H1b - No 221g - Cross Verification For Us Employer - All Original Docs Sullendered

[sri001]

Dear All...

Today I received mail from chennai consulate states that only......

In accordance with United States law and Department of State
guidelines, action on your case has been suspended, and your petition for a
Non-immigrant Worker filed on your behalf is being returned to the
United States Citizenship and Immigration Services (USCIS) on with a
memorandum explaining the facts of your case as presented to us at the
time of interview. The U.S. Consulate in Chennai is no longer handling
your case, and will be unable to give you any information on the status
of your petition.

They didnt handover any handouts to me...

Rgds,
Sri

[sreedeviReddy]

Hello Friends...Great Job...Lets Keep it Up...

Dear Friends,

To start with, I would like to Appreciate the Efforts and the Attention shown by our friends out here in sharing the most valuable experience and also the Information that they could gather. We here are making lives easier for few ( Actually Many ) by passing on the Info to the Needed ones; At the same time Giving a Positive ray of Hope for those who lost their Hearts on this Issue.

And I also hope that We all support in Keeping this DISCUSSION active at the same Time RESTRICTED to this Particular TOPIC ONLY and Lets NOT deviate ourselves from it.

Ok getting back to the Topic, Two of our readers had taken the pain in immediately letting us know the actual mail that they had received today from the consulate regarding the same Issue as ours and it says:

“ Based on the documents you have submitted to us and the information elicited in your interview with American Consular Officer you do not appear qualified for an H1B temporary work visa ”

" In accordance with United States law and Department of State guidelines action on your case has been suspended, and your petition for a Non-immigrant Worker filed on your behalf was returned to the United States Citizenship and Immigration Services (USCIS) with a memorandum explaining the facts of your case as presented to us at the time of interview. The U.S. Consulate in Chennai is no longer handling your case, and will be unable to give you any information on the status of your petition”

This is a Clear cut intimation that the case is not completely Shut for good, but are put to Verification with the USCIS, due to various possible reasons (This is the body which gives us the initial Approval - I 797).

NOW!!! What Happens in the USCIS (This information was Gathered Purely based on my Research, Info Gathered and also from few Attorneys with whom I personally spoke to – NOT to blindly go with it)

 The Application is sent back to USCIS with a cover letter Explaining the First hand Impression / Out come which the VO has experienced with you. They would include the facts which they had drawn out from your personal Interview and the documents that you have submitted (with or without 221G).

 Here at the USCIS they will again scrutinize all the documents including I129+LCA+DS156**57+ Documents submitted by you as per 221G ( If given ) mainly looking for the document where they had the doubt ( Most of the Cases its either the Project related or Federal Tax Returns ) . There are few figures on the Tax returns which they look for which gives them clear cut information regarding the salaries paid, employees on Bench and mainly – whether it is a Body Shopping negotiator or a Genuine Development Company.

 If they have further doubts, they walk in into the company or Call or Fax your Employer asking for a clarification.

 The COST for carrying out the whole process that we are talking about is already paid by YOU in advance (am not sure if many of you are aware of that). An amount of approx USD 500 is collected well in advance (at the time your Petition is filed) as a Fraud Detection and Prevention Fee to the Department of Homeland Security (DHS) which is later utilized for this process.

 If USCIS is satisfied with the Employers explanation, and if they react to the communication promptly with right information, they will Approve your Visa right away and will intimate your concerned Zonal Consulate or the Consulate Mentioned on your 797 requesting them to issue you a VISA which would in turn send you a Letter (hard copy) or an Email asking you to post your Passport via VFS for the Stamping. (This is the Outcome if they had the uncertainty regarding the Employers Side of the Story or Documents or other issues related to your Employer).

 But, If the Reason for returning your case to USCIS is based on your Ineligibility for a H1B (Like any Mis-Representation of Facts, Not able to acquire Qualifying Bench Mark like Bachelors in Comp Science, Minimum Required Work Experience, If Educational Evaluation unsatisfactory, other issues related to Your Side of the Story or related only to your Facts) Then the chances of getting a Positive Response is thinner. ( Again not ruled Out )

Usually the Delayed / Refusal cases are categorized under these Categories:

 221G : A simple BLUE form asking for Extra Supporting Documents required by them to take a decision on your Visa Issuance. A case Number is Marked on this Form for your further communication.
 221G : A PINK form, which means your case is put forth for further Administrative Processing – You will be given a Reference ID for you to Track the Details of your Case online. This is mostly issued if they are not satisfied about your current employer or Work Experience related information in IND or any other issues related to your Qualification or Other issues beyond our Knowledge.
These PINK forms were given to one candidate coz his Name / Surname is very commonly used and hence they wanted to check for some intrinsic security checks before they could come to any decision with his case. and in another case which was purely a case of “Administrative Processing” But the reasons still remain disclosed, He was also given a Reference ID different from his Initial 221G ID, but this case still mysteriously remains Pending since 2006 July.

 221G : A WHITE form is a complex category 221G - They return the Case to USCIS for further Verification. ( Reason of doubt not Known ) Most of the cases we can zero onto Employers Issues.
 214B : Your Case is rejected presuming you to be a Potential Immigrant. – This is straight on the spot Denial of Visa ( I guess a Far better Scenario) mostly issued for H4.
 NO CODE - NO FORM: This was my category where I was not given any Handout or any Code, but the Case been referred to USCIS for further Processing. I presume this case also comes under the 221G White Form Category.

So!!! Dear friends, I have thought of Summing up the Information that was shared till date into one reading and also by adding some Latest developments that were come across in the recent past. So that it shall make it lot easier for YOU to go through.

Thank you for Patiently Reading all the way down,

One Final Request for all of You, If we all can Clearly write down precisely their DATES of Visit and Further visits and the Dates when they Got their Intimation from Consulate and ALL other Communication Dates Between You and The Consulate. I am Sure It will Prove Very Useful to everyone of Us to assess an Approximate Time Frame depending on the Nature of their Individual Cases.

Regards,
Sreedevi Reddy

*** If you find anything wrong in the above Reading, then Please do Let me know.

[Madmox]

This is wonderful Info

Madmox says "Zillion thanks" to Sreedevi.

Sreedevi,

You gave a good insight of ..... what goes beyond white 221(G). Thanks.
You summed up greatly.

But I have the following comments. PLEASE THROW UR VIEWPOINTS.

BLUE Form also has a section "adminstrative processing. your case is sent to USCIS. USCIS will get back to your petitioner". Then why should they give you
white forms and say we are no longer handling your case.

PINK Form is often issued to F1 , J1 aspirants... and may not have to do with employers. This is what I believe is security clearance. This is also kinda admin processing. When you have common names may be related to terrorist groups or if you are doing research in US or if you did or about to do an advanced course in US or if you are graduate in a technology(on which US has a scanner) , you are most likely to be given PINK form. And these cases are sent to DOS (US Department of State) and you can track the status on these cases.

How many of the ppl , whom u know or have spoken to, got this PINK FORM?
Did you get a chance to see this form? Is it mentioned anywhere that this has to do with employer?

And 214B is usually given to students (F1,J1). H4 aspirant can have dual intent. H1 aspirant can have dual intent.
Dual intent = intent to work + intent to immigrate. So usually H1 aspirants donot get 214B. Students cannot have dual intent and they must prove they are
going to comeback.

[malcomneo]

I was issued 221(g) – blue form on 1st March 2007

This site is really turning out to give me useful information,

I beleive SreeDevi you are playing a vital part in it.

------------------------------------------------------------------

You see I am facing the a problem right now for my US L1 Visa

1) My L1 blanket got refused under 221(g) on September 12th 2006

2) I was issued 221(g) – blue form on 1st March 2007 for L1 Individual

The VO ( Visa Officer) check the below given statement in the 221(g) form

“The petition is being returned to USCIS for further review. Upon completion of the review, USCIS will contact your petitioner. Please wait for a notification from the consulate before returning”

----------------------------------------------------------

I believe that the VO would have issued me 221(g) blue form, since i was not clear with the facts. i applied VISA through BEP - Business Executive Plan.

as sree devi said -
"Mis-Representation of Facts"

I am not sure what is going to happen.

i was made to face the same VO the second time too.

[malcomneo]

what is the abbrevation of AAP

Hi all,

by the way we all now know what USCIS stands for

but what does AAP stands for?

Regards,
Niyaz

[Madmox]

RE: Malcomneo

Hey Malcomneo..

Welcome to this thread... but

I am quite afraid if you are deviating us. Your case is L1 and we are
worried only about H1.

Even I have L1 blanket visa(thru BEP). They did not ask me a single question.
They are seriously doubting your employer. May be they doubt mis-representation of facts. COULD BE ANYTHING, beyond our comprehension.

I guess you dont find much info for your case, in this thread. But you are most welcome to talk about H1B 221(g)

AAP --> Additional Administrative Processing

Thanks

[sreedeviReddy]

Hello Guys n Gals – New color for this Holi - YELLOW

YELLOW - 221G

Hello Friends,

Chennai consulate is getting colorful day after day. There is Yet another new colored Feather being added on our Hat – Yeah Right - YELLOW 221 G

Here it Goes: "Your application is pending under Section 221(g) of the Immigration and Nationality Act (INA) for mandatory administrative processing. We do not have the authority to take any action on this case until we receive the required clearance from the State Department. We will contact you as soon as we receive a response from the State Department regarding this case."

Shall keep you posted once I am aware with full details regarding the same…

Till then,
Have Fun,

Regards,
Sreedevi Reddy

[sreedeviReddy]

Hello Madmox - Keep the Good Work Going...

Hello Madmox,

Hey!!! Thank You Madmox, For actually taking time in throwing light on some of the Issues, that we have been Discussing. It makes Information more Resourceful , more Useful and more Importantly induces lot of QUALITY into it. This Eliminates the room for people to publish their Guess Work than sheer Experiences and reliable Information.

“ Very Much Appreciated ”

You are Right H4 and H1 are Visas with Dual Intent, According to my understanding, it’s just an option regarding your Intent, Only after you have been to the US for quite some time establishing strong roots. After we apply for what’s called as “Adjustment in status / Permanent Residency / Green Card” that is when they once again look into your Matter and then grade you based on certain facts like, Your Back ground check, your Financial status, Work status, field of Work and many other Issues including Credit reporting, Offences ( if any ) are the ones to name a few AND then decide upon your Eligibility. And Untill Then we are still expected to return to Home country. For all other purposes they can still REJECT an H1 Applicant on the Grounds of 214B (Potential Immigrant) – As said again, I am not dreadfully sure of this fact but was informed by some reliable source. – I am more than Happy to Edit this part if I am Proved Wrong.

I guess you mistook my case of having received a White 221G Form ( In fact, I received None).

And Yes, I did personally speak to 2 people (H1b Applicants) who were given a PINK 221G form, though I didn’t get a chance to lay my Hands on any of them.

These PINK forms were given to one candidate coz his Name / Surname is very commonly used and hence they wanted to check for some intrinsic security checks before they could come to any decision with his case.

The Other case, was purely a case of “Administrative Processing” But the reasons still remain disclosed, He was also given a Reference ID different from his Initial 221G ID, but this case still mysteriously remains Pending since 2006 July.

And Yes, I accept that, It is not necessarily to do only with the Employer, but again - I am not able to recollect one of my colleagues name who If i am not Wrong - Got a 221G PINK form for an Employer related Query.

Regards,
Sreedevi Reddy

[Madmox]

Re: Sreedevi

Hi Sreedevi,

I was not thinking your case to be white 221(g). I strongly put your case in 221(G) Blue (Admin Processing section checked).

If white is given, it takes a long long long time. (I've never seen ppl hearing back after white 221(G), and what you said that goes after 221(g), perhaps may be true, but I've never heard success after that).

You still appear to be eligible to them. Chennai consulate still is responsible to talk about your application status, and you can use your old ref ID. They would not issue new ref ID for your subsequent appearance after your first 221(G). (coz that contains your original date of appearance in Julian form)

You still have great chance. If your employer is genuine(I should say, if he is not completly fraud), you would sure have visa in your pocket. But you need to wait patiently. Keep asking for your status every two weeks. Have your employer call USCIS and talk to them, if he has the guts to fight your case.

The fact that he has promptly sent you required docs (duly notarized), makes me feel he is kinda genuine. Do not worry!

Have you taken with you, the inhouse project specs and market analysis docs on your second visit?

Good Luck!

[khasim]

hello all

hello all,
thanks to all regarding useful information posted here,
my query is "no form and no case id givin to me after my interview ,the visa officer told me after verification we will get bac to me" ,they are taken orginal US docs from me.i hav been waiting past three months ,till today i didn't get any mail from them,how can i contact to consulate regarding my status and case id .i know few only people will get these type quiris .if any one know abt this query ,pls reply me

thanks and regards
khasim

[cbz]

hi all,

First a very big applause for all the spirited guys who are actively involving them in ths topic..

To be honest i lost faith in my H1 & planned to forget it and look for future..But now after reading ths threads i have gained confidence to retain me in ths h1 venture..

So u guys can pat on ur back to pull me again in to ths loop

let me summarise my case
1)dec 28th 2006 , first H1 visa interview
2)221-G blue form askin Tax sheet, wage report,employer list & proj spec
3)mar 06, 2007 , reappeared for submitting docs
4)VO said tax sheets are not proper and shes returning the 1-797 to USCIS
5)gave my passport back ...but took almost all the docs frm me..

Highlights >>

1) NO Handout - No hand out was issued??
Does ths mean i can still wait for my case ..can i mail them with a referecne numer written on my previous 221-g bnlue form

2)When wil i get a mail??
Here in this thread i saw for "Sri" he got a mail sayin the case is sent to uscis...will i get any such mails since i din get the handout?? .wil my employer be intimated abt ths too ??

3)Employer is tracking it
My employer is really pised of as the same tax sheet was thru wit delhi , hence they are mailing consulate on ths..

4)prospects of getting Visa
Since my company has reputaion in getin visa already for same set of docs..the chances of geting visa is good..right???

So ppl here in ths trhead are extremely good in sharing info..pls do the smae in future..let us all help each other and hopefully get the visa ultimately..

all the best for all


regds
CBZ

[Madmox]

Re: Cbz

CBZ,

Since they did not give any hand out in your case, let us confirm.

Send an email to the consulate... quoting your old ref ID and ask for the status. Once you get the reply we can see.... where you are and what you can do. All the best.

[Madmox]

Re: Khasim

Khasim,

Send a mail to [email protected], with your passport details and appointment date and request for the reference ID, for the future communication. Also request them for the status of your application.

[cbz]

Hi madmox,

thanks.

Now whn i see my blue hand out..ther is a number written by the VO in free hand..

Its read as 362-2X6-X ( actually in place of number i replaced with X)

shd i quote this number as refernce??? hw shd i send a mail??

any formats available?

regds
cbz

[sreedeviReddy]

Welcome Back...CBZZZZ...Good to See You

hi all,

First a very big applause for all the spirited guys who are actively involving them in ths topic..

To be honest i lost faith in my H1 & planned to forget it and look for future..But now after reading ths threads i have gained confidence to retain me in ths h1 venture..

So u guys can pat on ur back to pull me again in to ths loop

let me summarise my case
1)dec 28th 2006 , first H1 visa interview
2)221-G blue form askin Tax sheet, wage report,employer list & proj spec
3)mar 06, 2007 , reappeared for submitting docs
4)VO said tax sheets are not proper and shes returning the 1-797 to USCIS
5)gave my passport back ...but took almost all the docs frm me..

Highlights >>

1) NO Handout - No hand out was issued??
Does ths mean i can still wait for my case ..can i mail them with a referecne numer written on my previous 221-g bnlue form

2)When wil i get a mail??
Here in this thread i saw for "Sri" he got a mail sayin the case is sent to uscis...will i get any such mails since i din get the handout?? .wil my employer be intimated abt ths too ??

3)Employer is tracking it
My employer is really pised of as the same tax sheet was thru wit delhi , hence they are mailing consulate on ths..

4)prospects of getting Visa
Since my company has reputaion in getin visa already for same set of docs..the chances of geting visa is good..right???

So ppl here in ths trhead are extremely good in sharing info..pls do the smae in future..let us all help each other and hopefully get the visa ultimately..

all the best for all


regds
CBZ

Hello CBZ,

First of all, You definitely need a Pat on your shoulder for not Loosing optimism on this Issue. So, Formally – ‘Welcome Back to the Jungle’.

“When you are worth something then You Really Are, Who are they to decide on what you are worth of” – So Believe in yourself and fight for It. Don’t loose your Heart, nor leave the battle field unfought, Loosing or Winning is a Different Issue – Welcome and Good to see You Back.

1) NO Handout - No hand out was issued??

This Means, you stil have lots of hopes left on this case, Usually they don’t encourage people to mail them enquiring about their cases. But here it has already surpassed 3 months, So without any delay, you right away shoot an Email to this Address “[email protected]” with details regarding your case like Passport#, I797# and your previous 221G case#. They have replied to most of the emails. So, Go Ahead with it right away.

2) When wil i get a mail??

True, in this Thread ‘sri001’ got an email almost immediately after he had sent an email to them, but I got response after 3 days. So I guess there is no harm in mailing them and also can expect a reply within maximum 4 working days. Well, in cases like these, its your Employer who will be contacted first ( If the case is pending due to your Employers issue). But let the communication between you and your Employer be Frequent.

3) Employer is tracking it...

Good that your Employer is trying to solve this issue or at least trying to follow it up. It is always suggested to keep your Employer in the Fore front in contacting the Consulate and if the Case is sent to USCIS, then he can very well follow it up there. Keep getting updates from your Employer and also keep him updated.


4)prospects of getting Visa???

Keeping in mind the Reputation of your company and its history of successful granting of visas under their banner is a very good sign of making the chances brighter in your case. I am hoping that the chances are still High, coz even in my case, there are lot of people Going through with the same set of Docs. So this question Still remains unanswered as of How it can be possible – where it can be wrong in a particular case and Correct with the Other.

So, I hope all your uncertainties are clear now.

Regards,
Sreedevi Reddy