H1B 221(g) denied, New application approved

Here’s my situation and a bit of background on me.

  1. I had an L1 in 2009 for 1 year. I started a company in India and opened an office in the US. Unfortunately i could not renew the application so i came back to India before my L1 expired.

  2. I got a B1/B2 multiple entry to the US and have traveled to the US several times since then and each time it was not for more than 2-3 months at a streach. I have friends and family in the US so i would make it a work/pleasure trip.

  3. In 2012 one of my previous clients (software company) decided to hire me. Its a small company with only 5-7 employees but revenues over 1.5MM and over 200 clients. I applied for my visa in Mumbai and got a 221(g). The requested information asked was the standard as they did not even bother looking at the application correctly. My attorney thought it was best to submit a new application with the same employer rather than addressing the concerns of the previous application as information asked by the consulate was the same which was already submitted and he thought reapplying for a new application with previous app reference would be faster.

  4. New application got approved and i have the new approved H1b petition with me and am ready for stamping.

My questions are the following.

  1. What are the chances of the consulate issuing another 221(g) as in my past interview they did not ask me many questions and even though i had all the documents they simply asked me to submit them via VFS. I know there is no guarantee about this but is this typical?

  2. Should i mention it to the VO that during my last interview the VO had some concerns and those were addressed with USCIS and hence USCIS approved the new application? Will this work against me or negatively?

What would be the best strategy when going for the interview this time? The salary i am going to be paid is not bad and the company makes its own software products and is well known in the market for that.

Any help would be greatly appreciated.

  1. What are the chances of the consulate issuing another 221(g) as in my past interview they did not ask me many questions and even though i had all the documents they simply asked me to submit them via VFS. I know there is no guarantee about this but is this typical?

Visa officers are smarter than you think. They have all the information on the file. If you have not abused your previous visa and have all papers in order then you would be good to go,

  1. Should i mention it to the VO that during my last interview the VO had some concerns and those were addressed with USCIS and hence USCIS approved the new application? Will this work against me or negatively?

answer only asked questions. Truthfully. that would help you. Mind it…USCIS did not reject your application the US consulate rejected. Many things depend on VO.