Wife got 221G(Green) inDelhi, 2 months later Passport returned without Visa stamping

[aks1234]

My wife and I both are on H1 b Visa. During our India visit we went for stamping at Delhi consulate. They gave me the Visa but asked for more docs for my wife by giving 221g Green form and kept her passport. With employers support, we submitted all the docs in 3rd week of Nov. My wife’s client is ok with her working from India and we know her contract would get extended. We were anxiously waiting to hear from Consulate until last week when we got a letter from Consulate with passport saying denial of Visa saying employer cannot provide employment.

I am in US on H1 with 140 clear and have a stamped Visa till end 2012. Do you anticipate any issue in getting my wife to US on H4 visa with the fact that her H1 B visa was rejected few weeks ago or should I wait and then try? It seems this issue is very common in Delhi consulate, if either of you have gone through this, please reply to this thread.

Thanks,

[shervin143]

Rejection of H1B will not impact applying for H4 visa since the reason for rejection is the employer and not your spouse.

[2_priya]

we are also in the same boat...its tough to say that...
but i guess, thy give H4 visa...
its only that they ask for more documentation for the H1 spouse...if at all they will ask...but i read that in such cases they give H4...
try to go to some other city this time if possible

[aks1234]

Thank you Shervin and 2_priya..I am also thinking of applying from a different city this time, probably Kolkata this time...

2_priya - so you are stuck in India and your husband is in US? If yes, is your husband working directly for a company or he works through a vendor for a client?

[2_priya]

Ya, he is in US...he is directly working with the company ...
no vendors here...

Also, I have heard that Kol is bit Lenient compare to other cities...

All the very best ....Hope you have a successful stamping

[aks1234]

My wife came to US on H4 visa and then we applied for her H1 and she has been working for almost 2 years now. During India visit, her H1 got rejected as a result of 221g. I am trying to bring her to US on H4 visa. Below are some questions I need suggestion with while filling the Visa application form.

1. Were you previously employed?
Ans. I am guessing I should select yes. Please correct.

2. What is the employment date?
Should I put employment start date as when she got her H1(oct 2008) or the date she started working( early 2009)?

Should the employment end date be the date when we received the visa rejection letter from embassy or something else?

3. Has your US Visa been ever cancelled or revoked?
This and the next question sounds same. Please suggest the best answer.

4. Have you ever been refused a US Visa, been refused admission to the US, or withdrawn your application for admission at the entry point?
What should be put in the reason section.


5. What is your home address and mailing address(where passport would be sent)?
Should I put US address or should I put my India's address where the passport would come?

6. Does she need to carry original marriage certificate or even duplicate would work. For the 1st time she came to US on H4 visa.

Thanks.

[sairam_hb]

why was her h1 rejected

[shervin143]

1. Were you previously employed?
Ans. I am guessing I should select yes. Please correct.
>>> She was working before on H1B status, right? Then you need to answer YES.

2. What is the employment date?
Should I put employment start date as when she got her H1(oct 2008) or the date she started working( early 2009)?
>>> If that H1B was a COS from H4, then she is supposed to be working from the effective date of the COS. The effective date of the COS is her employment start date. If she was on bench during that period, then that could be the main reason why her H1B stamping got rejected.

Should the employment end date be the date when we received the visa rejection letter from embassy or something else?
>>> It should be the last day of the last pay check.

3. Has your US Visa been ever cancelled or revoked?
This and the next question sounds same. Please suggest the best answer.
>>> You can answer NO if the consulate never revoked or cancelled a previous visa. Check the visa page in the passport.

4. Have you ever been refused a US Visa, been refused admission to the US, or withdrawn your application for admission at the entry point?
What should be put in the reason section.
>>> You need to answer YES. The consulate would have provided the reason for rejection in the H1B visa denial letter.

5. What is your home address and mailing address(where passport would be sent)?
Should I put US address or should I put my India's address where the passport would come?
>>> Give the Indian address where the consulate can contact you in case they want to.

6. Does she need to carry original marriage certificate or even duplicate would work. For the 1st time she came to US on H4 visa.
>>> She will need to carry the original.

[aks1234]

Letter we received had info like this -

we are not able to issue you work visa because your petitioner does not appear to be either able or willing to provide qualifying employment in US in accordance with appropriate law and regulation. In accordance with US law and dept of state guidelines, action on your case has been suspended and i-129 will be returned to uscis. us embassy in new delhi is no longer handling your case and will be unable to give you any info. fyi ur visa was refused under 221g of immigraion and nationality act INA.

[vineet1974]

Green form received for 221(g) H1B stamping New Delhi


Hi,

I have received 221(g) green form on 8-12-2010 for stamping of H1B with family. Visa Officer has asked me submit some additional documents required from my employer along with all the passports at VFS office. I have submitted all the required documents and passports on 30-12-2010 at New Delhi US VFS Office. At the end of the interview, Visa Officer told me that there is no problem with my particulars, but only my US employer is small and they would need some additional documents before taking any decision.

I am too much worried about the outcome. I think asking for submission of passports along with the documents is a positive sign for stamping.

All of you are requested to please share your views for my case and help me.

Thanks

VG

[aks1234]

We applied for h4 for my wife, she got the visa stamped. Thank you immihelp and Shervin!!!