I went for my H1 stamping on 26th Feb 2019 and was given 221g White slip requesting various documents related to employment e.g. MSA and purchase orders between sub vendors and end client, end client letter etc. However my end client didn’t and will not provide a client letter and they sent an email stating the same which I submitted to support my case along with my ID cards and vendor letters on 29th of March.
The same day my contract with sub vendor and end client ended so now my LCA and all related documents don’t hold good.
I tried for H4 (on my husband’s H1) stamping on 16th April, but they said they can’t process it unless the H1 pending case is resolved.
Now I am stuck here as my family is in USA.
Can my employer withdraw the H1 stamping request so that they consider my h4 as anyways changes of visa denials is high as requested documents were not submitted.
Thanks for reading through.
Subha
Sorry to hear about your situation. You are not alone. Have your employer submit a certified mail to USCIS declaring withdrawal of H1B. Submit this as evidence that your case has been requested to be closed. Now apply for H-4. Pending 221g cases are resolved either through an administrative process final answer or through case withdrawal by employer.
I have send the consulate an email to withdraw my case about a month back through USA travel docs (status shown and confirmed as “Escalated to Post” in the usatraveldocs site) on May02.
After which I have send subsequent emails recently to request for withdrawal as it’s now more than 90 days and no update is available on my case except the same standard response.
But Kolkata consulate did not respond or look into my May02 case, or even if they have no updates has been received yet.
Unless the case is officially updated on the ceac site that it’s withdrawn I am unable to work on my H4 visa.
Please advice as what I can do now.
Regards