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Hello Everyone,
I have been monitoring this thread/forum from 21st Jan 2012 since my spouse got a 221(g) when she applied for an H4. Mine was a new H1B and a COS, 3 months old, no stamp, evc model, very small company. I sent her with 2 paystubs - Mumbai Consulate @ BKC.
The H4 interview was cool, but at the end she was handed 221(g) with requested docs - "Petition, Client contracts, letter, organizational hierarchy, internal development project" - basically all employer related docs.
We submitted all docs on 5th Feb 2012 and waited.. 5 weeks passed by without a response. (The worst mental torture a human being can ever take).
But, on 15th Mar 2012, we got the email from consulate to submit her passport which came back stamped in 4 business days.
Moral of the story: (only for consultants/contractors)
==============
1) DO NOT, I mean DO NOT apply for an "H" visa (H1/H4) if your situation does not meet Valid Employer-Employee Relationship as described in 2010 USCIS Neufold Memo (Google this if you dont know)
2) DO NOT apply for an "H" (H1/H4) visa until you are sure you will be able to prove (1) with documents from employer and client (Client letter is a must that describes relationship/control with you along with your job duties).
3) DO NOT even dream of getting a US visa if it is sponsored by an IT Staffing/Placing Company either in US or India. Such companies are called "body shops" by US authorities. These companies fool USCIS with supporting docs, but are not able to maintain the same during the course of employment. Most of these companies are audited by DOS and they know "exactly" what they do, hence the moment you go for interview, you will surely get 221(g) or denial. (whole history of your company is in their database)
Whos to blame ?
=============
1) Employers! A**holes to the core!! They are the real culprits. Inspite of knowing all the rules, they put careers and aspirations of innocent engineers to risk to make money. They are not prepared with proper documentation. At the end only the engineers suffer and the company will continue to show the "US on-site, earn in dollar" carrot to trap someone else...
2) No one else!!!
Stop blaming the United States. Blame our own people for doing massive fraud in H1B/L1B and exploiting liberal and tolerant western immigration laws. they "f**ked" the system in the last decade. USCIS and DOS has given clear guidelines to all H1B employers of what to expect when you will apply for a visa abroad. Its just that our employers dont care to tell us the same, they ignore us our future, else we will not take the contract or switch companies. The TRUTH is never told.
Considering the volume of visa's applied and kind of fraud to expect, DOS is doing a great job, much much better than our government can do.
So many people came back to India for vacation and got stuck and were never able to return. So many H4 denied, H1B denied. Their employers knew all the rules, but didnt care to share or tell them the consequences else the consultant would leave the company (obviously!!). The employers never care to share all details and risks involved in stamping before applying for visa.. they dont f**king care!
I wish I knew all this before I got into this mess... and in the end - I guess I was just LUCKY!
I have been monitoring this thread/forum from 21st Jan 2012 since my spouse got a 221(g) when she applied for an H4. Mine was a new H1B and a COS, 3 months old, no stamp, evc model, very small company. I sent her with 2 paystubs - Mumbai Consulate @ BKC.
The H4 interview was cool, but at the end she was handed 221(g) with requested docs - "Petition, Client contracts, letter, organizational hierarchy, internal development project" - basically all employer related docs.
We submitted all docs on 5th Feb 2012 and waited.. 5 weeks passed by without a response. (The worst mental torture a human being can ever take).
But, on 15th Mar 2012, we got the email from consulate to submit her passport which came back stamped in 4 business days.
Moral of the story: (only for consultants/contractors)
==============
1) DO NOT, I mean DO NOT apply for an "H" visa (H1/H4) if your situation does not meet Valid Employer-Employee Relationship as described in 2010 USCIS Neufold Memo (Google this if you dont know)
2) DO NOT apply for an "H" (H1/H4) visa until you are sure you will be able to prove (1) with documents from employer and client (Client letter is a must that describes relationship/control with you along with your job duties).
3) DO NOT even dream of getting a US visa if it is sponsored by an IT Staffing/Placing Company either in US or India. Such companies are called "body shops" by US authorities. These companies fool USCIS with supporting docs, but are not able to maintain the same during the course of employment. Most of these companies are audited by DOS and they know "exactly" what they do, hence the moment you go for interview, you will surely get 221(g) or denial. (whole history of your company is in their database)
Whos to blame ?
=============
1) Employers! A**holes to the core!! They are the real culprits. Inspite of knowing all the rules, they put careers and aspirations of innocent engineers to risk to make money. They are not prepared with proper documentation. At the end only the engineers suffer and the company will continue to show the "US on-site, earn in dollar" carrot to trap someone else...
2) No one else!!!
Stop blaming the United States. Blame our own people for doing massive fraud in H1B/L1B and exploiting liberal and tolerant western immigration laws. they "f**ked" the system in the last decade. USCIS and DOS has given clear guidelines to all H1B employers of what to expect when you will apply for a visa abroad. Its just that our employers dont care to tell us the same, they ignore us our future, else we will not take the contract or switch companies. The TRUTH is never told.
Considering the volume of visa's applied and kind of fraud to expect, DOS is doing a great job, much much better than our government can do.
So many people came back to India for vacation and got stuck and were never able to return. So many H4 denied, H1B denied. Their employers knew all the rules, but didnt care to share or tell them the consequences else the consultant would leave the company (obviously!!). The employers never care to share all details and risks involved in stamping before applying for visa.. they dont f**king care!
I wish I knew all this before I got into this mess... and in the end - I guess I was just LUCKY!
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