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

[keith1782]

221(g) on Sep11

Hello Boys & Gals.

I have thru this thread , feel like sharing my experiences as well.

Looks like Gals are ruling this thread. Anywayz, as long as one can get answer to his/her question, that's enough.

I have been to Almighty Chennai consulate on sep 11 2007 221(G) as usual requesting for additional documents.
He had checked all the options listed under from "YOUR EMPLOYER" section in the form.
I do have some of them with me on my interview date but that guy didn't ask so I didn't share because many people suggested to share the documents which are requested and I did that.

I also confirmed with VO about dropping the passport but he said no just drop the documents requested, interestingly on the bacjk of the form they checked the passport check box under the list documents to drop thru VFS service.

So I am little confused about dropping the passport along with the documents.Can any one suggest.?
I have already lost my hope on this and started woorking on other options in india. But I do have a query to you guys.

I have a valid B1B2 visa for the next yrs.
Does any think that I can go there on this Visa thru the same employer and change the status..did I make sense?? PLease let me know.

Thanks for patiently going thru my story.

--Keith.

[dinakarn]

plzzz help

hi all..
all u guys r doin a very good job...this is very helpful..

i attended chennai consulate in 28 nov 2006 n was given a 221g blue form saying my case required furthur admin pro..i was waiting all this time as i was told that the consulate would contact me..recently i mailed to the chennai consulate n here's the reply i received 4rm chennai consulate..

Our records show on March 22, 2007 your H1b case was returned to the adjudiction center for a reveiw and possible revocation. Since this office no longer handles your case, any further information/assistance must be made with the USCIS which approved your petition earlier.

i cheked the USCIS site n it said the following...


Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: This case has been received from the State Department with a request we review it.
On May 17, 2007, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address.

now i am confused...what does this mean? do i have still have a chance? i read all the posts in this thread n now i dont know what to think...
sridevi garu or anyone can pls help me understand what this means n what do i do now...i'm very frustrated ...

thankyou,
d

[ss001]

Got reapproval mail from USCIS after 221(g)white

Hi,

I have through this thread ,I feel like sharing my experiences with you.
You guys r doing very great job,which is very very needful.
Firstly I would like to say thanks to Sridevi reddy.

Let me explain my case.

Im from Hyderabad.
I attended H1B interview in 7th,Nov-06.
But it got rejected under 221(g)[white],which says
"In accordance with United States law and Department of State guidelines, action on your case has been suspended…………………………….,
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."

After that I sent an email to Chennai consulate regarding my issue,they replied that they are no longer handling my case.I was completly disappointed.

After 8months of long wait, Surprisingly,I received the following e-mail from USCIS,

The last processing action taken on your case
Application Type: I129 , PETITION FOR A NONIMMIGRANT WORKER

Current Status: Notice reaffirming approval mailed to you and case sent to the Department of State.

On July 16, 2007, we mailed a notice to you reaffirming the approval of this case and returned the case to the Department of State for visa processing. For more information, please contact them directly.

I contacted my employer regarding the same and I sent a mail to Chennai consulate regarding the updation mail from USCIS and what to do next.
Consulate people replied that
“when u get original hard copy of I-797, u can directly attend the interview on tue/ wed/ thu B/W 9.00-12.00am”

After 15 days of horrible wait, my employer replied that they had received a notice (I-797c) ,with the following content,
"This is to advice you that we have reaffirmed our previous decision on the above application or petition which the Department of State had previously returned for review.We have forwarded the case back to the Department of State for action."

Afre that I contacted Department of sate for visa processing to know more about my case status,one of the visa officers told me that
my case has been reapproved and further Chennai Consulte would be taking the final decission on my case.
I contacted Chennai Consulate regarding the same.I sent a detailed mail of my case and soft copy of I-797C.they told me to attend the interview again with the reapproved petition which I had.
My employer sent all the doc’s including I-797C.I thought to call DOS before attending the interview.I called DOS,they told that I-797C has sent to employer.Which was just a notice that we reapproved the case.It would take 90-120 days to get the detailed reapproved petiton that is I-797(note that the reapproved petiton earlier I Got was I-797C).I was totally shocked. But I decided to attend the interview.But one of my friends who got the same reapproved petiton after 221(g) white,he had been to consulte to attend the interview. But they told the same thing that u need to wait till u get I-797.
Again I called to DOS,they were telling that consulate would be dealing your case.
I don’t know what is going on with my case.Nobody is giving correct information.
Already 120 day got over but till now I didn’t get any information on my case.
I keep on calling to DOS, they are giving different answers.

Please any one advice me on my case.is there any chance of getting visa.
How many days it would take to get I-797 from DOS.
Any suggestion in this regards will be greatly appreciated.

I hope you guys will also get the call from consulate soon.Never loose hopes.you will definatly get it but just matter of time.

Sorry for taking your time. Thank you somuch for reading my mail long patiently.

[chemineer]

hi ss

hi ss,
i also got same message from USCIS stating that,ur reapproved case send to the department of state for visa processing.i got this mail on June 18.still my employer did not received any I-797C form.wat is happening i am not understanding.how many days it wil take for process.
if u hav any updates plz share with us.
Thanks and Regards
chemineer

[ss001]

regarding 221(g) process

Hi,

I got the following information on 221(g) process.

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

221(g):

The document issued by the Department of State under Section 221(g) of the Immigration and Nationality Act (INA) is for the most part used for requesting additional information from the beneficiary such as missing documents, additional evidence, or advising them of not being able to issue their visa due to pending name/security checks i.e. Administrative Processing However, Section 221(g) is also used by the Department of State when returning petitions/applications to the USCIS for further review ultimately recommending revocation.


Why are Petitions/Applications Returned to the USCIS by an Embassy/Consulate Under Section 221(g)?

Petitions/applications are returned for a variety of case specific reasons. Returning a petition/application to the USCIS means that the embassy/consulate refuses to issue a visa to the beneficiary, but they do not have specific evidence to actually deny a visa application. So the next best thing to do is return the petition/application to the USCIS office where the petition was originally filed requesting further review and ultimately recommending revocation.

What Happens When a Petition/Application is Returned to the USCIS by an Embassy/Consulate?


• 221(g) is issued to beneficiary at conclusion of the interview stating the application and/or petition is being returned to the United States.
• Petition is returned to the United States by the interviewing consulate for "further review"
• Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management.
• Returned petition is sent to the local USCIS service center where the petition was originally filed and approved.
• Local service center receives returned petition.
• Local service center who processed the original petition sends a notice of receipt to the petitioner.
• Local service center reviews the returned petition and consular officer notes on the case.
• Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut.
• Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter.
• Local service center receives evidence...if in the timeframe given (30-60 days) the case is reviewed and either original approval is reaffirmed or the petition is officially denied.
• If the petition is denied the local service center sends the petitioner an 'official' denial letter. This can be officially appealed if the denial letter states such.
• If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation.
• Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.
• Consulate notifies the beneficiary of a new interview date.
• Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via Section 221(g) and returned again to the USCIS with a recommendation for revocation.


Hope with the above process one can judge the timeline for his/her Visa approval.

thanks & regards,
ss.

[YSM]

Yes, you do have a very good chance of getting your H1 re-approved.

Your case travelled from Indian consulate to US depratment of state and now it was forwarded to USCIS(which is what the status that you saw online). So, now USCIS *May* re-approve your case and send back to Dept of state as well as Indian consulate.

I wish you the very best for your case..
Good luck

hi all..
all u guys r doin a very good job...this is very helpful..

i attended chennai consulate in 28 nov 2006 n was given a 221g blue form saying my case required furthur admin pro..i was waiting all this time as i was told that the consulate would contact me..recently i mailed to the chennai consulate n here's the reply i received 4rm chennai consulate..

Our records show on March 22, 2007 your H1b case was returned to the adjudiction center for a reveiw and possible revocation. Since this office no longer handles your case, any further information/assistance must be made with the USCIS which approved your petition earlier.

i cheked the USCIS site n it said the following...


Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: This case has been received from the State Department with a request we review it.
On May 17, 2007, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address.

now i am confused...what does this mean? do i have still have a chance? i read all the posts in this thread n now i dont know what to think...
sridevi garu or anyone can pls help me understand what this means n what do i do now...i'm very frustrated ...

thankyou,
d

[H1b_check]

Got 221g...need suggestion

Friends,

I have been going through this thread and it's providing a very helpful information on 221g process.

Let me share my experience with Chennai consulate...

I have attend the first interview on 11th Sept'2007 at Chennai consulate adn got 221(g) blue. He checked all the possible 'Employer' details check boxes. Specifically asked for 2005&06 TAX and employee status(wage) records. My to be employer in the market since 1993 with currently 50 employees. It's doing good according to me.

The interesting part is that when I met VO he just asked few questions like why I want to join so small org (current employer is a very big org) and education (B.Tech + PGDCA) and exp (8+). Then told me that "Sir, I don't have any issues from your side and you're eligible for H1B. But I do need to verify the TAX and employees status docs of your employer. Please ask for all the documents I am marking on this sheet and drop all along with any required specified on this sheet at Hyderabad VFS drop box". I am shocked because mine very genuine experience and I had everything except those two documents. I have been waiting for so long for entering US and to work from IT mecca. Suddenly, all dreams collapsed.

I even informed my employer that Chennai consulate is asking for these docs but he asked me just attend and I will get like few others already go stampted without those.

I immediately soon stepped out of consulate scanned the 221g and mailed to my employer with the details.

Then he said it's ok and not to worry much about it. They will talk to their attorney and "SEND THOSE REQUIRED DOCS TO VFS".

Now, I am really confused as VO asked me to drop all those docs in the box whereas my employer wants to send those ONLY to VFS as it's not for me.

Even after repeated email follow ups my employer did not respond and when I called him today he told me that they have already spoke to the attorney and I can check back in weeks time. He is still asking me drop the other docs without these (once they confirm) as they are going to fax to VFS directly.

Friends please let me know on the following:

1. Can employer directly send the 221(g) required docs to VFS?

2. Generally how much time it would take for VO to comeback after I drop the docs in box?

3. What are the chances of getting the H1b in my case?

4. Very Important: Can I change the employer and submit the fresh petition in 2008 from someother employer (very good US employer but could nto pass through the lottery system) that I missed in 2007. As he is contacting back me again now for 2008?

Please answer what ever you know on the above. It would be a great help from you all and I can take a decision on this asap.

Thanks a bunch in advance!!!

[H1b_check]

221g question

Can employer directly send 221(g) requested documents to VFS? Will they accept those if sent by FAX?

Or should the candidate submit thru dropbox as asked by VO.

[chemineer]

hi boss,
u have to submit docments thorough ur nearest VFS center.ok,for further information u can visit
https://www.immihelp.com/usa-visas/221grefusal/
best of luck

[varmadatla]

221g admin review

Hello Sridevi !

I had H1B interview at delhi consulate on 5 th NOV.
VO did nt ask any of my docs & certificates but she checked all the documents about the comapny & project.

I have given all the documents like W2,W3 forms, tax returns and many more from employer side i submit the same to the VO.

Later she said my case need admin review and want to review about the company & she has no issues from my side and she said it may take a months time.

She asked all the company's docs , but she did nt ask any of my docs & I129 & LCA aswell.

She gave me a green form and striked off all the list of docs(she said no docs needed) Jus written admin review at the top of the page with REF number

Could you please tell me whats next & do i need to take any action in this?

Thanks

[sagiprabhu]

i got another 221g after submiting all thge documents

Based on the documents you have submitted to us, and the information elicited in your interview with an American Consular Officer, we are not able to issue you an H-1B temporary work visa, because:

Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.

In accordance with United States law and Department of State guidelines, action on your case has been suspended, and the 1-129 Petition for a Non-Immigrant Worker filed on your behalf will be 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.

For your information, your visa was refused today under Section 221 (g) of the Immigration and Nationality Act (INA). Essentially, this section states that a visa cannot be issued to anyone whose application does not appear to the Consular Officer to meet the requirements of the INA or of the regulations thereunder.

[pavanjami]

Hi All..

As most of you, my case also Unique. I had appeared for interview on 1st Nov.My interview went well until he had asked me Client letter. It seems, he had not satisfied with client letter..so He had given 221g marking some of the docs from Petitioner.

Until this its fine.. as usuasl.. But he had retained

1) my ORIGINAL I797 doc and
2) The bunch of docs sent by Petitioner to me (Original employment offer, I129, LCA, Study evolution etc...)

-At last, it had given 221g from and he had written "NO PASSPORT" in others region.

-And before leaving.. he had also asked me to provide my original previous experience certificates.(I denied the same)

Can any one of you answer..
1) Does VO retain or return Original I797 form?
2) Do I need to drop Passport along with other docs or not?

Awaiting your valuable comments
-pavanjami
[email protected]

[pdeepakkumar]

got H1B stamped after 221g blue page(chennai consulate)

Hi Folks,
I got my H1b stamped on 24-oct-07.

I have been following the thread closely and it is very useful information posted here by lot of people like Sridevi reddy and others...

Here is my case details to keep up the motivations of the fellow 221g candidates:

24-sep-07 - interview date.
16-oct-07 - dropped the docs in VFS, hyd.
26-oct-07 - received my passport with visa stamped thru courier.

All the best folks.

Regards,
Deepak

[chemineer]

hi guys

wat happened guys no updates?

[bhaskarji]

What is your current status

Hi Dinakarn,

What is the current status of your H1 petition.

Regards,
Bhaskar

hi all..
all u guys r doin a very good job...this is very helpful..

i attended chennai consulate in 28 nov 2006 n was given a 221g blue form saying my case required furthur admin pro..i was waiting all this time as i was told that the consulate would contact me..recently i mailed to the chennai consulate n here's the reply i received 4rm chennai consulate..

Our records show on March 22, 2007 your H1b case was returned to the adjudiction center for a reveiw and possible revocation. Since this office no longer handles your case, any further information/assistance must be made with the USCIS which approved your petition earlier.

i cheked the USCIS site n it said the following...


Application Type: I129, PETITION FOR A NONIMMIGRANT WORKER
Current Status: This case has been received from the State Department with a request we review it.
On May 17, 2007, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address.

now i am confused...what does this mean? do i have still have a chance? i read all the posts in this thread n now i dont know what to think...
sridevi garu or anyone can pls help me understand what this means n what do i do now...i'm very frustrated ...

thankyou,
d