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DEAR ALL, PLEASE SHARE YOUR VIEWS AND EXPERIENCE. I HOPE WE WILL HAVE PROPER ANSWER AND SOLUTION TO THE ISSUE SOON.
---------- Forwarded message ----------
From: Vishal VK
Date: Fri, Mar 18, 2016 at 4:17 PM
Subject: Visa officer missed answering the questions on ******** #VisaFriday - (March 18, 2016)
To: [email protected]
Dear Sir/Mam,
This is with reference to your below event on ******** that I participated expecting to get some answers to my questions related to 221(g).
Time for Visa Fridays! Post your visa-related questions in the comments box below and our visa officer will answer your queries starting 2PM this Friday (March 18, 2016). #VisaFriday
My comment was as under:
Dear Sir/Mam,
1) As per my understanding, An Alien in Specialty Occupation applying for H1-B visa is eligible for Premium Processing.
It makes sense to pay for it when it is an H1 transfer case in situation when the Alien is currently outside US but needed to take up the job at short notice, and the visa stamp on his passport has expired.
Even in this situation, with all due respect, how is it justifiable to issue 221(g) for administrative processing hanging over 3 months, while appreciating these delays with the potential to cause personal and professional costs?
2) It is also noted that VO NOT always issues 221(g) based on the answers to the interview questions, but also based on the information accessible to them on their monitor/otherwise. If the information accessible to VO is so critical, can it not be evaluated by USCIS at the time of approving the petition, at least for premium processing cases, if not all, where extra fees is paid for timely processing?
3) Lastly, and most importantly, "an err is human", and it is quite possible that because of a mistake by involved parties, candidate is issued 221(g). But unless the reason is known, a candidate is in no position to take an informed decision, neither another employer would feel comfortable to hire him/her in this situation, while the petitioner is at the absolute liberty to hire another available candidate.
Why is it so difficult to reveal the reason for corrective/preventive actions in future, not only at the time of issuing of 221(g), but even after granting the visa, and instead keep the process so opaque and prone to be called arbitrary?
One of the Founding Fathers of the United States, Benjamin Franklin said "It is better one hundred guilty Persons should escape than that one innocent Person should suffer." Correct me if I am wrong but almost 90% of the 221(g) cases are issued visa sooner or later, and it only suggest the exact opposite.
Bottom Line here is not to question the wisdom of issuing 221(g), but the applicability, timeline and transparency of the process.
May I please request your answers/views, and all the necessary that you can do to bring this to the notice of the concerned authorities for their kind attention and review.
Thanks
----
Visa officer replied as under:
Thank you for your interesting suggestions. However, majority of cases are issued within few days of interview. There are relatively few cases that require administrative processing after the interview. We are committed to facilitating legitimate travel and providing prompt and courteous service. At the same time, we must ensure that applicants are both qualified for the visa which they are applying for and do not pose a security risk to the United States. This sometimes requires administrative processing. Time varies for administrative processing based on the individual circumstances of each case. To inquire about a specific case, please email us at [email protected]
----
I responded to the same as under:
Sir,
Thanks for your kind response. I am doing as necessary for specific case. But with all due respect, here I've asked you very generic questions for answers. They are not merely suggestions. I would really appreciate if you please put some more effort and see if you can answer the questions practically and not just diplomatically.
Also, not sure how truthful it is, but I just read more than 900,000 visa applications were subjected to 221(g) during 2014.
Also, your kind views, and what best you can do in the matter would also be of great help.
Thanks
----
When I didn't hear anything from Visa officer, I even wrote as under:
Sir, you didn't answer any of my questions! May I please request you to please spare some time and answer. BTW, ustraveldocs don't give any answers different from the generic replies for administrative processing, similar to whats visible on ceac tracker, and the only thing one can do is wait indefinitely and clueless! I am sure you are aware of it.
----
Please note that I was awaiting the reply from Visa Officer but he chose to remain silent to my reply. He replied to replies from other participants, but missed to reply me!
May I please request you to get me the answers to my unanswered queries and concerns.
Please note that it was not so that he didn't had time and was busy answering other participants as there were very few queries. He even replied to the replies of the other participants who replied after me, but didn't reply to mine!
My only concern is to have the reply today as I've been waiting for this Friday for long time so may I please request you to get me the proper replies.
Thanks & Regards,
Vishal
---------- Forwarded message ----------
From: Vishal VK
Date: Fri, Mar 18, 2016 at 4:17 PM
Subject: Visa officer missed answering the questions on ******** #VisaFriday - (March 18, 2016)
To: [email protected]
Dear Sir/Mam,
This is with reference to your below event on ******** that I participated expecting to get some answers to my questions related to 221(g).
Time for Visa Fridays! Post your visa-related questions in the comments box below and our visa officer will answer your queries starting 2PM this Friday (March 18, 2016). #VisaFriday
My comment was as under:
Dear Sir/Mam,
1) As per my understanding, An Alien in Specialty Occupation applying for H1-B visa is eligible for Premium Processing.
It makes sense to pay for it when it is an H1 transfer case in situation when the Alien is currently outside US but needed to take up the job at short notice, and the visa stamp on his passport has expired.
Even in this situation, with all due respect, how is it justifiable to issue 221(g) for administrative processing hanging over 3 months, while appreciating these delays with the potential to cause personal and professional costs?
2) It is also noted that VO NOT always issues 221(g) based on the answers to the interview questions, but also based on the information accessible to them on their monitor/otherwise. If the information accessible to VO is so critical, can it not be evaluated by USCIS at the time of approving the petition, at least for premium processing cases, if not all, where extra fees is paid for timely processing?
3) Lastly, and most importantly, "an err is human", and it is quite possible that because of a mistake by involved parties, candidate is issued 221(g). But unless the reason is known, a candidate is in no position to take an informed decision, neither another employer would feel comfortable to hire him/her in this situation, while the petitioner is at the absolute liberty to hire another available candidate.
Why is it so difficult to reveal the reason for corrective/preventive actions in future, not only at the time of issuing of 221(g), but even after granting the visa, and instead keep the process so opaque and prone to be called arbitrary?
One of the Founding Fathers of the United States, Benjamin Franklin said "It is better one hundred guilty Persons should escape than that one innocent Person should suffer." Correct me if I am wrong but almost 90% of the 221(g) cases are issued visa sooner or later, and it only suggest the exact opposite.
Bottom Line here is not to question the wisdom of issuing 221(g), but the applicability, timeline and transparency of the process.
May I please request your answers/views, and all the necessary that you can do to bring this to the notice of the concerned authorities for their kind attention and review.
Thanks
----
Visa officer replied as under:
Thank you for your interesting suggestions. However, majority of cases are issued within few days of interview. There are relatively few cases that require administrative processing after the interview. We are committed to facilitating legitimate travel and providing prompt and courteous service. At the same time, we must ensure that applicants are both qualified for the visa which they are applying for and do not pose a security risk to the United States. This sometimes requires administrative processing. Time varies for administrative processing based on the individual circumstances of each case. To inquire about a specific case, please email us at [email protected]
----
I responded to the same as under:
Sir,
Thanks for your kind response. I am doing as necessary for specific case. But with all due respect, here I've asked you very generic questions for answers. They are not merely suggestions. I would really appreciate if you please put some more effort and see if you can answer the questions practically and not just diplomatically.
Also, not sure how truthful it is, but I just read more than 900,000 visa applications were subjected to 221(g) during 2014.
Also, your kind views, and what best you can do in the matter would also be of great help.
Thanks
----
When I didn't hear anything from Visa officer, I even wrote as under:
Sir, you didn't answer any of my questions! May I please request you to please spare some time and answer. BTW, ustraveldocs don't give any answers different from the generic replies for administrative processing, similar to whats visible on ceac tracker, and the only thing one can do is wait indefinitely and clueless! I am sure you are aware of it.
----
Please note that I was awaiting the reply from Visa Officer but he chose to remain silent to my reply. He replied to replies from other participants, but missed to reply me!
May I please request you to get me the answers to my unanswered queries and concerns.
Please note that it was not so that he didn't had time and was busy answering other participants as there were very few queries. He even replied to the replies of the other participants who replied after me, but didn't reply to mine!
My only concern is to have the reply today as I've been waiting for this Friday for long time so may I please request you to get me the proper replies.
Thanks & Regards,
Vishal
