H-1B Visa

How Long Does 221(g) Processing Take for H1B? Timelines, Delays, and Solutions

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If your H1B visa application was refused under section 221(g), you’re not alone. Thousands of applicants each year ask the same question: “How long does 221(g) processing take for H1B?”

The truth is, while a 221(g) refusal is not a denial, the waiting period can be unpredictable and stressful. We’ve successfully helped many H1B applicants resolve 221(g) issues by identifying delays, submitting missing documentation, and communicating directly with consulates and USCIS when necessary.

This guide explains what 221(g) means, how long it usually takes, and what you can do to speed up your case.

What Is 221(g) and Why Does It Happen?

Section 221(g) of the Immigration and Nationality Act (INA) allows U.S. consular officers to place a temporary hold on a visa application when they cannot make a final decision right away.

Common reasons for an H1B 221(g) include:

  • Missing or incomplete documents;
  • Administrative processing or security checks;
  • Questions about the employer and employee relationship;
  • Unclear specialty occupation details; or
  • Verification of client letters or end-client projects

When this happens, you’ll receive a 221(g) notice (sometimes called a “blue slip” or “yellow slip”) that explains what’s missing or under review. Your application remains on hold until the issue is resolved.

Average Processing Times for H1B 221(g)

So, how long does H1B 221(g) processing usually take? Timelines vary widely depending on the consulate, your employer, and the type of review involved:

  • Simple document requests (client letters, contracts): 1–4 weeks
  • Employment verification or complex documentation: 4–12 weeks
  • Administrative processing with security/background checks: 3–6 months (sometimes longer)
  • Cases referred to Washington, D.C. for additional review: Indefinite delays, often exceeding 12 months

Processing times are especially unpredictable at high volume consulates like in India, where many H1B applicants face extended waits.

Can You Speed Up H1B 221(g) Processing?

While you can’t control every aspect of administrative processing, you can take proactive steps to avoid unnecessary delays. The right legal strategy can absolutely shorten delays and prevent your case from stalling indefinitely. Many 221(g) cases drag on because applicants submit incomplete documentation, provide inconsistent answers,

At our firm, we take a proactive approach.

  1. Identify what’s really causing the delay;
  2. Prepare and submit airtight documentation to prevent further requests and avoid red flags like an INA 212(a)(6)(C)(i) misrepresentation finding;
  3. Communicate directly with the consulate or USCIS when appropriate, so your case doesn’t get lost in the system;
  4. Escalate long pending cases if you’ve been waiting 60–90+ days without movement.
  5. We’ve helped H1B applicants in tech, finance, engineering, and healthcare clear 221(g) holds and move forward with their U.S. careers.

With the right strategy, we’ve successfully helped many people stuck in 221(g) administrative processing clear the issue and move forward with their H1B approvals and U.S. career plans

Don’t Let 221(g) Derail Your H1B and Your future

A 221(g) refusal on your H1B visa is frustrating but it doesn’t have to end your journey. With a strategic response and timely legal help, most applicants are able to resolve delays and move forward.

If your H1B 221(g) has been pending more than 60–90 days, call us today at contact us now at 305-515-0613 or info@messersmithlaw.com. We’ll review your case, identify solutions, and fight to get your application back on track.

H1B Visa Revoked Due to Multiple Filings

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If your H1B visa has been revoked because of multiple cap-subject filings, you’re likely feeling blindsided and unsure about your future in the US. USCIS has recently begun cracking down on H1B petitions that were filed by multiple employers on behalf of the same individual, especially where they believe the filings were coordinated or fraudulent. If your visa has already been revoked or you’re under investigation, you need to act fast to protect your status and career.

Why H1B Revocations for Multiple Filings Are Increasing

In recent years, especially following regulatory changes and data sharing among agencies, USCIS has focused heavily on rooting out fraud in the H1B lottery system. While multiple legitimate offers from different, unrelated employers are allowed, problems arise when USCIS suspects that the filings were orchestrated by related companies or were not for genuine job offers.

We’ve seen many clients who were unaware that their employers were affiliated or that similar petitions were submitted without disclosure. USCIS often issues NOIRs (Notices of Intent to Revoke) claiming that the filings were intended to unfairly increase the applicant’s chances in the lottery. In some cases, they revoke approved H1B petitions even after the applicant started working, leaving individuals suddenly out of status.

How We Help Clients Respond to H1B Revocation Issues

If you’re still in the US, your H1B status may be at risk but you may still have options. We assist clients by:

  • Reviewing the revocation notice or NOIR to understand the government’s specific concerns;
  • Gathering evidence to show that the job offer was legitimate and that you were not part of any scheme;
  • Preparing a legal response to USCIS challenging the revocation or helping you transition to another valid status; and
  • Exploring re-filing options, consular processing, or alternative visa categories if needed

If you’re outside the US, your H1B visa stamp may be canceled or you may be denied reentry. In these cases, we help you present evidence to the consulate, explain the legitimacy of your offer, and clear any fraud related flags on your immigration record.

Don’t Let a Filing Error End Your Career

Having your H1B revoked due to multiple filings is serious but it’s not always the end of the road. We’ve helped clients successfully challenge revocations, maintain legal status, and reapply through new employers. The key is to act quickly and strategically.

Call our office today at (305) 515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll evaluate your situation, explain your options, and help you take the right steps to protect your future in the US.

H1B Transfer Denied – Can I Stay in the US?

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Many people come to us after an H1B transfer denial. We’ve helped them re-file successfully, shift to a new employer, or even change status (such as to B2, F1, or dependent visas) while staying compliant. Every case is different, but time is critical. The sooner you act, the more options you preserve. If your H1B transfer was denied, you’re probably asking the most urgent question: Can I still stay in the United States? The answer depends on your current status, your previous approval, and how quickly you act. In this article, we break down what it means when an H1B transfer is denied, your legal options, and how to avoid unlawful presence or deportation risk.

What Happens If My H1B Transfer Is Denied?

When a H1B transfer (also called a change of employer petition) is denied by USCIS, it means that your prospective employer’s petition to hire you did not meet the eligibility criteria. Denials can occur due to:

  • Missing or weak employer-employee relationship documentation
  • Specialty occupation issues
  • Inconsistencies in the job role or salary
  • Employer’s financial or operational concerns
  • Gaps in lawful status

A denial does not necessarily cancel your prior H1B approval, but it may affect your right to stay in the US, especially if you already began working for the new employer under portability rules.

Can I Stay in the U.S. After an H1B Transfer Denial?

Whether you can stay depends on one key factor: Do you still have a valid H1B approval with a prior employer?

  1. If you were still working for your previous H1B employer at the time of denial:
    • You may remain in the US and continue working for that employer, as long as their petition remains valid.
  2. If you already left your previous employer and began working for the new one:
    • You must stop working immediately upon denial.
    • You may still be within the 60-day grace period, which allows you to stay in the US and seek another job or file a new petition.
  3. If your I-94 has expired and the denied petition included a request to extend your stay:
    • You may be considered out of status and may be required to leave the US.

What Should You Do Next?

If your H1B transfer was denied and you’re unsure about your status, call our office at 305-515-0613 or email info@messersmithlaw.com for a consultation. We’ll review your case and help you create a strategy to stay legal and move forward.

Immigration Success Story – Overcoming H1B Visa Refusal at the London Consulate

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Recently, a US based technology company contacted us after their employee’s H1B visa was refused at the US Embassy in London. The employee, a highly skilled software engineer, had been working in the US for several years and had traveled to London for visa stamping. However, instead of receiving visa approval, he was subjected to administrative processing, followed by an outright refusal under INA 221(g). The company was eager to have him return to the US to resume his work, but they were unsure how to proceed after the refusal.

We spoke with the employee and reviewed the refusal notice. During his visa interview, the consular officer had questioned the legitimacy of his H1B employment, focusing on whether his role truly required a specialized degree. The officer also expressed concerns about the employer’s ability to pay the offered wage, despite the company being a well established firm. These types of refusals are common when the consulate believes the underlying H1B petition does not meet the legal criteria, even if USCIS had already approved it.

After taking on the case, we immediately contacted the London Consulate to request clarification on the refusal. We submitted a legal memorandum with strong supporting documents, the consulate agreed to reconsider the refusal and requested that our client return for a new interview.

At the second interview, our client presented the additional evidence we had prepared, and the officer reversed the refusal, granting the H1B visa without further delays. Within days, he was back in the United States, continuing his work without any additional issues.

Do you have a similar visa refusal at the London consulate or another U.S. embassy? Contact my office immediately at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

Overcoming H1B Visa Cancellations: Strategies and Next Steps

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H1B visa cancellations can disrupt careers and jeopardize plans for long-term employment in the United States. Cancellations typically occur due to job termination, failure to maintain H1B status, or violations of visa terms. If your H1B visa has been canceled or is at risk of cancellation, it is important to understand your options and act quickly to protect your immigration status and career prospects.

One potential option after an H1B visa cancellation is to find a new employer willing to sponsor you. The H1B transfer process allows you to change employers without being subject to the annual H1B cap, provided that the new petition is filed before you fall out of status. This option requires securing a new job offer and ensuring the new employer files a petition promptly. Until the transfer is approved, maintaining status in the U.S. is crucial.

If you are unable to secure a new H1B sponsor immediately, you may consider switching to another visa category to maintain lawful status. For example, applying for an F1 student visa, a dependent visa like H4, or a visitor visa may provide temporary relief while you explore long-term options. Additionally, if you are eligible for adjustment of status (such as through family-based or employment-based green card sponsorship), pursuing this pathway can help you remain in the U.S. legally.

H1B visa cancellations can be stressful, but with timely action and the right strategy, it is possible to regain status or secure a new visa. Consulting with an experienced immigration attorney is critical to navigating this complex situation and determining the best course of action based on your unique circumstances. Contact my office today to discuss your case, explore your options, and work toward a solution that protects your immigration status and career in the United States.

Additionally, if you receive a Notice of Intent to Revoke (NOIR) or are contacted by the U.S. Department of State regarding visa cancellation we can help. A NOIR typically indicates that USCIS is reconsidering the approval of your H1B petition due to concerns such as misrepresentation, lack of qualification, or employer-related issues like non-compliance with labor condition requirements. Similarly, if the State Department contacts you regarding visa cancellation, it may stem from allegations of fraud, eligibility issues, or a review of your employer’s compliance. In either situation, responding promptly and thoroughly is critical. This involves carefully reviewing the notice, gathering supporting documentation, and addressing the government’s concerns to demonstrate your continued eligibility. Legal guidance is invaluable during this process to craft a persuasive response and protect your immigration status. If you have received a NOIR or notice from the State Department, contact my office immediately at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

LCA Errors that can Lead to H1B Visa Refusals and INA 212(a)(6)(C)(i) Inadmissibility Determinations

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Errors made by the visa applicant in regards to the Labor Condition Application (LCA) can cause significant problems and potentially jeopardize their chances of obtaining an H-1B visa. It’s crucial to avoid common mistakes that can lead to visa denials and inadmissibility determinations under INA 212(a)(6)(C)(i). Here are some frequent errors and their implications:

Misrepresenting the Terms of the Job Offer: Visa applicants must accurately represent the terms of the job offer in the LCA, including job duties, salary, and working conditions. Any misrepresentation can be considered fraud, leading to a visa denial. It’s essential to provide truthful and precise information to avoid accusations of misrepresentation.

Failing to Comply with the Prevailing Wage: The Department of Labor mandates that H-1B visa holders must be paid the prevailing wage for their job. If an applicant is paid less than the prevailing wage, it violates the LCA and can result in a visa denial. Ensuring compliance with wage requirements is critical to maintaining legal status.

Failing to Disclose Previous Immigration Violations: Visa applicants must disclose any previous immigration violations, such as overstays or unauthorized employment. Failing to disclose such violations can be considered fraud and result in a visa denial. Full transparency regarding immigration history is vital to avoid complications.

Failing to Comply with the Terms of the Visa: H-1B visa holders must adhere to the terms of their visa, including maintaining status, working only for the employer listed on the LCA, and not engaging in unauthorized employment. Non-compliance can lead to visa denial or revocation of visa status. Adhering strictly to visa terms helps ensure continued legal status in the U.S.

Failing to Notify the Department of Labor of Changes: Any changes to the job offer terms, such as job duties, salary, or working conditions, must be reported to the Department of Labor. Failure to report these changes can result in LCA violations and visa denial. Keeping the Department of Labor informed of any job-related changes is crucial.

If an H-1B visa applicant is accused of fraud under INA 212(a)(6)(C)(i), it’s imperative to take immediate action. Here are steps to potentially resolve the situation and overcome fraud accusations:

  1. Contact Us Immediately: Call us at 305-515-0613 or email us at info@messersmithlaw.com. Our experienced immigration attorney, with over 20 years of experience, can review your case and advise on the best course of action.
  2. Gather Evidence: We will help you gather evidence to refute the fraud allegations, ensuring you have a strong case.
  3. Cooperate with Authorities: We will guide you on how to cooperate fully with authorities, including attending interviews or providing additional documentation as requested.

If you have been accused of fraud or misrepresentation due to a misunderstanding involving your LCA, contact our office through our website or give us a call at 305-515-0613. We look forward to helping you win your case, as we have for thousands of other clients.

H1B Notice of Intent to Revoke (NOIR) Received Due to INA 212(a)(6)(C)(i)

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Foreign nationals may be inadmissible if he or she made a false representation in order to obtain an immigration benefit. Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

We take pride in our track record of helping foreign nationals and their US employers overcome difficult NOIRs issued by USCIS, especially in cases where problems related to INA 212(a)(6)(C)(i) are involved.

In a recent case, a client approached us worried that he might lose his H1B status. Six months after his H1B petition was approved, USCIS made a site visit to his work location. He was not at work during the visit and USCIS found several issues which lead them to believe that our client was not working as described in the petition. However, several months passed without anything happening and our client thought everything would be fine. However, six months after the site visit, USCIS decided to issue an NOIR to the employer and gave them just 30 days to respond to 7 different issues they had with the petition.

We understand that such notices can be deeply unsettling but they are not the end of the road. Our firm swiftly stepped into action, meticulously crafting a point-by-point response to the USCIS’s concerns. With more than 20 years of experience in immigration law, we challenged the NOIR by collecting substantial evidence, preparing comprehensive documentation, and building a robust defense arguing our client’s compliance with H1B requirements. Our focused and aggressive approach was designed to address not only the immediate revocation threat but also to solidify our client’s standing with USCIS going forward.

This is just one of many success stories that illustrate our expertise and commitment to securing positive results for our clients. If you or your employees have been served with a NOIR, time is of the essence. Don’t hesitate to reach out to us. Contact our office and we’ll work together to reach a favorable outcome in your case.

H1B RFE Received Due to INA 212(a)(6)(C)(i)

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Foreign nationals may be inadmissible if he or she made a false representation in order to obtain an immigration benefit. Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

We take pride in our track record of helping foreign nationals and their US employers overcome difficult RFEs issued by USCIS, especially in cases where problems related to INA 212(a)(6)(C)(i) are involved.

In a recent case, a client approached us in a state of panic after receiving an RFE for his H1B petition. His application had been submitted by his company’s lawyer who was not able to properly explain our client’s previous involvement with AZTech. During his Optional Practical Training (OPT), the client had paid for training with AZTech, only to later discover that the company was fraudulent. Although he left the company as soon as he discovered the company was fake, USCIS brought up the issues several years later in his H1B petition.

USCIS believed our client had committed fraud due to his association with AZTech during his OPT. This not only raised questions about potential misrepresentation under INA 212(a)(6)(C)(i), but also put the legitimacy of his F1 student visa status into question, stating that they may classify his stay as unlawful.

Facing such complicated inadmissibility issues, the client wisely chose to retain our services. Our team meticulously prepared a comprehensive legal argument to accompany his RFE response. The outcome? USCIS concurred with our position, approved the H1B petition, and issued an I-94 to our client.

This is just one of many success stories that illustrate our expertise and commitment to securing positive results for our clients. If you’re facing similar immigration challenges, don’t hesitate to reach out to us. Contact our office and we’ll work together to reach a favorable outcome in your case.

Change of Status from H2B Visa to H1B Visa

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I am curently in USA on h2b viza. My I-94 expires on May 31, 2010.

I would like to change my statul for H1B visa. I have Batchelor degree in economics and master degree in accounting. beside my job for my h2b employeer i am doing an internship as an accountant in one company. the owner of this company would like to help me to change my staus if this is possible. i would like to know if it is posible to change my status in my case. Thak you. Looking forward to hear from you. Best regards.

Your current employer would be able to sponsor your change of status from H2B to H1B provided that he offers you a position that requires the use of your degree(s) such as an accountant, budget/credit analyst, financial analyst, economist or other financial specialist.

Self Employment in OPT and H1B Status

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I have a question, and i hope you can help me with it.

I am on F1 student visa. i am doing my masters in accounting also planing to sit for the CPA.

I know that after graduation you are allowed to take OPT and work for up to 12 months. while your are on the OPT you are allowed to be self emloyee, during that period i want to open my own CPA firm or atleast bookkeeping office and be self employed.

My question is if i open my own accounting office can i soponser my self with an H1 VISA?

A student on OPT may start a business and be self-employed. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program. The rules are quite different for an H1B visa. In order to obtain an H1B visa with your own firm, you must establish that you firm is separate from you and has a certain level of control over your actions. The best way to do this is to have a minority interest in your firm, i.e., get a partner or two.