spanjugals
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My brother is working in India and filed H1B through an employer in USA back in 2023. His I-797 was approved for three years (10-01-2023 to 09-30–2026). He went for H1B visa stamping on July 17th, 2024 (Hyderabad consulate). However, his visa stamping was placed under 221(g) administrative processing. On July 19th, 2024, one of the officers from Visa Support Services Office contacted his employer for further information, his employer provided all the information that they have requested, and the officer informed the employer that they will forward the information proved by the employer to the US Consulate Hyderabad for their review. On Aug 19th, 2024, case status updated as “Refused’ from Visa Status Check portal. On Aug 29th, 2024, my bother contacted US Consulate general Hyderabad to check the status, and he received the following information.
Q1) Is there any way an employer contact USCIS for 221g Administrative Processing status updates?
Q2) What happens if his I-797 expires before USCIS making a decision? What are the options??
Q3) Can any employer file H1b file extension before the I797 expires while he is in India in cap-exempt?
Q4) If the employees’ I 797 expires, and they have never travelled to USA.
However, employee still be eligible to file a cap-exempt H1B petition with the same employer or different employer, as the H1B validity period of six years has not been utilized. If above scenario “is yes (question -4), is the employer required to pay 100k Fee under trumps proclamation rule?
Q1) Is there any way an employer contact USCIS for 221g Administrative Processing status updates?
Q2) What happens if his I-797 expires before USCIS making a decision? What are the options??
Q3) Can any employer file H1b file extension before the I797 expires while he is in India in cap-exempt?
Q4) If the employees’ I 797 expires, and they have never travelled to USA.
However, employee still be eligible to file a cap-exempt H1B petition with the same employer or different employer, as the H1B validity period of six years has not been utilized. If above scenario “is yes (question -4), is the employer required to pay 100k Fee under trumps proclamation rule?