Withdrawing passport after 221g


I got221g in aug 2012. Since then there was no update on my case status, so, I submitted a written application to withdraw my passport on 12th July 2013. Now it has been more than 2 weeks, there is no update from their end.

I checked on their website, it showed 'Your passport is still with the post'. For the last 5-6 days, the same status was there. but today it is showing 'No status update with the passport submitted'.

I am not sure what did they mean by that and left me confused! :(

Also I got this email after a week of submitting passport withdrawal application -

On 28th July 2013, the previous decision made on your case was revoked and we mailed you a notice explaining the decision. ...


Does that mean a Petition Rejection?

Do you see that status on USCIS website? If yes, then they have issued NOID to your employer. Your employer should receive the notice and then respond to USCIS about the same.

Did you receive your passport from them?

Hi Saurabh,
Yes I see that on USCIS website and I think your guess is correct about NOID being issued to my employer.
Now my employer has cancelled the application processing.

So, Is my petition still valid? and the option of ‘change of status’ still there?
I am worried that my employer will revoke my petition if I try to do that.

No, I didn’t get my passport back.
Please guide how to get that back.

Thanks a lot for your response. Really appreciate that.

You should follow-up w/ consulate about the passport.

Your petition is still valid and employer needs to respond to the raised NOID.

Worst case scenario, if your petition is revoked you can still travel to US and file COS to H-1 later.

Also get in touch w/ your H-1 attorney and run this by them.

Hi Saurabh,

I got this mail today from USCIS : -

On August 4, 2013, your Alien Registration Number was changed relating to your I129, PETITION FOR A NONIMMIGRANT WORKER

Does that mean my employer has already taken any action on NOID issued by USCIS?

Also you mentioned about the worst case scenario, will I still be cap exempted even after my petition is revoked.

Thanks in advance.

That particular status at times comes up for no valid reason. I have seen it coming up for people who have filed new H-1 from outside India. Your employer can confirm if they have received NOID and have replied to it or not.

I remember a case where it was approved for cap-exempt purpose even after the petition had been revoked by USCIS. Still, you should consult your H-1 attorney to be sure.

Do you have a new employer in mind? It may be better to start the new petition process ASAP.

Hi Saurabh,

I still have the same status and it doesn’t seem to be moving ahead.
My employer told me that they have cancelled the application.
I tried calling US Consulate several times, but got no genuine response from them.
I need to get my passport back as I have plans of travelling very soon.
should I withdraw my entire application, so that atleast I will have my passport,even if the application is rejected.

Please suggest.

Thanks a lot in advance.

You can continue to try contacting the consulate or send them another application asking for the passport back.

Yes, withdraw the Application inits entirety. Make sure the Consulate has not lost your passport, I would give them a call.

I have finally got my passport back without Visa though.
Thanks a lot for your help guys. I really really appreciate your help.
Although I see that my application is now in the Initial Review state.
Do you know what it means? Is my petition still valid?