H-1B approved petition sent back to USCIS for review and possible revocation by Embassy

USA H1B
1

I came to india and attended the H1B visa interview 5 months back and got 221g with admin processing option ticked.

Recently i got a mail from consulate stating that my H1B Petition is sent back to USCIS for review and possible revocation.

My petition is valid from 01Oct 2018 to 30 Sep.2021.

How long does USCIS takes to take a decision on my petition.
Meanwhile can i do anything?

What are my best possible options.

Could you please help me on this?

2

What is the reason given by embassy for sending it to USCIS for revocation?

What happened in your interview?

Did you give any conflicting answers about your H1B Employer?

Is your Employer a consulting company? If yes, how many employees does it have?

3

I am working as a Full Time Employee. We are MEP Engineers dealing with Government Projects. My company is relatively small company with 6 Full time Engineers.

Please find attached letter which i got from embassy.

form-221g-refusal-h1b
form-221g-refusal-h1b.png1442Ă—540 46.8 KB

I would like to know the approx. timeline for this process and I also would like to know the other options available for me meanwhile they are reviewing my case.

Thank you so much.

4

It seems like what you told in your interview does not match with what was written in your H1B application.

Do you recall what all questions were asked and what was contradictory?
Unless you know what caused the issue, it is not possible to fix it.

5

I don’t remember exactly.

But could you please help me to answer below questions.

  1. While they are reviewing my petition again, can i file cap exempt h-1b with SAME or DIFFERENT employee?
  2. In worst case, if they revoke my petition, then can i file cap exempt with same employer? or do i need to go again for lottery process?

Your guidance will be appreciated.

Thank you.

6

Is this your first H1B selected in cap subject lottery?

7

Yes. This is my first h-1B. Approval from October 2018 to Sept,2021.

8

If this is your first H1b, then unfortunately, you will have to file a new cap subject lottery H1B again if this one is revoked.

9

Anil,

May i Transfer my H-1b to another employer while USCIS reviewing my petition nowadays?
Thank you.

10

You can try filing a new H1B transfer but ultimately the transfer will also be denied if the base H1B itself is denied.

11

Then what are the possible options for me now?

Thank you.

12

As I already said, if this is your first H1B selected in lottery, you are out of luck.

You will have to apply for new H1B next year in April to get an entirely new H1B.

13

Hi , I am in similar situation…
Is there any update for you ?

14

not yet. It’s been more than 9 month from my visa interview date.

How about you?

15

We after reinterview on 26 th August nothing is updated or emailed.

1 Like
16

Hi Anil,

What if my Employer is a consulting company? Would this impact my H1b visa renewal?

17

Yes, it can affect anyone. Infact, chances of denial are higher for consulting company.

But, nobody can estimate or guess what will happen to any one specific case.

18

Visa issue or denied? I am stuck in similar processing last 18 month in 221g administration processing (sd-2 visa Ceregory)