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Immigration Issues/221g and h1b transfer


Hello Mr. Ajay,

First I would like thank you for this volunteer work.

I came in US on F1 converted to OPT to H1B. I got my renewal in Apr 2013 and doesn't expire till Apr 2015 (EV Model). I came to india for first stamping in Jun 13 and was given white 221g without looking at my documents. I submitted everything at embassy and hasn't got any response yet since 2 months. I am getting out of options here where still paying my utility,car and other bills in United States where get paid nothing.

1. I am planning to apply for new H1B (new employer) meanwhile my 221G is still pending. I believe I am cap exempt right?

2. Getting offers where its EVC model, how fair my chances are getting new H1B?

3. How can I request consulate to come and wind up my stuff in USA until my 221g is still in admin process?

4. Any suggestions, advice or things to take care from you will be appreciated...

Dear Chris:
As per info provided by you, it seems that the consulate has sent your case for verification (most of EVC H1b's are verified.)  Your case may be processed within 4/6 months. However, if you apply for a new:
1) Cap exempt depends on category.
2) Fair enough but you may have to withdraw the first; however, be-aware - the new case may also get 221G for verification.
3) You can make a request by showing your assets and that there is no-one who could do it for you.

Best wishes,  

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Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.


Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

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LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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