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H1 visa denied, 221g sent to USCIS for review

Discussion in 'NIV applications in India' started by krutishah2001, Mar 3, 2012.

  1. krutishah2001

    krutishah2001 Junior Member

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    My husband works in EVC model. He is in his 7 year with H1 extension till 2012 sept based on approved LCA. He has pending I140(not approved yet).
    We visited India in Dec 2011 and he was given 221g at the mumbai consulate. On March 2,2012 he recieved email from the consulate that they have sent the petition for review and possible revokation to the USCIS at Kentucky Service Center, quoting the reason as:

    "The beneficiary of the petition is not entitled to the accorded status"

    What does this mean? Is it possible for him to apply for new H1 petition with a different employer?

    He has always maintained his status. Here are the details:

    Labor filed - July 2010
    Labor RFE - Dec 2010
    Labor denial - April 2011
    Labor reconsideration appeal- May 2011
    H1 Extension filed based on 365 days Labor application for Sept 2011 to Sept 2012
    New Labor July 2011
    New Labor approved Sept 2011
    I140 applied based on new Labor Approval Dec 2011

    Can you please explain. Thank you very much, help is very much appreciated.
    Ron, can you please respond to this.
     
  2. Jim Gotcher

    Jim Gotcher Administrator

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    Re: H1 visa denied, 221g sent to USCIS for review

    Unfortunately, this is common these days. What you see here is the Dept of State's way of saying that there was something inconsistent with the petition/interview/documents submitted and they denied the visa and sent it back for revocation. This process can take months and unless he wants to wait, he should either file an amendment of his current H1b which should reflect the current project/client or he can file a new H1b through a new company and again it must accurately reflect the project/client that he will be assigned to.

    regards
    Jim
     
  3. krutishah2001

    krutishah2001 Junior Member

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    Re: H1 visa denied, 221g sent to USCIS for review

    Thank you very much Jim for your response. Considering that he is in his 7th year of H1 and i140 applied but not approved is it possible to file a new H1b through a new company?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: H1 visa denied, 221g sent to USCIS for review

    One the PERM is at least 365 days old, or the I-140 is approved, he may definitely have a new employer file on his behalf.
     
  5. krutishah2001

    krutishah2001 Junior Member

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    Re: H1 visa denied, 221g sent to USCIS for review


    Thank you Ron. We are also trying to think if we can explore any other options. I myself am a software professional with full time regular employment. Both my husband and I went for the family visa interview. I was granted H1 visa and I am in the US currently. I have following questions in this regards:

    1. Is it possible for my spouse to join me on H4. He doesnot intend to work while on H4, however does he need to withdraw his existing H1 petition that is sent to USCIS currently at the time of the interview or he can let it continue its course.
    2. Is it possible for him to file COS to H1 once he is in the US and if his existing H1 petition is reaffirmed/same employer files new petition/if new employer agrees to sponsor him.
    3. Is there a wait period before he can file COS.
    4. Do you see any potential issues when filing COS for the same employer(his current client continues to wait for him).

    I really appreciate your help. You are fantastic Ron/Jim, helping people in tough times.

    Thanks!!
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: H1 visa denied, 221g sent to USCIS for review

    Yes, he can join you as an H4 and if he gets a job offer after he returns, he may apply for change of status to H1B.
     
  7. angle27

    angle27 Junior Member

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    H1b sent to uscis and h4 is in 221g since 4 months

    Hi Ron,

    I went for stamping to Canada on nov 18 2012 and my case was sent back to uscis for possible revocation, on march 2013 the status on uscis changed that uscis has received my application as post decision activity. I went for h4 visa in india hyderabad on Jan 2013, all the question were asked on my h1b but not on h4, VO gave 221g and said that he has no problem on issuing my h4 visa but he wanted to check with canada consulate before that. its been 4 months now still my documents are with the hyderabad consular, what is the possibility of getting my h4 visa? or is there any chance of denials for my h4 also due to h1b? am i supposed to withdraw my h1b before going to h4? now will there be any benefit if i withdraw my h1b?


    Your help is appreciated.


    Thanks
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You can try withdrawing your application in Canada. Tell the visa officer in India that you don't want to proceed with the Canadian application and you want the H4 instead.
     

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