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Immigration Issues/3 yrs of no response to 221g for H1B

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Question
Hi, I attended H1B Visa interview at Chennai(India) consulate in the month of Jan 2008. VO gave me 221g and asked me to submit Market analysis document for the product on which I'm going to work. Though I informed this to my employer, he didn't submitted me those documents and hence didn't responded to the 221g query.

Now, my company has applied for L1B Blanket and has to go to the consulate again. I'm worried as I didn't responded to the 221g, it will have adverse effect on my L1B via. Also I don't know what happened to that H1B petition. Should I consider that my H1B is rejected or expired?

Answer
Hi,

You can safely assume that the visa stamping application was denied. However, this was based on inability to produce company documentation, which is not ultimately in your control.

If the 221g was about, for example, additional personal documents corroborating your degree or employment experience, then not producing any additional evidence would be detrimental to future appointments at the Consulate for visa stamping.

There should be no problem in being eligible for a visa stamp for another case.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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