm.. Thanks for your response. Enlightening to say the least.

Anyway common misconception is 221G is issued to EVC or EVVC and that FT employees are given the red carpet treatment at the consulate. Afraid it is not so. There are instances of people working in universities after completing their Ph.D's given 221G under Administrative Processing.

[221g HYD]

So lets get to the topic of backup plan. I have been on 221g since more than 3 months. would it be a good idea to get rid of my stuff back in US or still wait? my job is still on hold but not sure for how long

[JoeF]

Anyway common misconception is 221G is issued to EVC or EVVC and that FT employees are given the red carpet treatment at the consulate. Afraid it is not so. There are instances of people working in universities after completing their Ph.D's given 221G under Administrative Processing.

But such instances are rare compared to the EV..C cases.

Nothing in life is 100% risk free.

[lostpacket]

So lets get to the topic of backup plan. I have been on 221g since more than 3 months. would it be a good idea to get rid of my stuff back in US or still wait? my job is still on hold but not sure for how long

Its better to get rid of your stuff now. You don't know how long its going to take for the consulate to give you a visa. It might be possible the case be sent to USCIS in coming few weeks. Sell your car. I hope you have made someone a power of attorney to sell your car before you came to India.

Your other valuables can go in a self storage place if they are worth keeping there while you wait. Ask your friends to put the stuff in a storage place.

You can always buy the stuff when you come back to US. Yes, there could be some loss as you may not get the right price for your car or your other valuables. But you can easily make up for it on a US salary.

I am actually planning to come to India and have already started selling the stuff and will vacate the apartment before I leave. possibly sell the car as well.

[an0n]

@lostpacket & 221gHYD: This is an individual decision. So, can't really say if disposing your stuff before a visa stamping is a smart thing to do. If the embassy refuses your visa application, you would stand vindicated but if the embassy approves your visa application, you *may* rue your decision to having disposed your stuff.

My opinion is: Anytime you walk into an US consulate for a visa interview its a 50-50 chance, so go prepared for any outcome.

But such instances are rare compared to the EV..C cases.

@JoeF: Believe your earlier response is good enough for your statement.

No, that's only your impression based on your experience.

Unless there is an overhaul of the visa interview process, there is nothing anyone can do to absolutely guarantee that they do not get a 221G during a visa interview. Except ofcourse - not going for a visa interview.

[lostpacket]

Apparently, I sold everything I had in US , vacated my apartment and came to India for visa interview.

My case was put in administrative processing. Its been more than a month now.

It was a good decision as I don't have worry about my stuff there...But yes, visa is still a worry and I am waiting every single day for any update from the consulate.