Visa Refusal after 221g Green - Seniors Need Help

[alohamora]

Hello Friends,

I got 221g green and I submitted my documents at dropbox in US Consulate New Delhi on 19th Oct, Yesterday evening they sent me a letter at my home address stating:

Based on documents ... we are not able to issue you an H1B temporary work visa, because"

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

In accordance with United States Department of State guidelines, action on your case has been suspended, and the I-129 Petition for a Non-Immigrant Worker filled on your behalf will be returned to USCIS with a memorandum explaining the facts of your case as presented to us at the time of Interview. The US Embassy in New Delhi is no longer handeling 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 INA, this section states that a visa cannot be issued to anyone whose application does not appear to the Consular Officer to meet the requirments of the INA or of the regulations thereunder.

Thank You


Now there are two things on my mind:

1. They are saying action on your case has been suspended,
does that mean my petitioner can still contact USCIS through his lawyer to take further action and processing on this case.

or

2. They are also saying your visa was refused
what does this mean.

I talked to my employer, he said to me that now the papers will go back to USCIS and USCIS will send a letter to the employer's (petitioner) lawyer, and after that if the petitioner is able to answer/clerify the questiona and doubts then the processing will resume, and there will be still change to get the visa.

PLEASE SENIORS HELP ME, I AM VERY UPSET AND DEPRESSED BECAUSE OF ALL THIS HAPPENING AND NO MIND TO THINK.
PLEASE HELP

Any body in same situation, plz share your experience.

Hope for the best

Aloha

[dil79m]

221g - commented with no passport

Hello Friends,

I attended interview on 2nd november, the VO asked very few questions like
1. Did i finish MCA... i said yes
2. VO asked me to show my MCA OD and certificates.. i showed her
3. what do u do after joining my employer... i explained
4. what r the products of my employer.. i answered.

after that she typed something and turned to me and given the 221g blue form and told me to send all the documents along with the form and passport. But the confusing part is she wrote " NO PASSPORT " on the 221g form.

Could anyone help me regarding this. what does it mean. Did any one got this kind of situatuion.

Thanks
Dileep

[alohamora]

Hello Friends,

I got 221g green and I submitted my documents at dropbox in US Consulate New Delhi on 19th Oct, Yesterday evening they sent me a letter at my home address stating:

Based on documents ... we are not able to issue you an H1B temporary work visa, because"

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

In accordance with United States Department of State guidelines, action on your case has been suspended, and the I-129 Petition for a Non-Immigrant Worker filled on your behalf will be returned to USCIS with a memorandum explaining the facts of your case as presented to us at the time of Interview. The US Embassy in New Delhi is no longer handeling 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 INA, this section states that a visa cannot be issued to anyone whose application does not appear to the Consular Officer to meet the requirments of the INA or of the regulations thereunder.

Thank You


Now there are two things on my mind:

1. They are saying action on your case has been suspended,
does that mean my petitioner can still contact USCIS through his lawyer to take further action and processing on this case.

or

2. They are also saying your visa was refused
what does this mean.

I talked to my employer, he said to me that now the papers will go back to USCIS and USCIS will send a letter to the employer's (petitioner) lawyer, and after that if the petitioner is able to answer/clerify the questiona and doubts then the processing will resume, and there will be still change to get the visa.

PLEASE SENIORS HELP ME, I AM VERY UPSET AND DEPRESSED BECAUSE OF ALL THIS HAPPENING AND NO MIND TO THINK.
PLEASE HELP

Any body in same situation, plz share your experience.

Hope for the best

Aloha

Seniors Plz Give you kind advise to me, I am so hopeless at the moment.

Aloha

[Subramanya]

221g

I got 221g green and I submitted my documents at dropbox in US Consulate New Delhi on 19th Oct, Yesterday evening they sent me a letter at my home address stating:

[I]Based on documents ... we are not able to issue you an H1B temporary work visa, because"

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

In accordance with United States Department of State guidelines, action on your case has been suspended, and the I-129 Petition for a Non-Immigrant Worker filled on your behalf will be returned to USCIS with a memorandum explaining the facts of your case as presented to us at the time of Interview. The US Embassy in New Delhi is no longer handeling 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 INA, this section states that a visa cannot be issued to anyone whose application does not appear to the Consular Officer to meet the requirments of the INA or of the regulations thereunder.

Now there are two things on my mind:

1. They are saying action on your case has been suspended,
does that mean my petitioner can still contact USCIS through his lawyer to take further action and processing on this case.

---- The employer may contact the USCIS, but the reply will be a standard reply stating that your application is under review and consideration

---- The best alternative is to await a decision from the USCIS. This may take a long time, but there is little choice in this matter

or

2. They are also saying your visa was refused
what does this mean.

---- As the US Consular Office has written, your Vis stands refused as per their reasons. This measn at this time tehy cannot issue a Visa to you until they hear back from USCIS regarding your case. Again this may take its own course of time and you'll have to wait for the decision

I talked to my employer, he said to me that now the
papers will go back to USCIS and USCIS will send a letter to the employer's (petitioner) lawyer, and after that if the petitioner is able to answer/clerify the questiona and doubts then the processing will resume, and there will be still change to get the visa.

---- It is a matter between you adn the employer. If the employer can retain your job and wait for you, that is fine. But if you are given an ultimatum, there is very littel that can be done about it, excepting trasnferring your H1 to another employer

Subramanya

[alohamora]

---- As the US Consular Office has written, your Vis stands refused as per their reasons. This measn at this time tehy cannot issue a Visa to you until they hear back from USCIS regarding your case. Again this may take its own course of time and you'll have to wait for the decision

I talked to my employer, he said to me that now the
papers will go back to USCIS and USCIS will send a letter to the employer's (petitioner) lawyer, and after that if the petitioner is able to answer/clerify the questiona and doubts then the processing will resume, and there will be still change to get the visa.

---- It is a matter between you adn the employer. If the employer can retain your job and wait for you, that is fine. But if you are given an ultimatum, there is very littel that can be done about it, excepting trasnferring your H1 to another employer

Subramanya

Thanks Subramanya,

So that means if my employer is interested to retain my job and he want to deal with in there in the US with USCIS then I Still have Hope??

Subramanya My Employer is willing to do that for me, Can you tell me what his lawyer will do about it. I mean on 22nd OCt they refused my case and sent the papers back to USCIS, now when my employer can start processing on it? do he need to hear something from USCIS regarding this before he may actually start further process for it.

Plz Reply

Thanks a ton
Aloha

[santhosh9]

Hi Aloha,

same situation with me, my visa got refused after receiving 221 - green
with the same reason.

may i know who is your employer.

[email protected]

Regards,
santhosh

[alohamora]

Hi Aloha,

same situation with me, my visa got refused after receiving 221 - green
with the same reason.

may i know who is your employer.

[email protected]

Regards,
santhosh

Hi santhosh,

Sent you an email on the above email with my cell number, I had talked to my employer, Still there is some hope as he is interested.

See what happends.

All the best

Aloha