Kpmrh Posted January 31, 2014 Report Share Posted January 31, 2014 I have been in US since 2006, and have an approved I140. My I797 is approved till April 2015. I came to India with family in Nov and had to go for stamping. We were handed 221G form which said administrative processing. Initially they didn't ask for any documents but after a month they asked to submit all I797s & petitions, which we did. No news after that. Is it possible in this situation to transfer my H1 to another employer while I'm still waiting? I understand that the GC process will have to start from the beginning. Link to comment
jairichi Posted January 31, 2014 Report Share Posted January 31, 2014 I have been in US since 2006, and have an approved I140. My I797 is approved till April 2015. I came to India with family in Nov and had to go for stamping. We were handed 221G form which said administrative processing. Initially they didn't ask for any documents but after a month they asked to submit all I797s & petitions, which we did. No news after that. Is it possible in this situation to transfer my H1 to another employer while I'm still waiting? I understand that the GC process will have to start from the beginning. Yes, new employer can file H1B petition based on approved I-140 and you would get 3 years. But, what makes you feel that you will not get another 221G when you go for stamping with new employer's H1B petition approval? Link to comment
Kpmrh Posted January 31, 2014 Author Report Share Posted January 31, 2014 No guarantee, I agree, but my feeling was that I got the 221G mainly because mine is a sub-contract position. I could try my luck with a direct vendor. If the new employer gets an H1 approved & I go for stamping, what happens to the existing case? Also when I fill DS160 for the new application, would I have to say Yes for the question whether any prior applications were rejected? Link to comment
jairichi Posted January 31, 2014 Report Share Posted January 31, 2014 No guarantee, I agree, but my feeling was that I got the 221G mainly because mine is a sub-contract position. I could try my luck with a direct vendor. If the new employer gets an H1 approved & I go for stamping, what happens to the existing case? Also when I fill DS160 for the new application, would I have to say Yes for the question whether any prior applications were rejected? Yes, that makes sense. There are times where VO would ask you to withdraw your previous H1B application before they can proceed with new one. There are some instances where VO would inform you of new H1B visa approval and ask to withdraw your previous application. The answer for your second question is NO as 221G means administrative processing and not rejection. Link to comment
pontevecchio Posted January 31, 2014 Report Share Posted January 31, 2014 221g is considered a rejection. You really should discuss your situation with a lawyer. Link to comment
jairichi Posted February 1, 2014 Report Share Posted February 1, 2014 221g is considered a rejection. You really should discuss your situation with a lawyer. Pontevecchio: But, isn't it administrative processing unless it is specifically mentioned by US consulate as "visa denied under 221G"? Correct me if I am wrong. Link to comment
Kpmrh Posted February 2, 2014 Author Report Share Posted February 2, 2014 Thanks a lot for clarifying my doubts. Really appreciate it!! For now I am going to wait for a couple of weeks longer and then make a call. Link to comment
niyochat Posted April 23, 2014 Report Share Posted April 23, 2014 hI kpmrh, I am in a similar situation as a sub-contractor and going for stamping. If you dont mind, can I have your contact email please? Link to comment
JoeF Posted April 23, 2014 Report Share Posted April 23, 2014 hI kpmrh, I am in a similar situation as a sub-contractor and going for stamping. If you dont mind, can I have your contact email please? On H1, you are NOT a subcontractor. You are an employee. Your employer may send you to work at a client site. You are still an employee. Link to comment
niyochat Posted April 25, 2014 Report Share Posted April 25, 2014 okay wll not use the term "sub-contractor" though in reality thats the case with primary vendor in between. Should I not disclose about vendor? Link to comment
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