H-1B stamping delay and administrative processing in India: Payroll gaps, re-entry concerns, and expediting Options

Question details

I am reaching out on behalf of a friend who is currently facing challenges related to his H1B visa stamping process in India. He departed for India in August with an H1B Dropbox appointment scheduled for August 19th. On August 30th, he received a 221(g) notice requesting him to appear for an in-person interview. He attended this interview on September 3rd, where he responded to all the consulate’s inquiries. However, he was issued another 221(g) slip, stating that his case is now under administrative processing and that he will be notified once an update is available.

Since then, there has been no progress or further communication from the consulate.

My friend’s concern now is twofold:

1. Unpaid Leave and Payroll: Due to his company's policy, he is not permitted to work from India and has been on unpaid leave since August 15th, with his last payroll processed through this date. He is still formally employed, but he has had no payroll since then. If his H1B stamping is approved, will his re-entry to the U.S. be problematic, given the gap in payroll since August 15th? Additionally, is his H1B status still active, or could it be considered paused due to the lack of payroll?

2. Expediting the Process: Is there any way to expedite his case with the Chennai consulate, considering the indefinite delay he is currently facing?

 

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FAQ Transcript

If someone is stuck in India on a 221g for H-1B administrative processing, their reentry to the U.S. should not be problematic once their visa is stamped, even with a payroll gap. Employers are not required to pay while the employee is unable to work due to being abroad. Expediting a 221g is extremely rare, but the employer or lawyer can attempt to explain the urgency to the consulate.  For detailed scenarios and advice, refer to the video.

Employer and agency verification requirements on the most recent I-94: Is this new note typical?

Question details

I see the following new note on my Most Recent I-94 Results. Is this normal?

Note to employers, local, state, or federal agencies granting benefits:

Please visit the CBP I-94 Public Website and click on the tab for “Get Most Recent I-94” to perform a search for the applicant to confirm that the biographic and travel information displayed on this I-94 printout matches the “Get Most Recent I-94” returned results for this applicant.

 

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FAQ Transcript

While this is a new update, it seems routine and not a cause for concern. 

 

Rajiv's Comments in the News - Trump 2.0 to end citizenship by birth on Day 1? Should over 1 million Indians in Green Card backlog be worried

Published by: Asianet Newsable - Nov 12, 2024
https://tinyurl.com/uzhyddkw

Quotes and Excerpts from Rajiv in the article:

“The Trump plan suggests no automatic citizenship for children born in the US. This is almost certainly a contravention of the 14th Amendment of the US Constitution. A Supreme Court judgement is available to counter Trump’s misinterpretation," Rajiv S. Khanna, an immigration attorney, was quoted as saying in the TOI report.

H-1B layoffs: 60-day grace period, visa options, and transitioning to study

Question details

- H1B 60-day grace period starts on the date of getting notice of layoff from the employer, on the date of the severance paycheck, or on the last date of the regular paycheck?

- During H1B 60-day grace period, what is the best time to apply for B1/B2? When 30 days are left, 15 days are left, etc.?

- H1B is for 6-years of work, or 6-years total? I mean does unemployment time or B1/B2 time etc. also counts in 6-years of H1B?

- After layoff on H1B, if decided to go to school, then how to stay in US until getting admission decision and until school starts, that could take many months.

- After layoff on H1B, what is the better option to choose between B1/B2 and F-1?

 

Video URL
FAQ Transcript

The H-1B 60-day grace period starts the day after your last pay period or working day, whichever is later. It's best to apply for a B1/B2 visa around the 50th–55th day (depending on how you apply online or by email) if transitioning and an F-1 visa if planning to study. The grace period counts toward the H-1B six-year cap, but B-1/-B2 time does not. For detailed scenarios and advice, refer to the video.

Recording for November 07, 2024 Conference Call with Rajiv S. Khanna

FAQ: H-1B layoffs: 60-day grace period, visa options, and transitioning to study || Employer and agency verification requirements on the most recent I-94: Is this new note typical? || H-1B stamping delay and administrative processing in India: Payroll gaps, re-entry concerns, and expediting Options

Guestbook Entry for Amol Gote, United States

Name
Amol Gote
Country
United States
State
Virginia
Comment

Working with Rajiv Khanna and his team has been an outstanding experience from start to finish. Their deep knowledge, thorough guidance, and unwavering support made the petition-building process much more manageable. Rajiv was always accessible, often responding instantly to questions and concerns—even during weekends—a level of dedication that truly sets him and his team apart.

I am incredibly grateful for Diane’s meticulous attention in organizing all the required documents and exhibits. The entire team, including Deepa, Kunal, Suman, Seema, and others, was incredibly supportive throughout and played a crucial role in helping me get my I-140 approved.

I’m grateful to everyone for their commitment. Thank you, Rajiv Ji!

Rajiv's Comments in the News - Donald Trump's Comeback Worries Immigrants Over Birthright Citizenship; How It Will Impact Indians | Explained

Published by: English Jagran: Nov 07, 2024
https://tinyurl.com/7e74fme8

Quotes and Excerpts from Rajiv in the article:

Rajiv S Khanna, an immigration attorney, as quoted by Times of India, said, "The Trump plan suggests no automatic citizenship for children born in the US. This is almost certainly a contravention of the 14th Amendment of the US Constitution. A Supreme Court judgement is available to counter Trump’s misinterpretation."

Rajiv's Comments in the News - Bad news for over 1 MILLION Indians as Donald Trump set to bring new law, to curtail…

Published by: India.Com: Nov 07, 2024
https://tinyurl.com/bdzf79xj

Quotes and Excerpts from Rajiv in the article:
Talking exclusively to the Times of India, Rajiv S. Khanna, immigration attorney said, “The Trump plan suggests no automatic citizenship for children born in the US. This is almost certainly a contravention of the 14th Amendment of the US Constitution. A Supreme Court judgement is available to counter Trump’s misinterpretation.