221g pending-Department of State Sent Case to USCIS For Review; what does it mean?

USA
1

Hello,

I attended visa interview for h1b stamping in feb-2019 got 221g white slip checked with Administrative processing no documents asked.

I checked my visa status in USCIS shows as (Department of State Sent Case to USCIS For Review) updated on August 30th-2019 but my petition expiration date was Sept 30th-2019.

Till no update from the USCIS and embassy .

Could anyone tell me what it mean Department of State Sent Case to USCIS For Review and what is the next step going to be happened.

This is my first H1b (2017 cap approved on In-house) from F1.

Thank you

2

Hi @anjan1234

I do not want to scare you but chances are high that embassy sent your case back to USCIS for revocation.

Generally, if they send it to USCIS for review, it means that they want USCIS to relook at your eligibility for H1B.

USCIS may agree with US embassy’s decision and may revoke your H1B or may decide to keep your H1B intact. It depends on your specific case.

3

Thanks for your reply,

What if USCIS revokes my petition, Am i still counted in Cap?

4

If they revoke your first lottery selected h1B, then you won’t be considered counted.

You will have to apply for new H1B in lottery again.

5

I worked in the US on First H1b Oct-2017 to feb-2019 even though its not counted in the cap? If USCIS revokes.

During the first H1b in 221g admin processing I transfered my petition to another employer (earlier June2019 )it got approved and attended interview on June-2019 again they gave me 221g asked to submit required documents. I submitted couple of days after the inteview. Till now no update from the consulate.
Can i withdraw first h1b? because it expired in sept 2019 and Department of State Sent Case to USCIS For Review

6

You cannot really stop it now as US embassy has already sent it to USCIS.

I don’t think withdrawing would help.

I suggest to speak to your Employer’s attorney to think of a plan.

7

Thank you so much for your reply,
I will talk to my employer and attorney.