ineligible to receive a visa under Section 221(g)

[imhasham]

Hi All

I attended interview in Dubai consulate in May 2015 and today after 4 months received below email. My first visit was in 2005 and later left due to personal reasons and did not complete full H1 that is 6 years . Please help and any information will be very helpful. Will it help if I hire advocate/attorney in my case.


This office regrets to inform you that it is unable to issue a visa to you because you have been found ineligible to receive a visa under Section 221(g) of the immigration and Nationality Act.

Section 221(g) of the Immigration and Nationality Act (INA) prohibits a consular officer from issuing a visa to an alien if the consular officer has reason to believe that the alien is ineligible. Based on indications that your petition contains inaccurate information, we are returning it to the Citizenship and Immigration Services (CIS) of the Department of Homeland Security (DHS) for review and possible revocation. If CIS determines that the information we are providing constitutes sufficient foundation for initiating revocation proceedings, you will be sent a notice of intent to revoke that includes a statement of the facts and evidence and you will have the opportunity to respond.

Under INA 222(f), which addresses the confidentiality of visa records, we are unable to provide any further detail.

Thanks

[shervin143]

There isn't much you could do from your end. The consulate should have given you a 221g when you attended the visa interview in the month of May. What was the 221g for? Were you able to submit all the required documents requested in that 221g? Is your employer a consultancy company?

At this time you cannot take any action since the petition is still not revoked. Consulate has sent it back to USCIS. Now USCIS will review the petition again and will decide whether to revoke it or to let the consulate know that everything is okay with the approval. If USCIS revokes the petition and if your employer believe that they have all the proper documents, then they can file an MTR to re-open the case. But it will take a long time for USCIS to act on the MTR.

Alternatively, you can find another employer and transfer the H1B. When that petition gets approved, you can apply for the visa again.

[imhasham]

Thank you so much Shervin for your reply.

No documents asked when 221g was given to me. However he took all the labour approval documents which my company gave me and returned I797 back to me. So my 221g is just with case number.

Yes my employer is a consultancy company with whom I have worked before.

Thank you again.

[rajeshavenger]

@imhasham

sorry to hear that of your visa denial. hope you get it all good next time.

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@sherwin143

i have similar concern and afraid to take the risk of H1B visa stamping as i am working through a consultancy. i have asked my doubts in a thread as well as below. can you share your knowledge and help me understand . thank you
[ http://www.immihelp.com/forum/showthread.php/191846-outcome-of-H1B-stamping-interview ]

[imhasham]

Hi Sherwin

I have one question:
When I applied for I140 (approved) my designation was Software testing engineer and when I applied for extension with a different employer the designation was different.
Will this be the cause of ineligibility? Please let me know.

Thank you

[shervin143]

I-140 is not transferable from one employer to another. so that is not a problem.

Hi Sherwin

I have one question:
When I applied for I140 (approved) my designation was Software testing engineer and when I applied for extension with a different employer the designation was different.
Will this be the cause of ineligibility? Please let me know.

Thank you