221g Yellow slip issued for h1B stamping, Amendment pending - Passport Returned

Hi anil,

Can you help me with my question.

My husband got 221g with yellow slip (passport returned).
Before he was going to stamping, he filed amendment for client location change. He got RFE for that and he submitted required document and he went India for stamping, but he got again RFE.

He went for stamping and he got 221g to submit extra documents.
will it be any problem for his H1 B visa? Please let me know if anyone having same case. Is there any alternatives?

Please let me know

What extra documents have been submitted?

Did your husband start working as per amendment or was waiting for amendment approval?

Which i797 did he use for H1b stamping? The old one of new amendment?

Hi Anil,

Attached slip which he received on visa interview.

He is India right now. He is waiting for 221g decision.

As of I remember he used amendment i797 number.

Why anil. Will it be any problem if we use new one??

Please let me know

You should apply for H1B visa stamping only with an approved H1B i797 and not the pending one.

I always suggest people to be extra cautious as US embassy will not approve visa stamp if the amendment is pending. They can only approve visa based on an approved i797.

Now, your husband has no option but to submit the requested documents.

The waiting time can be more than 8 weeks in these kind of cases.

Hi Anil

I have a question

If we apply with approved i797, in case, if we get same 221g, if they ask for end client letter. That time we will be in more trouble right.

He is no more working with old client. LCA also from new client location.

That is the reason why we put amendment receipt number.

Please let me know

Regards

Mahi

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If that was the case, you should have upgraded your application to premium and got approval first.

You should upgrade now to premium and then the process may move faster.

Hi Anil,

Thanks for helping me.

My husband’s employer is decided to withdraw amendment which got RFE.

Will it be any problem for his existing h1b.

His H1B approval valid till September 2021.

Please let me know

Regards

Mahi

Hi @mahi_m

I don’t understand what you are trying to do now. If the amendment will be withdrawn, what will you do with your pending H1B visa application?

Will you file a new H1B visa application using existing approved h1B number? What’s your plan?

Hi Anil,

Actually my husband’s project is ended in this month.

So to respond amendment RFE they are not giving required documents.

If we didn’t submit documents for RFE, it will get rejected/denied. instead of that,if we withdraw this amendment RFE.

His employer decided to show in-house project. They want to prepare documents related to new in-house project.

His employer said that, for 221g they may ask to come for an interview or he will get an email saying that provide necessary documents.

His attorney suggested this according to his experience.

Will it be right step anil??

Thanks for your patience.

Regards

Mahi

Well, if you cannot show an approved h1B, then i am afraid that things are going in the wrong direction.

Is the current approved H1B that you have (not the amendment) is for in-house project? Which project was mentioned in that H1B?

Will the employer file a new H1B amendment showing in-house project? And then, you will file a new H1B visa application? Or will you share the in-house project details when US embassy will ask you to submit documents?

He got his H1 on in-house project.

Sure, I will send documents to you before we submit it.

Regards

Mahi

@mahi_m did your husbands h1 got approved?

thanks.