H1B visa amendment pending stamping Interview 221 g Form

Hi Anil,

I have filed my relocation amendment on last Nov 2018 then got RFE for that amendment in beginning of March 2019 and as of now it is not yet filed, hopefully it will get file this week. End of March 2019 I got my H1B visa extension petition has been approved. then we came to India for stamping the H1B visa. On 6thMay2019 we dropped passports for stamping in drop box, but we got 221g blue slip with out stamping in passport on 14thMay2019 and marked the option to come for an interview, we went for an interview on 16thMay2019, there VO got my client letter and marked a date over there, kept with them and given another 221 g blue form by marked the option" your application is refused for “Administrative processing”. The application will be reconsidered when administrative processing is complete" and returned our passports as well, said swiftly you will be getting response from us and nothing required from you and you all are good today. Also she gave “Know your rights” booklet to my wife as well.

In CEAC Website,

Case created date is 8th May 2019
Case Last updated date is 16th May 2019 (Interview attended date)
as of now no further updates and it been already 12 days over after we attended the interview,

So now how long it will take to get a further updates from them to drop our passports for stamping ? (or) what is the next update will come from them ? Is this because of my relocation amendment RFE is still yet to file, so that gave 221 g, once my relocation amendment RFE is getting filed, then I will be getting an email to drop of my passport for stamping ? please clarify…

Thanks,

Hi @SPG

I am afraid that you may have to wait longer than usual as your passports have been returned. It normally takes about 6 to 8 weeks in such cases.

Nothing can be said about the reason for form 221g issuance as US embassy does not share the reason.

I can only try to understand if you tell the questions asked from you in your Visa interview.
Also, what has been requested by USCIS in your H1B Amendment RFE?

Hi Anil,

Thank you for the updates.

During Interview VO officer asked “Petitioner name, client name, when I started working from that client, before that client which client I was working, W2 form, pay slips and which state I am currently there”, I have answered all her questions and shown all the docs which ever she asked. finally she asked client letter from me, I have given to her and she was checking and kept a sticky note and wrote some date over there and went inside and spoke to another officer and given that client letter to that officer, came to us stating “keeping your case is “Administrative processing” and gave the 221g form again , marked the option in that form " your application is refused for “Administrative processing”. The application will be reconsidered when administrative processing is complete”.

I am not sure in amendment RFE what is requested by USCIS since my company doesn’t shared with me exact docs details. All general docs only they asked me to upload. One new document is Client Letter which we got it from client and uploaded to file amendment RFE.

Thanks,

As per your description, it seems that US embassy is also waiting for your Amendment result from USCIS. I am just guessing as they asked for client letter and then had doubts on it.

Assuming you submitted the new client letter for which you have a pending H1B Amendment, you should be able to get your visa stamp once US embassy gets a favorable response from USCIS.

Hi Anil,

Thank you for the updates on my queries.

Yes I have submitted the new\latest client letter to VO during the interview and the same client letter is there in RFE filing which my company going to file today.

Will US Embassy wait for my altogether “H1B Relocation Amendment” result after filing RFE and then only they revert to me for stamping?

(Or)

Once RFE filed itself and they will cross check the client letter and revert to me for stamping ?

Thanks,

The main thing to understand is that US embassy cannot give you visa based on pending H1B amendment.

I am pretty sure that US embassy visa officer was expecting the client letter from your approved H1B petition as that was the one you were using to apply for visa stamp.

I have a strong feeling that visa officer had doubts as the client letter you gave her did not match the approved H1B petition.

It is upto US embassy to wait for amendment approval or not. I cannot say as to what they will do.

You can upgrade your H1B amendment to get result within 15 days.

Hi Anil,

I am pretty sure, My Approved H1B visa Extension petition doesn’t has any client letter. Only my relocation amendment RFE requires Client letter and I got it from my client and submitted the same to our RFE team. Also in DS160 which I have filled for this extention stamping the mentioned petition number is my relocation amendment petition number which is the latest petition and yet to get the result, thats what now there in RFE filing status.

Yes after today’s RFE filing, I will be upgrading the my amendment petition into premium to get know the result quick.

Thanks,

Ok…i think you made a mistake there while filling DS160.

You can only request a visa stamping using an approved H1B petition and not a pending one.

Hi Anil,

Per update and guidance from my company only I have updated the whichever the latest petition (which is Relocation Amendment Petition) in DS160.

Being in DS160 with the relocation amendment petition number, So now what would be the result can we expect… Once my Amendment got approved, then it will go through for stamping ?

I am not sure what the US embassy will do.

What i know is that embassy does not give visa stamp based on pending H1B application.