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Immigration Issues/H1B - petition returned to INS


QUESTION: I am a software professional working in Dubai, UAE. I have a query regarding an old H1B petition of mine. In 2000 May second week, I went for interview at Mumbai consulate for H1B stamping(I was working in India during that time). My employer's guidance to me was insufficient as it appeared - some docs were missing etc. After 2 interviews, they gave me the form with 221(g), on which was written "Petition retuned to INS". When I asked, the consular officer said I could contact INS if I needed further info. I presumed my visa was rejected and that was the end of the job offer. Recently I happened to check the status of my case online and found out that the status is as follows:

Case # EAC0010052128
Status: USCIS mailed you a notice that USCIS have approved this I129 Petition for a Nonimmigrant Worker on May 3, 2000.   
(It was by the middle of May 2000 that I started my process of going for stamping at consulate)

My queries:
1) Does this mean my visa was rejected? If yes, when could I have applied again for the same petition?

2) Does this case have still validity?

3) If I apply for another job/H1B  now, will this have any significance?

Kindly reply.

Thank you very much for your service!


Answers to your questions are 1) Your visa was not rejected.
2) The case will not be valid since the H-1B was only valid for a 3 year period at the maximum.
3) You can apply for another H-1B. There should be no negative implications based on your previous application.

Ramasamy Krishnan
Ashley & Krishnan
9801 Westheimer
Suite 302
Houston, TX 77042

---------- FOLLOW-UP ----------

QUESTION: Dear Mr. Krishnan,

Thank you for the great service. I have got a bit more points to be clarified:

1) What does it mean by "Petition returned to INS"? Having my petition with them, how could I have proceeded?

2) If the visa is rejected what remark will be given to the H1B applicant? Will he be stamped rejected in his passport? In my passport, nothing was written except the initial stamp on the last page, each time we enter the consulate for visa stamping which says "Application received on ...."

Thanks & best regards

Dear Paul:

The consulate returned the petition to have the Immigration Service to reevaluate its decision based on their comments. The consulate does this if it has some questions that needs to be answered. The Service would then send a notice to the petitioner (ie your employer) and request further clarification on the questions raised by the Consulate. If the employer answers these questions satisfactorily then the Immigration Service (as it did in your case) reaffirms the approval.

I have already answered your second part of the question in my prior email. You are not prevented form  reapplying for an H-1B visa again.


Ramasamy Krishnan  

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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