Can we file H-1B amendment while H1B extension is in process and I -94 is in process?
Hi @kanika
If you mean that you can file H1B Amendment after current i94 expiry, then yes, you can file Amendment but your pending extension will still be counted as a ‘bridge’.
If your extension is denied, your amendment will either be denied or will get RFE to wait for extension result.
@Anil_Gupta , I traveled to India after i received RFE on my H1b transfer (Bridge). From India i replied to RFE and now it got approved with I94 attached (I797A) and not consular.
Thank you.
USCIS makes these kind of mistakes and weird decisions. But, you cannot really rely on USCIS in these matters.
The onus of maintaining the status is always on you and not USCIS.
You did the right thing and can apply for H1B visa now and then enter USA.
@Anil_Gupta Hi,
Yes i agree. Hope this conversation will help all the viewers. The only worry now is 221g for stamping. Consulates are issuing 221g and delaying the decisions for almost 90% of the cases. Do you have any suggestions to avoid 221g?
There are no tricks to avoid form 221g. It all depends on your employer’s paperwork and what the visa officer asks.
@Anil_Gupta As expected received 221G with below.
- Complete petition set with all supporting documents submitted to USCIS
- W-2 and payslip for 2 years
- Client documents like SOW,PO.
Do you have any idea why would consular officer ask entire petition submitted to uscis? payslip and w-2 and client documents makes sense but why entire petition set?
My opinion is that Visa officer wants to check your Employer and petition details.
Since you moved out of US while RFE was pending and USCIS approved it without consular processing, they probably want to verify everything again.
Is your employer a small consulting company ot a known one or are you working full time with direct client?
@Anil_Gupta i work for a big indian MNC. Mine is EC model. Client provided a new SOW and PO when i moved back and now since my petition is approved they also extended onsite SOW today till dec19.
My company has provided complete initial petition which was initially filed but they have not provided RFE response documents and they are saying initial petition documents should be fine. What do you think? Also my company has MSA for next 5 years.
I guess then i should be worried now and expect huge delay.
As per current cases that I am seeing, it is possible that you may have to wait more than 8 weeks as your passport has been returned.
@Anil_Gupta
Update 1:
When i sent my passport through drop box option they returned the passport with 221G and called for interview with below documents.
- Complete initial petition set
- 2 years payslip
- Project related documents(SOW,MSA)
on July 1st, I attended interview with all the requested documents and CO did not even check any of the documents. She just verified the pay slip for 4 months and said your visa approved but to issue visa i need to send
- Resume
- List of publications and research
- Invitation letter and CO kept the passport with them and gave me pink slip.
I have provided all the documents on 8th July 2019 and final wait has started.