221G - H1B Stamping Query

USA H1B Visa
1

2 Approved H1B one open 221G one waiting for Stamping

Currently i am working in top MNC company. I have applied for H1B in 2017 from US based company got picked in the lottery and petition was approved.I went for interview in the month of Oct 2017 got 221g.

Here are the complete details about my case.

Current Working Company: Reputed top MNC in the world.

1st H1B: 2017 applied from small consulting company.
Interview Date: 16 Oct 2017 Mumbai.
Interview Status: 221g and collected passport. Requested for client letter.
Submitted client letter on 22nd Oct 2017.
Returned passport without stamping with another 221g on Feb 6th (Requested for couple of employer documents).
Note: Waited till Oct 2018 not received the requested 221g documents from employer.

2nd H1B: I have asked my current working MNC company to transfer the H1B petition but they are not ready to transfer as it was not activated(stamped) so they applied for new H1B in Apr 2018.

Mean while Other US based company (Small Company) transferred my 1st H1B in Oct 2018 and it was approved in Jan 2019.

2nd H1B gone through lottery and approved in 2019 March.

Note: Both employers are not know each other about the approved petitions.

Now i have 2 H1B approved petitions .I chosen MNC approved petition scheduled for interview in Aug.

Mean while petition got 221g in Oct 2017 sent NOIR to employer on July 8th( Verified in USCIS)

Question :

Does it impact my current interview / petition?

Note: I have scheduled interview with MNC petition filled as new CAP not the transferred existing petition.

2

They should NOT impact your current H1B, unless the first one is for fraud or any misinterpretation. You need to declare regarding your other 221g in DS-160 when you fill out regarding your refusal.

3

Thanks for you reply Kumar .

I have already filled DS 160 in May and scheduled appointment in Aug 2nd week for the interview. When i was filling DS 160 by that time NOIR not issued for old petition NOIR issued on July 8th.

While filling i check with my company attorney they suggested no need to mention as 221g will not come under denial of visa.

Is there any way to mention this or any guidelines should be appreciate.

4

The source of truth is what is the fact at the time of your application filing only. After something happens, you dont need to worry. But if anything asked at any time, you must telly the truth but never tell lie.

1 Like
5

Here is a sample H1B denial letter by consulate based on 221g , if you got something like this, you need to mention, if not, should be fine. Follow the advice of your attorney.