221(g) Status Pending - H1B Visa Validity Expires, Options?


I am on F1 visa in the USA for 4 years. My first H1B visa approved only for 3 months (Oct 1, 2019 to Dec 31, 2019) without a change of status (consular processing). I came to India for Visa stamping and attended visa interview at Chennai on September 26, 2019. I was issued 221(g) after the interview and I stuck in India. Till now there is no update regarding the administrative processing.

  1. Will my H1B is valid after Dec 31, 2019?
  2. Is there a way I can extend my Visa?
  3. What happens to 221(g) case after Dec 31, 2019?
  1. No, it will not be valid as it has expiry date of Dec 31st,
  2. Yes, you can ask your employer to apply for extension now.
  3. You need to wait for the decision on the same. It can take few months or few weeks…

Hello Kumar

Thanks for the response. Since it is my first H1B approved by USCIS without change of status till Dec 31, 2019 and visa stamping is not done yet (under administrative processing) am I eligible for Visa extension?

Do I need to file fresh H1B application for next year?

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Yes, you are, if you are going to file with the same employer. No need to, if you are going to stay with same employer…