07 Aug 2019

I applied for a visa stamp at the U.S. Consulate in Chennai, but was issued a 221(g). I submitted all the documents requested about 2 months ago, but still no word from the consulate. Do I have any options?

Answer Unfortunately, the U.S. consulates in India now are generally telling applicants that a decision after a 221(g) refusal could take up to 6 months. Until then, there usually are few options. One is free to inquire through Traveldocs. However, these inquiries often only receive a...

07 Aug 2019

I have an approved I-140 and am in H1B status. However, my H1B extension was just denied, so I will soon be departing the U.S. Do I have any options of returning? Will this impact my I-140?

Answer An H1B extension denial normally would have no impact on an approved I-140. As for returning to the U.S., one typically could have another H1B petition filed on one's behalf for consular notification. Assuming it is approved, it should be possible to apply for an...

31 Jul 2019

My H1B petition was selected in this year’s lottery, and an RFE was issued. My project just ended, so my employer says he is going to file an H1B amendment for the case. Will this cause any problems?

Answer One in this situation should talk to a qualified attorney before taking any action. Normally, it is not possible to amend a cap H1B that has not yet gone into effect (i.e., the start date, which is typically October 1st, has not been reached and/or...