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Help Needed: 221g Case returned to USCIS

Discussion in 'TCN NIV applications in Canada' started by DonShady, Jan 9, 2013.

  1. DonShady

    DonShady Junior Member

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    Hi Ron,

    Firstly, I would like to appreciate the fact that you are helping out almost every individual in this form.


    I am in a common situation i guess.

    I work in EVC model(Employer-Vendor-Client)
    I appeared for interview in Ottawa and got a 221g for further review. (I didnt have a client letter)

    My client manager was contacted with the standard questionare from the consulate. He forwarded the questions to the Vendor by attaching a client letter provided by the legal department and asked them to respond which they did.

    When my company filed the petition, I was working for the same client but through a different vendor.

    After 3 stressful weeks the embassy has called to get back and when I went there only to get a notice saying that they are giving me a 221G suspension and sending my case back to USCIS.

    I am still in Canada working from home, which I have not clue how long the client will allow.


    I am trying to see what would be my best(and fastest) option.

    From what I understood, it looks like to continue on this petition it might take a minimum of 4 months of struggle and there is no guarantee that the client would wait till then.

    Should I just file a new H1 petition with the same employer. Even if I get this approved, would the previous interview experience/petition follow me like a ghost when I appear for an interview again .

    I am thinking of filing a new petition with the same employer under premium processing(hoping my employer would agree for the same) and going to a different consulate.

    My Employer has been in a good standing, never troubled me or did any fraud that I am aware of. I am really happy with them.

    My client is a SUPER BIG/FAMOUS company in the silicon valley.

    Please suggest
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Help Needed: 221g Case returned to USCIS

    Your employer needs to go to their congressman and make a big stink out of this. The State Department has essentially labeled them as a fraud. The employer should complain loud and long and demand an apology.
     
  3. DonShady

    DonShady Junior Member

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    Re: Help Needed: 221g Case returned to USCIS


    Thanks a lot for your response Ron.

    I spoke to my employer, and their attorney response was just to 'wait and see' while agreeing to the fact that this could take long time. This is probably the right thing to do. But if this takes forever and my client is not patient enough to wait that long, I am worried that I would lose my contract which would make things dirty even if they approve the petition and issue my visa.

    I have spoken about my issue with both my employer and my preferred vendor. We have come to an understanding that i should move to my preferred vendor's company.

    I thought this was a good option as the PV does come onsite at the client's location for supervision. Although the Client Manager is the one who assigns work to me.

    Would you suggest that this would be a better option in my case? Should this be considered a H1B transfer or a brand new H1B

    Also, can I do this while I stay in Canada.

    Thanks a lot Ron, I appreciate your service to the people here
     

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