Hi Anil - looking for some advice so would appreciate it if you could share your insights. I had my H1-B Visa interview in Chennai on 20th Nov, 2019 and was denied a visa and issued 221(g).
- Completed my Masters in the US in 2016. From 2016-17 worked for one employer on OPT and switched to current employer (US Big 4 Consulting co.) in 2017; was on STEM OPT from 2017-18
- Employer filed H1-B petition in Apr 2018 and was picked up by lottery so status changed from F1 to H1 in Oct 2018
- In the intervening time between Apr 2018 (when petition was filed) and now, I received a promotion - so title change to Manager (from Senior Consultant) and my salary increased by about 15% vs. the info in petition.
- I’m currently on an internal role (so not deployed at client site) but unfortunately couldn’t get a signed off JD from the company on the current role in time due to delays at the company
- While going through the original I-129, I also saw the client letter that the company gave in the original petition,filed in Apr 2018, was for a project that I was not a part of so not clear why they’d do that
VO: Hello - may I have your passport?
Me: Good morning hands over passport
VO: Client letter and I-797 please
VO: Any intermediate vendors?
VO: So what is your your role on the project?
Me: I’m currently a Strategy Manager. Its an internal role that I’m staffed on for the time being.
VO: So you’re not on this client project
VO: Do you have a document that outlines your current responsibilities?
Me: Unfortunately I couldn’t get it in time for the interview realized this was beginning of the end
VO: Whats your salary
Me: Currrent Salary (which is different from what was in the petition filed almost 1.5 years back)
VO: What course did you complete?
Me: Masters in Ind. Engg.
VO: When did you graduate
Me: Jan 2016
VO: What status were you on
Me: F1 since I had OPT for 1 year (and the eventually STEM extension for 2 more)
VO: Have you ever been out of status?
VO: Married? Spouse status?
Me: Yes - H4
VO: Any children? US Citizen?
Me: Yes child is US Citizen
VO: I’m unable to issue a visa currently. Please respond back with the information requested in this form.
Issued a Blue 221(g) where I’m asked for:
- Description on role on current project
- Information on projects that I will be deployed on for the duration of the petition (till Aug 2021)
- W-2s from last 2 years
While I feel I clearly screwed up by not being fully prepared for this, I wanted to check if anyone has any advice to offer. I’m currently working with my employer to figure out next steps and I understand that replying to the 221(g) is like a black box with no clarity on when it will get resolved (7days -17 months) so wanted to check:
- Any general advice on the situation?
- Any suggestion on having the employer re-file the petition with updated info on title/salary/projects?
- Would re-filing be a better solution i.e. do not respond to 221(g) for now and refile with premium processing or do both in parallel?
Thanks in advance for your help