221(g) in Calgary, Canada

[genuser2012]

Case Details :

I am working as a consultant for a firm in New Jersey(employer) and am working at client location in Minneapolis.
I am on H1-B. There are three layers between me and my employer.
I went to Calgary, Canada for H1-b Stamping. The visa appointment was on Tuesday, 02/07/2012. In
the interview the visa officer asked me to show my W2 forms for 2011. On the W2 forms the income
was $45,000. In the offer letter, My employer mentioned that my income was $52.000. I could
not answer the reason for the mismatch in the amounts. Then I was given 221(g) white form.
In 2011, I changed from OPT to H1-B status. When I was on OPT I got a different pay,
the offer letter mentioned my pay after I changed my status to H1-B.
The contents of the 221(g) form are at the end of the email. They took my original I797 document, W2 and some more.... but returned the passport.

I called my employer and asked them to provide documents mentioned in 221(g) and he refused to provide documents 1 & 5 as shown below.

I have my actual wedding reception ceremony scheduled in India and need to be in India on Feb 25th.

Q1. What are the chances of getting H1-B approved in Canada ? [Since I am unable to provide all the requested documents]

Q2. Can I leave Canada and go to India to attend the wedding ceremony now ? How can I pick up my documents now ?

Q3. If the visa is rejected will I be able to apply for H-4 without any issues ?

Q4. Can the case be transferred to a US Consulate in India for processing ?

Q5. Is there any way I can come back to US in this short time ? I have a flight scheduled from Minneapolis.

Please help me. We need your help.

Thanks in advance,


221G Form Contents :
"This office is unable to make a final decision on your non-immigrant visa application at this time, as we require additional information. Under 221(g) of the United States Immigration and Nationality Act (INA), a consular officer may not issue a visa to any applicant whose eligibility has not been clearly established. Further action on your case has been suspended pending the receipt and review of the additional documentation below. Please present the requested items circled belw, with your passport on any business day between 8.30 am - 11.30 am. Show this form to the Consulate's security guard on the main floor of our office building. You will not have to pay another fee if you present the circled items within the next year.

1. List of all of the petitioner's employees, their position title, salary and legal status in the US
2. Petitioner's unemployment wage report for ------------------
3. All of your monthly bank statements for --------------------
4. All of your original pay slips for 2011/ prior to Agu 2011
5. contracts between your petitioner and your client
6. Letter from client stating your assignment, responsibility at the job site and employment contract or employment agreement between you and the petitioner
7. Photos of the work site "

[shervin143]

Q1. What are the chances of getting H1-B approved in Canada ? [Since I am unable to provide all the requested documents]
>>> This isn;t something a memebr of a forum can predict. Unless you provide all the requested documents, the chances are less. If the employer is not willing hand over these confidential documents to you, then they can send it to the consulte directly.

Q2. Can I leave Canada and go to India to attend the wedding ceremony now ? How can I pick up my documents now ?
>>> You need to withdraw the visa application to get all the documents back. Fly to India directly from Canada.

Q3. If the visa is rejected will I be able to apply for H-4 without any issues ?
>>> Yes, provided your spouse is in valid H1B status.

Q4. Can the case be transferred to a US Consulate in India for processing ?
>>> There is no transfer. You have to withdraw the application and apply newly in India,

Q5. Is there any way I can come back to US in this short time ? I have a flight scheduled from Minneapolis.
>>> Not unless you get the visa stamped.