H-1B Visa Stamping Experience in India – NOID, Denial and Approval

One of our blog visitors have written to us about his H-1B visa stamping experience he had recently in India. Here is Srini’s experience in his own words. I have divided his experience into sub-categories, to detail the step by step process he went through.

Experience:

My name is Srini and I saw your page on NOID on your blog. It was very useful and thank you for doing that. I was in a similar situation last year.

H-1B Interview at U.S. Consulate:

I went to India to get stamped from company A while working with vendor B and client C. I got a 221G for additional administrative processing with no docs asked and they kept my I-797, I-129 documents including my LCA.

Denial and Approval:

My visa got denied after 3 months with the reason “your employer was not able to provide sufficient documentation”. Luckily, my vendor B filed a petition for me in that time and I was able to go for another visa interview with the new petition and got it approved. Once I came back to the United States, my old employer A contacted me that he received a NOID from USCIS stating the actual reason.

Reason for Denial:

The actual reason for my visa rejection is amendment. My H1 is filed while I was in a different state and I moved to another client later on. Even though my LCA is filed, it was not sufficient as per USCIS which is the fact and we are not aware of that rule before I went for stamping.

Reaffirmation:

So my old employer asked me if he want me to give a try to get my petition reaffirmed. I said yes and he filed a reaffirmation. I don’t know what exactly he provided to USCIS but I didn’t give him any docs. After 1 month, my old petition for reaffirmed but I decided to stay with my current petitioner B.

H1BWiki would like to thank Srini for taking the time to share his experience with our readers. We would like to hear from our readers. Please share your experiences by writing to us at [email protected]

3 Comments on "H-1B Visa Stamping Experience in India – NOID, Denial and Approval"

  1. Umashankar Adha | December 1, 2012 at 9:04 am | Reply

    Hi,

    Same thing happened with me too. I came in India for my weeding purpose. When I went to Mumbai Consulate of US, She had given me white slip for submitting more document with client letter. At that time, I was working with FedEx. As we all know, FedEx is not providing any kind of client letter, but I was working with vendor NexTech and that company provide me sufficient document like client letter, Work Order, and all agreement letters with me and FedEx. I submitted all document to Mumbai Consulate of US. Then again she give me blue slip for 221g and asked me to wait for decision. After few of months, USCIS ask my employer to submit some documents, My employer (iTechUS) submit all document to Vermont Service Center, now my case is pending with USCIS since April 18th 2012. Its site (www.uscis.gov) showing me that this case should be resolved with-in 90 days of submission of required documents but seem like yet my case is pending with USCIS. I am not sure what should I do.

    I ask my employer number of times, but my employer told me to wait until this decision of USCIS. I ask him to fire new extension of new H1b for me, but he reply me that he is unable to file because my previous H1b was with him and I can not file new H1b with same employer again. I have to find out either new employer or have to wait decision of USCIS.

    My Extension of existing H1b also expired, due to this fucking process of USCIS. I am not sure what should I do.

    Please suggest me, what should I do?

    Umashankar Adha
    Project Manager

  2. Every time there is a change in designation/location/client/vendor a new LCA & amendment is required to be filed while you are planning for stamping in near future.

  3. As a candidate how do you know if your petition is in NOID?. Is there a way to find out other than knowing from you employer?

Leave a Reply to Sivani Chekuri Cancel reply

Your email address will not be published.


*


This site uses Akismet to reduce spam. Learn how your comment data is processed.