H1B case returned to USCIS for re-affirmation

Here is my H1B visa extn experience @Chennai consulate.

Case Detail:

Case Type: H1B extn 6+ years

Job Type: Full Time

Company Size: < 50, LLC

Interview Date: 25 April 2011

consulate: Chennai

I got 221g green slip and requested to submit employer related documents. I have submitted all the documents on 24 May 2011.


After that, Consulate sent back to my case to USCIS on 27 Dec 2011, stating that "Your employer is not willing to provide or does not qualified for providing H1B job"

Here is a little background about my employer. It's a small size company (less than 50 employees and I am the only one H1B worker), On 2010, our company is acquired by one of our competitor, thus the name of the company got changed. But my lawyer submitted all the proof of this name change and established the "as it is" businees continuation after the corporate level acquistion. So USCIS approved my H1B extn without any issue after this acquisition.

But visa officer concerned about this name change (that's the only one question asked) and returned back my case to USCIS ..

I am still working remotely to this project, But don't know when will USCIS reaffirm my case?

Does anybody is waiting more than a year? 

Will USCIS (CA center) really processing cases returned from DOS?

Is it worth waiting for USCIS decision on returned cases?

Unfortunately, there is no set processing time. So there is no upper limit and can take several months. Your employer can file another cap-exempt petition for you and you can re-appear for stamping once it gets approved. However, the subsequent stamping can also run into issues.

Ya …our attorney analyzed the possibilities of filing new petition. But we still don’t know what is the exact issue in our current petition…Is it merely concerned about name change or visa officer is seeking any other info …

So he is also thinking the new petition may also get rejected at consulate again …

Do you know the specific documents asked? That could give an idea on what 221g was about. Were you asked about employer-employee relationship and client/project?