so should I transfer it without waiting for result of my case or not? An attorney may be able to suggest more on this. Please let me know if this is sufficient for the 221(g) requested for project letter. When I came back to India for stamping I had an old client on my H1B petition. Based upon the documents and information you have, you will have to determine who has a better chance. You applied for a B1/B2 visa in 2009 and got approval for 10 years. US Consulates could not open appointments for in-person visa stamping for many applicants due to the social distancing requirements for applicants due to COVID. This was updated in October 2022. Below are the visa types that are eligible for an in-person interview waiver, if they meet the requirements in the next section: You need to meet all of the below 4 conditions to be able to be considered for an in-person interview waiver. Or you suggest to do a H1 transfer to another Employer. Need an urgent reply.i am staying in USA and applying for H4 visa for my wife and kid. Also when i check Consulate CEAC site with my DS160 confirmation number, still it appears Administrative Processing not Denied and the date still appear as my Interview date(there is no update after that).Possible reason might be since the case Id still with USCIS, so I am really confused and want to be sure what to put in DS160 while appearing for H4 interview. It may or may not help everyone, but does make the situation better for a few of them, who are eligible. My currently employer is sponsoring H1B for me now. We will keep this page updated as more info is released by the US Dept of State. Since the embassy is not opened yet. Do we have any possibility to get the case to cleared and go for stamping? Please advice 1)My current employer plans to file L1 visa for me. Thank you for your response. A motion for reconsideration should state some new facts or add documentation that supports the motion, otherwise there wont be any basis for reversing the decision. If you are disagreeing with the denial based on the visa rules, you should include an explanation of why you think the denial was in error. Is my new employer and their attorney correct in any way to suggest me to wait for petition revoke and than file transfer? Step 3: Prospective Workers Outside the United States Apply for Visa and/or Admission. Hi, I need one clarification. This is an example of an H1-B visa stamped in your passport. It means they refused to issue visa to you as it requires additional processing. Once the Form I-129 petition has been approved, the prospective H-1B worker who is outside the United States may apply with the U.S. Department of State (DOS) at a U.S. embassy or consulate abroad for an H-1B visa (if a visa is required). My client has been telling me its not required as we are working remotely. At your request, we reviewed ************* visa record and found that a consular officer refused his visa application under section 221(g) of the INA for administrative processing. S, No, you cannot. However, I am not sure what the downstream impact would be. I have seen instances of both happening, but it is worth the risk. Specialty Occupation Requirements 4.2. I got a 221(g) slip from from chennai consulate, we submitted the documents to the consulate and they gave me additional 221(G) for asking for some more document unfortunately i got released from the project and my employer is ready to submit documents with new project since i got released from the old project. Your H-1 under 221g will continue to be processed, but if this COS gets approved then you can start working for the employer on the basis of COS. This approval notice is required to be shown at the US embassy along with your DS160 form to get a visa stamp. First, the officer that made the original denial will review your record. 4. Also not sure how i can book the H4 appointment for them since my H1B stamping is not yet done. 3. H-1B Rejection Rate 2023 4. The situation of US Visa slots availability has been limited globally, and many are scrambling for visa slots. The findings, published by the National Foundation for American Policy (NFAP) - a policy research organization based in Arlington - revealed that the H1B visa rejection rate had dropped to an impressive 4%. James, When you say COS petition is denied, do you mean H-1 petition approved but COS denied, or H-1 petition + COS denied? Nora, There is no minimum wait time. On Jan 1, 2022, USTravelDocs / CGI Federal Website, which is used to book the US visa appointments, got updated with the new Interview Waiver exception that was announced by the US Dept of State on Dec 23rd, 2021. However, if a new employer is filing cap-exempt H-1 (like H-1 transfer or H-1 extension) for you along w/ COS, then PP option is available. i have a query: i have b1/b2 visa in 2018. During interview i got a green slip of 221(g) on which officer wrote Respond to email and he asked me that he needs some more information and wrote my email address on a paper but i didnt get any email by now and I dont know what to do i had to leave before 15th Feb or else this visa is of no use to me. They must never had any US Visa refusals in the past. What reason to give for visa denial as I m still not aware of the reason. Can you please suggest if other work around I can go after this. Or I cancel and get an interview for us. You may have to change based on what the US dept of state tells later in the year. 5 years the same company agreed to hire me and sponsor me for h1b. H-1 amendment is exempted from the cap. I do meet all the conditions. 2. Was 221g issued in India? IN USCIS tracker, the receipt number is showing as Review status. AP takes somewhere between 1 to 3 Months and sometimes even longer.Most genuine cases gets resolved soon.They might ask you/your employer additional documents within 20-25 days time frame from now.Keep your phone reachable and suggest you to save Hyd Consulates number in your phone.If you have have registered for Do No Call service of your service provider,unsubscribe to it asap.This happened with me where the Consulate was trying to reach out to me but call used to get disconnected and consulate had no other way but to again issue another 221g slip. Divya, It should not impact. Check out 221g Case Tracker for more users cases and information. I dont want to wait and take a chance at the next H1b season. 1. How does Interview Waiver Work in CGI Federal System ? Your H1B petition was denied by USCIS in 2008. (Now im back in India). I stayed everyday by checking my status on the website of the US consular and every day was the same status : Admin proces after 21 days The status changed from Admin process to Refusal or Refused i dont remember yet. Were you able to find answer for this question? However, travel while the H1B petition is pending will result in denial of COS, although the H1B . My kid is under 14. U.S. However still status is My Case Was Received. Hi, I have H1b visa appointment with consulate on 4th April and 8th April. Now this year 2022 my H1b is petition approved. Besides, w/ H-4 EAD, one is eligible to work on H-4 even w/o applying for H-1. i am also a member of the board of director of our company being the ceo of the company in nigeria. What will happen to my undergoing H1 review in case I m quitting my Employer and going back on H4. If they do not reopen the petition, they will forward it to AAO or BIA. They can find out the old denial in a minute.Giving false information on the DS160 application will affect your current visa application negatively. Anyways, if your employer believes that denial was incorrect they can file for MTR, which can take several months to resolve. You must have previously traveled to the US using Electronic System for Travel Authorization (ESTA) before. I am little worried whether i can opt the drop box with entire family or not. I also had a previous B1 rejection issues 214(b) in 2011. is there any chances of getting RFE ? So, do not worry. I got this date before the interview waiver guideline. We are reviewing it, and will notify you by mail when we are done. H-1B Transfer Denied: Top Rejection Reasons and Alternatives - VisaNation Was it accepted / rejected? Fees, Lottery Order? Basically where they live. These employees cannot begin work until their status is approved by the USCIS and after the approved start date on the petition. They added two new questions and re-used previous general interview waiver/dropbox questions to make this new interview waiver rule work. Hi Kumar, I have received NOIR for my previous petition where as current petition is fully approved and valid till next year. Case created 28 augest 2019 Case last updated 28 augest 2019 Status: Refused Im overthinking about this story or case so i cant understand where is the probleme. 1. In addition, USCIS has the discretionary authority to accept and consider untimely motions under certain circumstances as explained in the form instructions and permitted by regulation. can I transfer now? I currently have a B2 visa and need to travel to the US with my kids below 14years for a program. As of March 25, 2022 Is it true that 80% of the H1B change of status Dropbox appointments at US Consulates in India for first time H1B stamping, being called for in-person interviews(for 3rd party worksite location under EVC Model)? The user sent documents on 25th Jan, 2023 and received the below on March 30th, 2023. In my DS160 I have mentioned my H1b details which is valid till 2022. I had my H1b interview through BEP quota. We mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER. : Make a motion for reconsideration with the office that made the original decision. This page was not helpful because the content: Immigration Relief in Emergencies or Unforeseen Circumstances, HQ 70/6.2.8 (AD 10-24), Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements (Reference AFM Chapter 31.3(g)(16)), issued, Jan. 8, 2010; and. US Visa Renewals using Dropbox 48 Months Rule, Latest News Updates: New Interview Waiver Implementation, Slots, Latest News Updates: New Interview Waiver Implementation, Slots, Travel to USA Processes, Samples, How to Guides, 48 months US Visa dropbox eligibility rule, US Consulates Visa Slots Situation in India, administrative processing refusal like 221g, Clearance Received or Department Authorization, Step by Step Guide to H1B Dropbox Stamping, US Port of Entry (POE) Abu Dhabi Experience for Parents Key Lesson. The US Department of State made a significant announcement in late December 2021 that eased many visa stamping issues for many non-immigrant visa holders. I am really scared. So my question is it is waiver for my-self and my dependents too. i-130 is an immigrant petition sent to USCIS for a family-based Green card. I was selected in H1B 2015 Lottery and my petition was approved and I also got stamped in Feb 2016.Later my sponsor got in to some legal trouble and the consulate Revoked my Visa and logged my Status in Admin Processing. This is the new change that is added. On 28 augest 2019 , i reapplyed for a second time for US visa B2. Please help me as its been 6 months n I am stuck in India without my family. Please help me with my problem. 4. I got stamping till 2021. Depending on how it goes, you may have to change later. Did your most recent application result in you being issued the visa what this means in visa waver program? There is no need to worry if the denial reason was legitimate. Hi Saurabh, Thanks for all the nice work you do. But what if the consulate will question about my intention to work after entering US. what will be the impact if my NOIR petition get revoked after I join new employer. Is anyone facing the same issue? Can anyone suggest how long my H1b is valid to transfer or extend or I can use my H1b. now there is a dropbox eligible question as below while filling: Did your most recent application result in you being issued the visa what does this means and if y select YES what is means and if NO means waht? There is a fee to file an appeal, and your notice of denial will tell you the amount of the fee. cdp, The eligibility is for you as individual, your spouse status does not matter. raj, Sorry to hear on your situation. I have received a 221g and then my client couldnt wait anymore after 2 months and they released me from the project and since my contract ended, my visa was denied. the attorney who filled the case inquire about my case and thats what they get in response. Rakesh, No, you will not be. Chances of this happening varies from case to case. You can write a letter to consulate telling that you are withdrawing your stamping request and they can close the 221g case. The wait can be long and frustrating. Your email address will not be published. I went for stamping in 2018. You applied for a B1/B2 visa in 2009 and got approval for 10 years. Answer (1 of 3): It's probable but I haven't seen petitions get rejected after being selected in the lottery. They can also do background verification in certain scenarios like common muslim name, TAL etc. 3. How to Appeal a Denial of an H1B Visa Petition - H1B Help Required fields are marked *. I attended the h1b intrvw in karachi n got 221g refusal doc, VO returned my passpt n said we need further admin processing n it will take time n once it is conpleted we will inform u & u have to come again for stamping meanwhile VO asked many questions ie education, experince, client n it was abt 15 mins VO kept client letters and i129 while returned all the documents do I have any realistic chance now? In the below case, all the documents were submitted after H1B Visa interview and then after a couple of months, the user was given the below. Best regards. JJ, When you answer the questions, it will ask about the most recent visa issuance. it is your discretion. "The denial rate for new H-1B petitions for initial employment in FY 2021 dropped to 4%, far lower than the denial rate of 24% in FY 2018, 21% in FY 2019 and 13% in FY 2020," according to a new. 1. Thanks in advance. Can u guide me as to where we are heading to? You should review all of this information after each H-1B approval. As part of the ds-160 form filling, you should answer NO to the question have you ever refused us a visa as your H1B petition was denied and not a US H1B visa. However, you already have 221g pending. Canada H1B Open Work Permit Process, Documents, GUIDE, What is H1B Registration Process? Evidence of Petition Approval Needed When Traveling. If your petition for a new H1B visa (or transfer) has been denied there are specific steps that you can take to appeal. Try the questionnaire, you will get clarity. Last week new company responded back to queries. Below is how it works in the CGI Federal website booking system. Did you apply for H4 visa? Also they do not have any apparent ineligiblity or potential in-eligiblity on their application ( this is not fully clear what they mean). Petitioners who received an adverse decision on an H-1B petition based on the now-rescinded policy memoranda should consider whether there is time remaining in the validity period requested on the previously filed H-1B petition and the relevant labor condition application. 4. Many attorneys says, petition will be cap exempt as long as I have a I797 copy with me. He told me they can deny me visa only if I did something wrong here like felony or something like that. When you apply for a US Visa interview, sometimes the consulate would ask you to submit more information and issue something called a 221(g) form or slip that says Administrative Processing. Can anyone please help me out whats going on and any idea about how long its going to take, I have the exact similar situation now . I would suggest talking to an attorney about it. Does this mean I am eligible for the waiver or not? You need to have a petition approved by US Citizenship and Immigration Services(USCIS). Similar time limits apply if you want to make a motion for reconsideration to the office that sent the denial. If this the first time your wife and kid are going for US visa (any type), then most likely they are NOT qualified for interview waiver. However, irrespective of when you appear for stamping again, I dont think the underlying reason for rejection will change. This can take from 3 to 6 months, so if the denial was for an H1B transfer you should keep your original job until you know the outcome of your appeal. can I travel on older valid H1B Visa, if new H1B visa stamping is rejected 4. Is there any chances of rejection of H1 visa, since this will be my second travel to US on B1. Were you able to reappeal and get H1 approved ? hi, kumar I was h4 visa and my primary applicant on h1b had 221g refusal in 2018. now I am h1b holder so, am I eligible for dropbox ? U.S. Please please let me know how it went. employer profile -> If its a big reputed employer, then it should be fine. December 28th, 2021: Below are the latest update on the implementation of the new interview waiver rule : December 23rd, 2021: This is up to the US Consulates and Embassies on how they will implement this new interview waiver rule. If you had an, You must be a citizen of VWP designated country as per the US Dept of State. On February 17, 2016, the Department of State sent us your case, for review. Not sure why I have received the of-194 stating there is no Qualifying employment for beneficiary. This article covers all the details related to the same. You are eligible for an interview waiver, even if it is your first-time visa stamping based on a first-time petition filed by an employer in the US if you meet the below conditions. Review our. Also, it is a well traveled path for applicants to enter on H-4 and then move to H-1, F1 etc. As per the below letter, based on the documents that the applicant submitted for their H1B, they believe that the employer in the US is not able to justify that there is a real job for the applicant. Do you know if your previous employer asked for withdrawal? If my Employer is withdrawing my case or petition after I resign, will my petition still be valid/Cap exempt to reuse in future. Example:1. You visited the USA multiple times using a B1/B2 visa. But since it was new company they couldnt afford me for h1b. There are no apparent ineligibility or potential ineligibility aspects on the application ( This is not clearly defined by them). Q26. FirstTime Stamper, Usually no, unless there was fraud. FY 2023 H-1B Cap Season Updates | USCIS Is there any chance that my visa will get rejected? 3. Advice me? H1B Transfer/Extension Rejected New H1B Consular processing Will i be able to file an amendment once i get a project or do i have to file under the new quota? I am not so sure as USCIS has revoked the petition on the basis of consulates guidance, which implies that petition should never have been approved in first place. But now I got Denail Notice for my petition. 1. In that case, you can submit a job description or letter from the employer with more detail about your job duties. The drop represents a significant rise in H1B visa approval rates. She smilled and answering the question just for the touriste purpose , the consular ask again where will you stay in the US ? Save my name, email, and website in this browser for the next time I comment. Krish, If your underlying petition is revoked, your transfer and entire H1B will become invalid. In the past, when we had the 48-month dropbox rule that was announced, it took about a week for the USTravelDocs ( CGI Federal System) to be updated to reflect the announcement. There is no SLA. Check with your attorney, before you proceed. US Visa Interview Waived for certain H1B, L1, H4: GUIDE, Background US Consulates Limited Operations, Visa Slots Issues, US Visa Interview Waived for certain H1B, H4, L1, Other Work Visas, Interview Waivers for certain F, M, J visa Applicants. Citizenship and Immigration Services today announced it may reopen and/or reconsider adverse decisions on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos. But after 1. Section 212(a)(6)(c)(1) Which provides that an alien who seeks to procure, or has sought to procure, or has procured a visa, other documentation, or entry into the United States or other benefit provided under the INA by fraud or willfully misrepresenting a material fact at any time shall be ineligible for a visa. Now my new employer was preparing to file my H1 transfer and in mean time I got 0F-194.I informed them immediately about this and now the employer says our attorney suggested us to wait till the old petition gets revoked and case gets closed by USCIS its only than they will file petition for transfer else it will be threat filling.They told they cant do much with my petition except to use it as cap-exempt. If your complaint seems valid, they will reopen your petition. Also a lawyer who did my paper for h1 told me that he will prepare my documents to go back to my country and he told me that there is very low chance of visa denial. The US Dept of State after working with the Department of Homeland Security (DHS) has given the authority to US Consular Officers to waive in-person visa interviews for certain temporary work visa applicants if they meet certain criteria as listed below. This can be submitted in the form of a brief. RedBus2US.com 2010 - 2023, All Rights Reserved. I requested my old petitioner to voluntarily revoke/withdraw my petition for 2 reasons.One is that anyhow my petition getting expired on 30th September 2016 and they will not file extension and another reason being post voluntary withdraw my new employer could file my H1 transfer asap.Am I doing right here?.My old petitioner agreed to withdraw and will start process in few days from now.Should I allow them to proceed and withdraw?.Will it have any bad impact on my transfer petition later. Deepti S, This is a unique situation, please write to consulate. Today after almost 5 Months I got OF-194 Refusal Worksheet and Now My nightmares are haunting me back.While the process with new sponsor related to H1 transfer was in progress,I told them about my OF-194 Refusal letter and Now they are saying that Attorney suggested us to hold filling untill your previous petition gets revoked and that their cannot be 2 petitions filed for same Lottery selection.If we file it will be threat filling. Premium processing for all other cap-subject H-1B petitions will begin in June 2019, at the earliest.