No answer to 221g, h1b withdrawn, can get any visa in future

USA H1B Visa
1

Hi,

I got 221g asking for few documents, my employer did not answer them for more than a year and then says that my peition is withdrawn.

I can still see my visa status as admin processing. My employer is never gonna answer that 221g bcoz they dont want me in USA anymore.

My question is will i be able to a get any kind of USA visa in future.

2

Another employer can file a cap-exempt petition for you. Once approved, you can re-appear for stamping through that new employer.

You will need the approval copy of previous 797 or at least the receipt number for this purpose.

3

Hi Saurabh, Thanks a lot.

I would like to know about the process where another employer can file for non cap H1B for me. Also what kind of documentations i need to get from my current employer.

I have 797 with me and reciept too. Do i need to take some letter that why did they not reply to the 221g request.

Reason was that visa officer was not satisfied with my answers regarding my las B1 visit. and my B1 has also been cancelled at that time.

Anything specific suggestion you may like to provide.

Thanks a lot for your help.

4

For cap-exempt petition, you need approval copy (797), which you already have.

If the 221g was related to your B-1 visit, then there is a good chance that new stamping through new employer may also run into similar issues. So it will be better to collect as much information as you can from old employer regarding that 221g.

5

Thanks Mate,

i was asked to explain the visit which extended 3 times than planned, and the consulate asked to get a proof from the client company. also the process i was selected for H1b like jobs details in US job site n all.

please help in this case what kind of documents/letters i should take from my old employer.

Thanks,

6

You need to have documents from client stating that they wanted the extension along w/ other details like what you actually did in US during that time.

If you did any productive work which doesn’t qualify for B-1/2, then it can be an issue.

7

I did not but Client company already denied for that. These letter are asked from my employer(petitioner) in 221g, Not from me. and i fear that client company will never give such letter as they didn’t yet.
What kind of documents i should take from the employer.

Thanks for ur replies… sounds like i am asking for too much from you.

8

The only thing raised during 221g was why you spend so much time in US. The best way to address was getting a letter from the client, which you don’t have. The next thing you can get is a letter from the employer about the same. If you can’t get that, then look for email conversations b/w you, employer and client asking for extensions and stating the reasons.

I can’t think of anything else you can get from employer which can address this in future.

9

Thanks Saurabh :slight_smile: