H1B 221g Case sent back to USCIS - 10 month over no update

Hello,

My H1B 221g case is pending from last 10 months but no result, case still under administrative processing, also Mumbai US embassy sent my case back to USCIS for review or possible revocation.

Three month back (7th May 2019) I have received an email from US Consulate Mumbai that on 7th May 2019 my case has been sent back to USCIS for review or possible revocation.

Since I received this letter I didn’t hear back anything from USCIS. Please advise the possible outcome.

Some major points need to know:

  1. First H1b approved in 2013 lottery then travelled to USA in Jan 2014.

  2. My first Petitioner was one of big Indian IT company

  3. Travelled back to India on vacation in Oct 2015 and went for stamping successfully no issues faced and returned back to USA by Nov 2015.

  4. Switched company (small company 200+ employee only) in Sep 2017 and transfer approved by USCIS till 31 Dec 2018

  5. Travelled back to India on vacation in Oct 2018 and went for stamping and received 221g

  6. By Nov 2018 (while I am in India on vacation ) my small company acquired by a big Indian IT company then we become employee of new company.

  7. Till 31st Dec 2018 I didn’t receive any update on my 221g then my new company filed my extension on 24th Dec 2018 which is approved by 23rd Jan 2019 within 1 month surprisingly without any premium processing.

  8. Then I shared approved petition with US embassy and they called me again for interview with new approved petition then on 15th Feb 2019 I attended interview and same officer took my interview (visa officer asked me basic questions and asked me that you changed your employer then I said no its a company merger and my role/responsibility and salary would be remain same. That’s it) then visa officer gave me another 221g blue slip and said we don’t need any document from you or from your employer we just need do some processing from our end which will not take more than 2 week and we will drop you an email for passport submission. thank you.

Looking for your valuable inputs on my case.

Also please advise if I can apply for L1A/B while my H1b case in under 221g.

Thank you,

Hi @Vips

Sorry to hear about your situation. But, these kind of cases of NOIR (Notice of intent to revoke) are getting common.

I have written about the USCIS issuing NOIR at very high rate here yesterday:

US Embassy Sends H1B NOIR request to USCIS

Unfortunately, you cannot change the visa officer’s decision in this case.

The normal process is that US visa officer who took your interview will send his opinion about your case to USCIS. Now, USCIS will take a re-look at your H1B petition and will re-adjudicate your case based on the information provided by US embassy officer.

USCIS may revoke your H1B if they think that US visa officer has presented some new proofs which may make you in-eligible for H1B visa. USCIS may also decide against the US embassy officer and re-instate your H1B.

Both are possible but chances of revocation are higher.

File L1A or L1B

You can file L1A or L1B while your H1B case is under 221g but chances of approval will be low.

L1A and B are even more difficult to get than H1B at this time. If you can get the paperwork for L1A or B correct, then you may get it.

Thank you Anil for your Input and advise…

But I am really wonder why my case fall in such situation I came to USA from a big reputed Indian company and USA client also holding a big name and I am dam sure my paper work was flawless.

Is there any law that I have to be in India for 1 year at least to file L1A/B visa even my H1b is not complete the 6 year timeframe in USA.

As you mention above in your reply that I can file L1A/B while my H1B case is under 221g but chances of approval will be low so my question is chances is low due to existing 221g or current situation.

I have total 14+ year IT exp. with Master degree in Computer Science and holding Sr.Manger role in company.

Please advise.

Regards
Vips

Hi @Vips

The law is about total time spent in US on either H1B ot L visa which is 6 years.

You are fine on that front.

The L1A visa has strict eligibility requirement which os to have managerial experience. I said that chances are low because your H1B paperwork and L1A visa paperwork may have conflicts.