Visa Interview on New Petition: Previously denied on 221 (G)

[its_me]

I went for H1B visa at Kolkata India in March 2011. I was denied a visa and my petition was returned to USCIS under 221(g).

Subsequently I got a H-4 visa (as my wife was also on H1 B) from Kolkata.

The same employer hired me back and my new petition was approved. My employer filed for another extension in Aug 2012 which was approved in December 2012.

Now I have received an email from USCIS stating Notice of intent to revoke for not able to establish employer- employee relationship for the old petition for which I was denied a visa at Kolkata. This petition has already expired.

My concern is that I am scheduled for visa interview at Vancouver In March 2013. I am in a dilemma as to what to do.. should I go for visa interview or not.

Any help is very much appreciated. Thanks a lot!

[lostpacket]

I would suggest to respond to the NOIR first. And then go for visa stamping.

In my case, I didn't have the opportunity to return to US on H4 visa like you did. But, when I went for the second stamping ( just like the way you are planning to go ), I was asked by VO about the old petition which was pending with USCIS. I told VO that it has expired and this is a new petition. The VO didn't listen and gave me 221g. My lawyer requested the consulate that this is a new petition. It took 3 months to convince the consulate . Then they approved my visa.

If you don't want to go through this and if its not urgent, then don't go for the visa.

Further its pure luck. The VO decisions are not consistent across consulates.

[its_me]

Thank you so much for sharing your experience, its very helpful.