B1 rejected because H1 is under 221g

Hi!

My h1b got picked in April 2015, but I went for my stamping in October 2016. It was placed under 221g and last week I received a mail saying that my visa has been rejected and that I have one year to submit further evidence for my visa to get approved.

Last week I applied for a visitor’s visa but it was rejected because the officer found inconsistencies in my H1 application.

Until my H1 application is resolved, can’t I apply for other visas to visit USA? I applied for B1 for a casual visit to USA, and not from any company’s behalf.

Also, if H1 is under 221g can my application be cancelled by the employer? Would it affect my future visa applications to US in any way?

You are talking all the things mixed up.

  1. You said that your H1 is rejected and in the same paragraph, you said that you need to wait a year to get it approved. Not clear.

  2. Your B2 is rejected since inconsistencies in H1 petition. How does these two are related. It doesnt make any sense. Did the consulate give you the exact reason for B2 rejection OR you are just assuming that fact?

  3. Its not clear what is the official reason for 221G? if the issue is on your(candidate profile), your subsecquent such petitions would have an impact. But if your 221G is due to your employer credentials(or position credentials), any other employer filing your H1 petition would have no impact. You must get the clear and official reason for your 221G OR for your rejection (if any). Please dont assume and worry.

yourQ: Also, if H1 is under 221g can my application be cancelled by the employer? Would it affect my future visa applications to US in any way?

Ans: Again, if your current 221G is due to an issue on your profile/credentials, any future such filings would get impacted, if its due to any other reason, you will not have any impact.

Talk to a lawyer.

My h1 visa application was placed under 221g due to some inconsistencies in the application (I am assuming it is because I was missing my client letter- they were stressing quiet a lot on the client letter).
It’s been more than 6 months and I haven’t received any communication from USCIS asking me for any documents supporting my h1b application.
How long does it usually take for the issue to resolve?
Should I be worried because my husband’s company is soon going to file his L1, and my dependent visa.

“1) You said that your H1 is rejected and in the same paragraph, you said that you need to wait a year to get it approved. Not clear.”

  • my application was not exactly rejected, it was put under 221g- further processing. In my interview, the interviewer stressed on the client letter, which I didn’t have with me. So, am just venturing a guess here that the issue is the missing client letter!

“2) Your B2 is rejected since inconsistencies in H1 petition. How does these two are related. It doesnt make any sense. Did the consulate give you the exact reason for B2 rejection OR you are just assuming that fact?”

I went for h1 interview in Oct 2016, and B1 interview in Jan 2017 and Feb 2017. I asked the interviewer what was the reason for rejecting my tourist visa twice, to which he replied that there were inconsistencies with my previous visa application.

Couple of options here:

  1. File for cap-exempt petition through another employer and then appear for H-1 stamping through them, or
  2. Mail to the consulate and ask them to withdraw the stamping request. Once that has been completed, appear for tourist or dependent visa. Consulate will most likely send the petition back to USCIS for reconsideration.

Is there hope that your employer will support this 221g ask?

Can I write to the consulate asking them to withdraw my application? Or should my employer be doing it?

My husband is soon going for his L1 Blanket visa interview. His lawyers assure us that my previous H1 application shouldn’t be a problem if we apply for L1 dependent visa. But, should I be concerned? Am worried esp because my B1 was rejected twice.

Hi,

My h1b in 221g pending but i have approved h4 petition, so I want to travel to US on H4.Should i withdraw h1b application by email or in person when i go for h4 interview ?

or i can just get h4 and h1 remains processing ?

If I withdraw my h1 application then does that mean i cannot use it cap exempt in future?

Please help - my email - sachintendulkarcricinfo@gmail.com

My passport is with me only.

Thanks

  1. Please dont re-post on my wall. I seriously avoid answering questions directly on my wall. If you need my attention, first post your question under general questions section here and post the link on my wall.
  2. Answering your question:
    Base answer: Your H1 petition has nothing to do with your H4 petition. Any issues on pending H1 has no impact on your Already approved (or, in pending or to be applied newly) H4 petitions. You can safely use(if approved)/wait(if pending)/newly apply(if never had) a H4 petition and travel with it at any time.
    Direct answers to your question:
    Your Q: "My h1b in 221g pending but i have approved h4 petition, so I want to travel to US on H4.Should i withdraw h1b application by email or in person when i go for h4 interview ? "
    Ans: No, you dont need to withdraw your pending H1 petition.

Sorry and thank you.

I have read instances where VO has asked candidate to give written letter stating withdrawl of 221g pending H1 when they gone for H4 interview, I have also read cases where H1 was in process and they got h4. So i was in dilemma.

My h1 221g was given when i went for stamping, its not RFE. Believe your answer is also for the same. I will go for H4 stamping, worst case if they ask me to withdraw H1 221g application then I will write a letter then and there itself.

Thanks

What you did ? I am in same situation ?