H1B re-validation while pending 221g admin processing

Hi All,

I had been following redbus2us for a while now, you guys are very helpful. Thank you.

I was issued a 221(g) white slip asking for the client letter, I was into EVC. I work with a small desi consulting company. Interview was on Nov, 2012. I had submitted the client letter towards the end of Dec, 2012. I have not heard anything since then, It has been more than 8 months after my visa interview at chennai consulate.

Now, my employer is planning for a re-validation (amenndment) to my petition (cap-exepmt) without waiting for the admin processing to complete. The client letter that I had submitted for the 221(g) says the project ends by end of April, 2013 with a high possibility of further extension. 

They are planning to process it for a different client's letter which would be into EC model. My questions for you are :- 

1. Do I stand any chance to go through without any issues this time? 

2. Will the pending 221(g) cause any issues? 

3. My H1B petition expires Nov, 2013 - will this impact re-validation process? 

Thanks a ton in advance.

  1. No one can say for sure if you will hit any issues or not. In general EC model has better chance than EVC model

  2. Shouldn’t. You will be appearing for new stamping through a new petition. They may ask about previous 221g and you need to respond truthfully. In worst case scenario, they may you to withdraw pending 221g before issuing the new visa.

  3. When they file for amendment, they will get H-1 petition w/ new term based on submitted documents.