Hi last week I went to consulates and got 221g yellow slip for application asked to submit i129, lca,employment contract with petitioner, contract between employer and vendor and end client ,letter head of client stating there is vacancy and detailed description of project along with payslip …as the visa officer mentioned there some issue with the petition … as though I didn’t mentioned but my employer filed location amendment in rfe but due to emergency in family ( father in law expired) travelled back and have to go for stamping as h1 was not stamped since I traveled on b1/b2 and my employer filed change of status so was working for last one years… now I am confused as I received 221g on my original petition as my employer says I should go with amended petition for interview as rfe clears but my question is can I appear with old ds 160 application or I need to file new applications after withdrawing the old application? Or I can for interview with amended petition documents … please respond any help in this regard is highly appreciable.
Thanks
KV
Well, what H1B details did you enter in DS-160 when you attended stamping ?
I entered in ds160 my original petition not amended one as it was still under rfe and I provided earlier client details for the stamping but since the VO mentioned some issue he sees with petition though didn’t mentioned to him on amendment so wondering now what to do as got 221 g to submit above list documents .
In general, you cannot really file a new DS-160 and change those petition details now…you need to stick with what you have got and submit any new information that you have received regarding the same petition…Talk to your attorney and employer and figure out the best way to handle the situation.
Hi Kumar thanks for quick response… one final question
- should i wait for approval on amendment and submit the revised documentation from the new project for 221g response.
- or should i go with the old documentation and submit 221g response from the last project.
Please let me know accordingly i will discuss with employer/attorney.
Thanks
Kumar
Discuss with your attorney on the approach…it is a tricky situation because, you have used old petition info… If they verify your old project and you are not there, then it can create issues, so discuss with your attorney.
Thanks for your input now i got approval for my amendment and i have written mail to consulate to withdraw my old ds 160 and going for stamping with the amended and original petition. let me know what all things i need to take care while going for stamping again?also the ds160 ask for the original petition not the amendment…which information i should enter in ds 160…one more thing since change of status is there…the consulate has cancelled my b1/b2 visa when i went there last time…is it normal? please respond …thanks a lot in advance for the help.
Thanks got the visa… went with revised petition to us consulate 19 dec asked to submit passport 13 Jan and got passport on 17 Jan…
Thanks for the response and guidance…one last question since the project i was billable put me on hold after 4 month remote…so do u see any issue in port of entry if project not active…?as my employer will find project once landed
Thanks
kv
Congrats ! Thanks for sharing !
Would you mind sharing your process for December stamping ? Did you get confirmation for previous 221g withdrawal ? Also, did you again fill out new DS-160 and appointment to go for stamping ? Share more details so that it will help community.
Well, what matters is you will need to have job/ project after you enter US…as long as there is employment for you , it will be fine. Talk to your attorney and employer and have a response ready on what you would need to answer based on what was filed in the petition and what you got stamping for…
Thanks Kumar !
Yes, i sent mail to withdraw my old ds 160 but did not get any confirmation …so i created new ds160 and again booked the appointment with the consulate…so the process followed here are…
- wrote mail to withdraw old ds160
- created new ds 160 and booked another appointment.
- went with interview got again 221g
4.asked submit the relevant document online on email…so sent that in couple days
5.got mail from us travel to submit passport with i 797 and 221g
6 receive passport in week time with stamped visa.
One last question for getting h4 stamped is i94 required…? as i was planning to take my family along with me after their stamping…but someone said need i94…any idea…
Thanks
Vivek