H1b 221g white slip under admin process

Hi saurab,

I have attended h1b interview in Jan 2016.Due to client related problem got white slilp,case is under admin process till now.I have validity till Oct 2017.My question is ,if am unable to transfer to New employer before expiry date,am I eligible to cap exempt after Oct 2017.
Could u pls suggest how to find h1b sponsors.


It would be possible to transfer even after expiration date as long as USCIS doesn’t revoke the petition based upon feedback from the consulate.

Thanks saurab for ur reply.Here an texting the exact mail got from uscis,pls let me know is this refusal or revoke decision from uscis

This office regrets to inform you that it is unable to issue a visa to you because you have been found ineligible

for a visa under the following section(s) of the Immigration and Nationality Act(INA)

*Section 221(g) of the Act prohibits the issuance of a visa to anyone who has failed to present the documents

required in connection with the visa application, or who has failed to submit sufficient credible evidence to

support the claimed petitionable relationship. the following remarks apply in your case.

  • Consular investigation revealed that there is no qualifying employment for the beneficiary.

  • Your case is administratively closed at the Consular Section. Consular officers apply a 'reasonable person

standard’ when evaluation the bonafides visa applicatoins (9 FAM 42.43 N2.2(3)). The basis of the return of a

petition for revocation is also "evidnec that USCIS did not have available at the time of adjucation and that such

evidenc, if available, would have reslted in the petition being denied". These facts establish that the petition

is invalid. Further, these facts, as ascertained by consular officers, would convince a reasonable person that the

circumstances constitute misrepresentation to evade immigration laws.

Therefore, pursuant to FAM 41.53 N2-3, the reviewing officer has decided that the petition should be returned to

the U.S. Citizenship and Immigration Services (USCIS) with the recommendation that it be reviked. The process

includes review by the Nonimmigrant Visa Chief. When USCIS receives the returned petition, they will contact

Petitioner, who will have an opportunity to rebut consular findings concerning this case. If USCIS revokes the

petition, the beneficiary may become ineligible for visa under immigration and Nationality Act Section 212(a)(6)

©(i) (or tother appropriate section). If USCUS reaffirms the petition, the petition will be returned to post for

further processing.

Pls suggest me further step I need to go.


Hello Amit, sorry about what happened.

I just have a couple of quick questions about your case.
You got 221g sometime in January 2016 and do you know when Consulate inquired client about your job details?
When was the final decision made? was it 2 days ago?
Was there any update online on CEAC website where you can check status?
Could you please let me know the timelines.

Any information provided is appreciated. Thank you.

The letter is from consulate and not USCIS. You can track USCIS review progress on USCIS site. Usually it would change to NOID or NOIR when USCIS decides to revoke it. Until then you can try to move to another H-1 employer.