Is the new USCIS rules applicable to petitions which are already approved? Will they have issues while going for stamping like getting an 221G form or getting denied or RFE?
Which Specific USCIS rule change are you talking about?
There were two policy changes made by USCIS recently:
- USCIS allows deportation proceeding after H1B Extension or Transfer Denial - Applicable immediately
- H1B Extension can be denied without RFE or NOID now - USCIS changes policy - Applicable on ALL applications starting Sep 11, 2018.
It does not matter if your H1B petition is currently approved or not.
All applications will be subjected to new rules.
Thanks Anil. But I’m referring to any of these rule which applicable to me and can put me in an RFE or 221g. My visa expired few weeks before and my newer petition in PP was approved until 2020 in June.
I have to travel to India and will undergo stamping (thru Db or direct interview) in September mid. I’m curious that if they can issue an RFE or 221g then and can deny or delay by coming back to us. People advised me not to travel but I’m taking that risk as I haven’t traveled to India since I’ve landed here since 2.5 years and needs to go for urgent reasons. Please advise.
The RFE or 221(g) administrative can be issued to anyone. It cannot be predicted.
The new USCIS rules do not affect the current 221(g) process at US consulates.
There is always a risk in going out of US and appearing for visa interview at US Embassy.
If your paperwork is good, then you should not worry about it.
Even if visa officer issues you a form 221(g), you will get clearance if everything is fine with your petition.
You may want to read this:
Thank you so much Anil. Your explanation has been of great help. Please keep up the great work.
You are welcome. Let me know if you need more information.
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