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H1b Reapplication After a 221(g) Refusal

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  • 03-24-2015, 11:48 PM
    sp_adi
    H1b Reapplication After a 221(g) Refusal
    Dear Attorney,

    I had appeared for interview for H1B extension at a US Consulate some 4 years ago, and at that time was issued a 221(g). Subsequently, the application was not approved and sent back to USCIS for reconsideration. Since then, it's status is showing as "Decision Pending". On last count I checked with them, they said it's awaiting security clearance at USCIS. Anyway, the decision, whatever it may be, is immaterial for me now owing to fact that duration of that H1B has long lapsed.

    Now the same employer is planning to file an H1B petition for me, and it may actually happen that I will be working for the same client too. I was earlier working in Employer -> Client model and the reason my petition was sent back is because the VO felt that my employer was exercising enough control on my day to day work.

    Sir, in this situation, I will request you to kindly give me some input on following questions:

    1. Will it be wise to ago ahead with a new H1B application with the same employer considering I had gotten a 221(g) earlier on a petition filed by him?
    2. Are records about previous interview (Employer, Client, and especially Reason(s) for Denial etc.) available with Visa Officers if one appears for re-interview after a gap of few years?

    Thanks in advance
  • 03-25-2015, 12:54 AM
    Disagreeable
    Re: H1b Reapplication
    Presumably it is their money and thus their risk of denial.
  • 03-26-2015, 09:12 AM
    Mr. Knowitall
    Re: H1b Reapplication After a 221(g) Refusal
    Quote:

    Quoting sp_adi
    View Post
    1. Will it be wise to ago ahead with a new H1B application with the same employer considering I had gotten a 221(g) earlier on a petition filed by him?

    It's the employer's money. If they and their immigration lawyer see it as a sensible investment, then there's no reason for them not to proceed.
    Quote:

    Quoting sp_adi
    2. Are records about previous interview (Employer, Client, and especially Reason(s) for Denial etc.) available with Visa Officers if one appears for re-interview after a gap of few years?

    You should anticipate that the USCIS will have a complete immigration record.
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