Withdrawing Pending H1-B application and Reapplying it from India??--- URGENT HELP

rajeever

New Member
Respected Gurus!

I writing to seek your advice on the withdrawal of my H1-B application, which is pending in Montreal from the last 130 days due to 221 g Administrative processing. Since then, I’m in staying in Ottawa Canada. I called the department of state, today at this number – 202-663-1225 and they told me that my application is still pending. I don’t know, whether it is pending at the Department of State (DoS) level or it is pending at the level of consulate?


I’m going to India possibly this coming week and planning to withdraw my application completely from Montreal and re-apply it from New Delhi. Is this is a good idea to do so? or I can leave my application here in Montreal and go to India and wait there?

Say, I withdraw my application from Montreal and re-apply it from India. What are the chances that I’ve to meet the consequences of 221 g admin processing? Have you seen cases similar to mine and people got the visa from India without any delay? Please advice.

This is my 2nd H1-B stamping.
First H1-B one was on: July, 2006
Second H1-B was on: April 2008(Pending).
First US visa stamping: F1 in May 2001.
I've done my MS in EE from USA in April 2004.
Country of Citizenship: India.
Name: Rajeev Verma.
Place of Birth: Jammu

Many thanks!

Rajeev
 
Did you get 221(g) when you applied for H-1B visa? If yes, the consular post might have given you a document describing why they are denying the visa at that time by giving you a 221(g) stating the reason. Can you share those details.
 
yes got 221-g

Did you get 221(g) when you applied for H-1B visa? If yes, the consular post might have given you a document describing why they are denying the visa at that time by giving you a 221(g) stating the reason. Can you share those details.



yes, I got the 221(g) when i applied for the H1-B visa. Consulate only told me that it seems "your name is a comman name" and we've to run some backgroud checks. It may take 15 days to 1 month. visa officer only gave me a white piece of paper in which it states reasons as 221-g
 
Sorry to hear that your case is stuck in background check. If you are lucky (I personally know some who anticipated that it will take months but got the approval in few weeks), the background check might be resolved soon.

I think you will have to wait until the background check is cleared before reppearing again, either on this H-1B or some other H-1B. To confirm, you can consult an attorney.

Good luck.
 
Hi Rajeev,

Has your situation improved? Did you go back to India or did you wait in Canada until it was cleared ? Please let us know.

thanks.
 
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