221(g) refusal for H1B, now in H4 status

[krithuk]

Hi everyone,

I got H1B petition approval on oct, 2007 and it valid until oct, 2010. I attended the visa interview on feb, 2008 in chennai, but they have given 221(g) form due to lack of some documents. Again submitted all the documents to VFS but my visa got refused (becoz of not producing client letter - which is not possible).

Got married on 2009 and got H4 on Feb, 2009. So I came to US on April, 2009. Will my H1B still valid? Can I apply for H4 to H1 tranfer this year?

Please help me.

Thanks

[txh1b]

Your employer has to file an amendment to COS for you. You can't.

[orion]

If the consulate finally denied your H1 visa, they might have sent the petition to be revoked. You need to check on that before you can apply for a COS.

[krithuk]

Thanks for the reply. As of now, My employer did not receive any documents which represent the petition has revoked.



Refusal letter which v received below.........

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 H1B temporary work visa, because

Your petitioner does not appear to be either able to willing to provide qualifiying employment in the united states in accordance with appropriate laws and regulations.

In accordance with US law & department of state guidelines action of your case has been suspended, and the I-129 petition for a non-immigrant worker filed 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.

Your visa was refused today under 221(g)....etc...

Please let me know whether my employer can go for COS

[txh1b]

You have to go for a new H1b as your visa number was probably recaptured as USCIS was notified by the consulate of the revoke.

[orion]

As of now, My employer did not receive any documents which represent the petition has revoked.

In accordance with US law & department of state guidelines action of your case has been suspended, and the I-129 petition for a non-immigrant worker filed 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

It was revoked.

[krithuk]

How do we find whether it has been revoked or not? Will my employer/lawyer receive any letter for revoke? Or Can my employer/ I can call INS to verify the H1B revoke?

Please let me know..

Thanks

[txh1b]

If the consulate said it is returning the petition for a revoke, how much more would you need to "prove" it?