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Hello Experts, Sherwin,
I want to share my visa refusal experience with you and want the best suggestions from you on how I can go well from here if I want to work in USA.
Here is my experience,
List of documents submitted to Kolkata consulate.
2 no of I 797A's ( one old one(1-Inhouse project), 2-Amended petition when I got a project at client side)
The H1B package given by my company's attorney.
Hdfc receipt
Photos,
Letter from my sponsor on my Wife's H4 visa issuance, that letter also described my current annual salary and fulltime job at the company.
The Interview conversation with Officer,
My wife and I had attended the interview together at Kolkata consulate on June 8th at 9:15 AM.
He started taking fingerprints ( All ten fingers) without even saying hello to us.
Questions to me:
I said good morning to the officer He replied good morning.
He was checking all the documents without asking me anything and said, Are you working at a client place or at a company location
I replied client location
Do you have any vendors between your employer and your client
I replied 2 vendors after my sponsoring company, one is A and second is B, also explained the end client C is B company's client, B company itself is a big fortune 500 company, my sponsoring company->A -> B ->C
Do you have contracts between your company and vendors as well as vendors to the client?
I replied Yes and said everything is in a package
He said yes, the docs are in the package, he can see that.
I also told him that I am already working for this client.
He saw my passport and he saw the old student visa and he said, Is this visa over? I said yes and I explained my stay at USA for 4 years and 5 months. He canceled that old student visa. I was in F1 then opt then h1b.
That's it, He gave me 221G orange slip and wrote ADDITIONAL PROCESSING on that without asking any more document,
I also informed him if he needs any more documents like pay stubs, tax documents etc that I can provide him right now, He said he has everything whatever he needs and he doesn't need any document from me at this point.
He handed me over the passports and kept all the documents that I had given him.
He said that he will call me within a week or 2 once my visa will be processes and I will have to come back if I get the visa.
Phone conversation on June 28 at 4 PM IST.
The officer who called me was the same guy who interviewed me.
He said that he has a bad news for me at this point of time referring to my visa application at Kolkata consulate. He said that they can not approve my visa because I have 2 mid vendors and he doesn't see any employer-employee relationship. He said that your sponsoring company is acting as an agent which is not that they suppose to do.
He also asked me where are you working at, I told him at the client location, he said that you must be working at your company's location not at other location.
I also explained that we had amened the petition because we had to add the client location. He replied that yes he could see that and which was a nice thing he said.
He said he doesn't see any problem as far as my record goes, he said that's a employer's mistake not yours.
I don't have any idea what I can do at this point of time.
I have got an email from the consulate on refusal stating
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 I-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 Kolkata 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 there under.
Please suggest.
Thanks
Ashes2010
I want to share my visa refusal experience with you and want the best suggestions from you on how I can go well from here if I want to work in USA.
Here is my experience,
List of documents submitted to Kolkata consulate.
2 no of I 797A's ( one old one(1-Inhouse project), 2-Amended petition when I got a project at client side)
The H1B package given by my company's attorney.
Hdfc receipt
Photos,
Letter from my sponsor on my Wife's H4 visa issuance, that letter also described my current annual salary and fulltime job at the company.
The Interview conversation with Officer,
My wife and I had attended the interview together at Kolkata consulate on June 8th at 9:15 AM.
He started taking fingerprints ( All ten fingers) without even saying hello to us.
Questions to me:
I said good morning to the officer He replied good morning.
He was checking all the documents without asking me anything and said, Are you working at a client place or at a company location
I replied client location
Do you have any vendors between your employer and your client
I replied 2 vendors after my sponsoring company, one is A and second is B, also explained the end client C is B company's client, B company itself is a big fortune 500 company, my sponsoring company->A -> B ->C
Do you have contracts between your company and vendors as well as vendors to the client?
I replied Yes and said everything is in a package
He said yes, the docs are in the package, he can see that.
I also told him that I am already working for this client.
He saw my passport and he saw the old student visa and he said, Is this visa over? I said yes and I explained my stay at USA for 4 years and 5 months. He canceled that old student visa. I was in F1 then opt then h1b.
That's it, He gave me 221G orange slip and wrote ADDITIONAL PROCESSING on that without asking any more document,
I also informed him if he needs any more documents like pay stubs, tax documents etc that I can provide him right now, He said he has everything whatever he needs and he doesn't need any document from me at this point.
He handed me over the passports and kept all the documents that I had given him.
He said that he will call me within a week or 2 once my visa will be processes and I will have to come back if I get the visa.
Phone conversation on June 28 at 4 PM IST.
The officer who called me was the same guy who interviewed me.
He said that he has a bad news for me at this point of time referring to my visa application at Kolkata consulate. He said that they can not approve my visa because I have 2 mid vendors and he doesn't see any employer-employee relationship. He said that your sponsoring company is acting as an agent which is not that they suppose to do.
He also asked me where are you working at, I told him at the client location, he said that you must be working at your company's location not at other location.
I also explained that we had amened the petition because we had to add the client location. He replied that yes he could see that and which was a nice thing he said.
He said he doesn't see any problem as far as my record goes, he said that's a employer's mistake not yours.
I don't have any idea what I can do at this point of time.
I have got an email from the consulate on refusal stating
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 I-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 Kolkata 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 there under.
Please suggest.
Thanks
Ashes2010
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