I got the H1 approved petition in Dec 2014 and appeared for visa interview in Jan 2015 but i was issued with 221g. After 5 months now i got OF 194 which says the following.
“Consular investigation revealed that there is no qualifying employment for the beneficiary” and the reviewing officer decided that the petition should be returned to USCIS with the recommendation that it can be revoked.
when receives the petition, who will have an opportunity to rebut consular findings concerning this case.
If USCIS revokes the petition the beneficiary may become ineligible for a visa under immigration and Nationality act. If USCIS reaffirms petition, the petition will be returned to post for further processing.
WARNING: If you fail to take the action requested or fail to present additional evidence sufficient to overcome your visa denial under section 221g of immigration and Nationality Act within one year of the refusal date, the section 203(g) of act requires that your application be cancelled.
Now, I’am in desperate problems, please advice me what to do
Since the current petitioner is not able to provide sufficient documents, Can i switch to New employer who can fullfill the same ?? Will this OF-194 impact to the new employer who wants to do transfer…??
If USCIS revokes the petition, then no other employer will be able to file cap-exempt petition for you using this petition as reference.
You must act quickly and try to find another employer. Hopefully they will be able to get the new cap-exempt petition approved before USCIS take an action on this petition.
thank you saurabh,in the above OF-194 uscis gave 1 year of time. but now i got a new employer who can do the same. But employer wants me to join that company then they will start the process. can i take this risk ??
Yes, but unfortunately after showing this OF-194, that employer in India doesnot want to process my H1B. I called up my actual petitioner to check when they will respond to 221g query, but they are telling that they have not received any notice from USCIS, I have to wait until they receive notice from uscis
If this employer is not willing then try to find another employer. Maybe they would be willing.
As for current H-1 employer, it is up to them whether to respond to USCIS notice or not (when they receive it). Do you think they would still support your case?
@anilc55, This looks like you got it in email. Was it ? Did they give you any Blue Slip after the interview ? Also, did you submit anything after the 221g form was given after interview ?
I have issued white slip issued and ticked as needs to conduct administrative processing. They didn’t ask for any documents. I have attended interview March 5th,2018. They didn’t communicated anything since then. I have requested for update and have received response as of-194.
Well, if you have got a slip and then this letter, it means that the decision is made on your case. There is nothing much you can do now…It is unfortunate, but that is Consulate decision.
Your case is not yet DEAD. Its just Consular officer which is not willing to issue a visa and recommended USCIS to revoke it.
USCIS (in turn DHS) is the ultimate authority to issue or deny a petition, not a consular. Thus, this case goes back to USCIS with Consular recommendation of denil. If USCIS trusts the Consular recommendation, they may issue another RFE or Notice of intent to revoke (NOIR) to the H1 employer. After that only they may deny or re-affirm the approved H1(which is your case.).
I have seen this cat-mouse fight between Consular and USCIS several times and USCIS usually re-affirms the petition status(80% of the cases). But this may take more than a year or so. Thus, its going to be an extended length of waiting for your case for the moment. Its not DEAD. At this point you cant do anything except waiting. Once USCIS re-affirms, the same consular office will call you to submit your passport etc to stamp your visa. If USICS revokes the same petition, USCIS sends the decision to the H1 Employer.
I have personally witnessed such case a decade back with a reaffirmation.
Good luck.
Thank you o much for all your guidance. It’s been almost 2 years since I received OF-194. Can I still expect some update from USCIS. I don’t think my petition is still active with them. Any suggestions for further would be much appreciated.
Hi @ImmiGeek is it possible to transfer my existing h1b to another employer? Will it be any issue further in future? Looking forward to your suggestions.
