Re: h1b Petition returned to USCIS, no status change for past 5 months

At one point last year the CSC, which handles about half of all H1B petitions, reported that the Department of State had returned more than 10,000 H1B petitions. That is a huge backlog. While many of those cases are simply turned around and reaffirmed immediately, others require the issuance of notices of intent to revoke and then review of the materials returned. We are seeing an average turnaround of about five months on cases that are not summarily reaffirmed.

Re: h1b Petition returned to USCIS, no status change for past 5 months

Thanks Ron for your time and a quick turnaround. There are a few more questions and some workarounds (if possible). Could you please suggest the best route?

Q1 Can you please help me understand under what circumstances does the consulate mention the reason "the beneficiary (me) is not entitled to the accorded status" on the letter informing the case sent back to USCIS?

Q2 Should we assume that since my case not was reaffirmed immediately there is some material issue with it? Assuming this was due to some personal issues related to the education/work experience etc, then how did I get my first H1B and even the renewal and transfer without any issues on the same set of docs? Moreover they did not request any such documentation like college degrees/ certifications/experience letters on the 221g

Workarounds:
1 Wait for the current case to be adjudicated

2 Can I request my employer to file a cap-exempt H1B for me? More so because I have to search for a new project as is, so attempting a stamping (assuming the case is reaffirmed) on the current set of papers would be a risk

3 Is transfer of my H1B to a new employer under the current state? I did get a few offers from US companies but as soon as the hear that my case is in 221g, they shy away, is there anything that I can do to persuade them to transfer the current H1?

4 I did read on the same forum, that you suggested someone with not going the B1 route but wished to confirm - I do have a valid B1, for most the companies mentioned in point 3 above want me to be in the US. Can I get in the US on a B1, request a VISA transfer of my current H1 and then attempt a stamping on the new set of papers outside the US for a stamping?

Thanks Ron for being patient reading and answering me. It's been of great Help!

Regards
nj

Re: h1b Petition returned to USCIS, no status change for past 5 months

The next person who understands the legal, rational basis visa officers in India use to make these kinds of determinations will be the first to do so. The short answer is that Senator Grassley has bullied the State Department into cracking down on Indian H1B visa applications, whether they deserve it or not. As for what you can do, unfortunately, there isn't much. Waiting is about the only remedy available to you.

Re: h1b Petition returned to USCIS, no status change for past 5 months

Thanks Ron. I have requested the senator from my state to see if she can get me the actual reason for the denial and if she help expedite the processing. Hopefully she would be able to provide some help.
A couple of questions for you, if you could help me with
1. Its been nearly 9 months since I am in India, by when will I stay in the non-cap quota?

2. Is there any service which I am contract with and they can help me sell my belongings including the car in the US when I am still here...maybe am incorrect Q on this forum but just-in-case :(

Regards
nj

Re: h1b Petition returned to USCIS, no status change for past 5 months

If you remain outside the U.S. more than a year beyond the expiration date of your petition, you will be subject to the new cap. You have my deepest sympathy for the ordeal that you are going through. You got caught up in a political fight and, unfortunately, are suffering the consequences for nothing that you did wrong.

Re: h1b Petition returned to USCIS, no status change for past 5 months

Dear Ron,

I am at extreme confused situation, My petition was reaffirmed and i reinterviewed on June 29, 2012. Consular asked same questions and later she asked me to submit my roles and responsiblity, LCA, Original I797, My RFE from my lawyer and passport. Today i received a email that i will receive my passport in 48 hours. By any chance do you know what are the chances if its approved.

Thanks for your help,
-Rudy

Re: h1b Petition returned to USCIS, no status change for past 5 months

Dear Ron,
I would like to share my experience as well. I was on H1B since November 2006. Last year in January I came to india for a visit especially for my son's baptism,
I was carrying all the papers from my employer and was working in EVC model. Employer was aware about E-E memo so he was prepared to defend with paperwork .
I was handed out 221g with insult by a lady. I submitted all the papers but in vain ,Company attorney contacted with all required papers to prove that it was a legit H1B visa application and visa should be issued. Petition was sent back anyway and NOIR was issued. My client waited for me for 3 months and my contract got terminated. NOIR was full of accusations and employer withdrew h1b visa application. My I 140 was approved and PD was current . we requested AC140 to Consulate. They never responded. And wait its not over. I secured 2 jobs with new H1B. I appeared for interview at different consulate for full time offer. Guess what another 221g in September 2011. Employer and attorney contacted the post but in vain . They sent a letter stating that petition will be sent back for review. After 3 months we contacted CIS and DOS . DOS said that we have sent it back to USCIS. waited another 3 months but no change in status . Asked my congressman to figure out about petition returned diplomatic pouch number, I also sent an email to consulate general , No response. Congressman figured that after 8 months in May 2012 that petition was never returned to USCIS. Its been 2 months since May 2012 still KCC does not have petition . Congressman is on top of it . but he also knows that something fishy is going on. My family and I had suffered a lot. I hope my ordeal gets over soon