221g - Case sent back to USCIS for review

Hi @Anil.Gupta,

Here’s my case info, please take a look.

On Jan 29th 2019, I went for VISA stamping in Hyderabad (First time stamping since I changed my status from F1 to H1B) and I was given 221g and after many months in September I received an email from USCIS with the subject “We have taken an action on your case”. I logged in on my account and saw this status : “Department of state sent case to USCIS for Review, we are reviewing it and will notify you when we are done.”

I read your responses on similar cases where others have received email from the consulate saying they have sent the case back to review and possible revocation.However, please note that I have not received any email from the consulate itself. Nowhere in the USCIS mail or the case status on the account there is any mention of “Revocation”.

My question is - is my case the same as others and does your response still apply? Is my case sent for revocation even though there is no mention of it? or is there a chance for it to be reviewed and approved by USCIS?

Background info on my H1:

My H1 was filed and approved by Employer A in 2017 Jan and it expired in 2018 January. However, employer A filed for an extension in regular processing prior to that in December 2017. As I was allowed to work 240 days while a case is pending, I continued to do so. In Aug 2018, I was worried about the possibility of a denial, so I had another employer, Employer B file for a transfer. My transfer was approved on September 22nd (Until Feb 2021) and following that on October 1st I received the denial on my extension from Employer A.

In the visa interview, here are the questions I was asked:

  1. First time stamping? : Yes
  2. How many employers does your company have? : around 25 employees.
  3. Have you been working for this employer? : No, I am yet to start working on this project.
  4. Who is the Client? : It is an in-house project
  5. What is your highest qualification? : I have done my MS in US.

8 Months later, as I said above, I received the email from USCIS.

Currently I am working with HCL and they are willing to start an H1 Transfer in December with Premium Processing. Another question I have is, will this work?

Please let me know what my options are? Appreciate your help!

Hi @Kav91

Even though the email does not say ‘revocation’ but chances are high that it is indeed a revocation based on what you have told about your employer and project.

“in-house” project stands very high chance of denial at this time.

You can file H1B transfer with a credible employer and you should be able to get it approved.

Thanks for your response.

that’s unfortunate.

The reason I wasn’t sure if transfer would work is because I read one of your responses where you said that once your H1B is revoked, you would have to go through the lottery system again and file a completely new H1.

So, even if my H1 is revoked, my current employer can file for a transfer? Just confirming.

Thanks again.

Hi @Kav91

My answer holds true if the first H1B gets revoked. This is because if USCIS revokes the cap subjected H1B, then all future H1Bs are rendered illegal as you will be deemed to have not been counted in cap.

If this is a revocation of your H1B extension, then you can still file a transfer as the base H1B is not invalidated.