H1b denied after 221g


On Sept 29,2015 attended visa interview @ Delhi Embassy. My passport, I797 with the LCA was kept with the Embassy. Was given 221g white with no documents asked. After 7 months 10 days received an email to pick up my passport. Took my passport which had I797+Denial letter and no stamp. This is my first H1b. Case sent back to Kentucky Service Center on May5,2016. But, there is no update on case status.

After Delhi Embassy sending case back to KSC? How many days will it typically take to reach USCIS?Can we expedite the process?what will be the next steps after USCIS receives the case? I797 has my H1 starting Oct 1st 2015 - Sept 30,2016. As case is pending at embassy and USCIS? Will they change starting date? Before I even use my H1b it will be expired.Can we file for a new H1b PP now(reaffirmation of previous application)? As my old h1b is denied and sent back to USCIS? Thanks in Adv

  1. No set processing time but could take months.

  2. No

  3. They would either reinstate the petition, or issue NOID (Notice of Intent to Deny) and send it to employer to respond.

  4. Change would not happen. Employer will have to file cap-exempt petition to get extension beyond that date.

  5. Yes, but take care of the issues that caused the earlier visa denial