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221-G Pending Case for H1B Stamping

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  • 221-G Pending Case for H1B Stamping

    Hello Desiopt,

    I am posting this on behalf on a Friend.


    He completed his Masters in US and He Applied for H1b this Year. He was on OPT STEM-EXT while Applying for H1B. STEM-EXT is Valid till June-2017. His H1b was approved on Oct after an RFE.

    He is Currently Working For Employer A, Vendor B and Client C for about 2 Years. OPT, STEM EXT and H1B has the Same Employer, Vendor and Client. No Changes.

    Recently after His H1b Application in the Month of July Client C was Bought by another Company and the Name of the Client is No More the Same as when he applied. He Received an RFE after the Merger of the New Company and the Client C. The RFE was Replied with the Client Letter with New Company Name.


    He went for Stamping to India in this week and he received an 221-G and was told that Administrative Processing is Required on this Case and Provided a Case Number.

    The Vendor Letter Still has the Old Client Name According to the LCA and the Contract. The New Client Letter Used for RFE has the Letter Head of New Company Name but the Content has Old Client Name According to the LCA and the Contract.

    Concerns are he is obviously in Unpaid Leave since he is a Consultant and according to some forums it looks like the Process takes anywhere from a Week to upto 6 Months.

    Is there any other Options for him to Return to US or Expedite this Process? Will it be Possible for him the Return on his STEM-EXT Status? Anyone experienced the Same Situation or a 221G while Stamping?

    Any Helpful Suggestions will be Appreciated.


  • #2
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    • #3
      Your message was posted anonymously on our Facebook wall at Nov 4th - Please review comments from other users


      • #4
        I got 221g last month and i did receive my approval in 5 business days. I was told it wouldn't take much time and they took my passport. Depends on what verification they needed. I heard that Masters students are being checked on their history. Hope this helps.


        • #5
          He can't expedite the 221G. Also because he is in H1B his STEM OPT is no longer valid. He needs to wait untill the review is completed.


          • #6
            Sorry Bro, Once H1 is approved, His F1 visa status will be no longer valid. According to US senate rules, there is no way to expedite the Administrative processing at a US Consulate outside US soil.

            PS: As i am writing this, i am not a legal attorney, this is what i have read from different blogs and forums. I do not take any responsibility. for above comment.


            • #7
              I can understand the situation how painful it will be as I have also received 221(g)
              It's been 40 days. No update yet from consulate.
              Just hope for the best.


              • #8
                Amendment required with new client info and his employer can start this with premium processing which can take 15 days for approval and then a new i797 will be sent to his employer and he needs to submit the i797 as additional proof once the consulate asks for extra documentation. This might take a month or so if he starts this early.