Form 221g clearance took 17 months after H1B visa interview

h1b-extension
h1-b

(sriram) #1

Hello Experts,

I have a situation and I seek your expert opinion to take a wise decision.
I have approved H1B visa which is going to get expired by 31st Aug 2019.
My petition was filed during 2016 which has got 221g during visa interview in Nov 16, and it has got clearance in May 2018.
Due to some personal reasons, i didnt travelled till now. I have few questions:

  1. Is there any minimal period before which i need to travel before expiry of visa such as 6 months or 3 months.
  2. If i travel during April/May will there be any issues with immigration at POE (why the job is open still/what will you do in such a minimal duration etc.,)
  3. I am not able to take a dare decision now thinking if my extension gets rejected i need to come back with in 5 months. (background: I have 13 yrs total experience in IT industry, with last 10 years working for a big product MNC)

Suggest me if i can take dare step in this situation.


Yellow form 221(g) issued - I129, end client letter request
(Anil Gupta) #2

Hi @srirambngl

I can understand your situation.
There is absolutely nothing to be scared of.

Time limit to travel on H1B visa

There is no time limit to travel once you get H1B visa. You can travel anytime before your visa expires.

Questions at Port of Entry

Questions for H1B visa are normal and you should be prepared for them.
Its not only you who is affected by extra strict rules.
Everybody working on H1B has to go through all this.

If the employer is offering you the job and you are going to work as per the job description written in H1B application, there should be no issues.

H1B extention

H1b extention is a bit easier while you are in US than from outside. But, you could still get RFEs (Request for evidence).
The good part is that even though you get RFE (if any), you can stay and keep working in USA until a final decision is made.

My suggestion is to come to US if you really want to come and do not think about visa issues.
Questioning and extra documentation have become daily part of life in USA for H1B workers.


(sriram) #3

Thank you Anil for your quick reply. That gave me enough boost.

Regards
Sriram.


(sriram) #4

Hi Anil, in continuation to your earlier suggestion, i have one more follow up question. Is my case valid for cap exemption incase i cannot travel now?

Is it possible for any other employer to file H1b cap exemption while i am being in India.

Regards
Sriram.


(Anil Gupta) #5

Your H1B will remain cap exempt until you use up full 6 year quota.