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H1B- 221g and Visa refused ....(chennai)
here is the update from my relative who went on 2nd feb.
He is BSc - physics with 2 year deploma in Computer applications. As per the credential evaluaation sbmitted for H1B, BSc + 2 year diploma is equalent to BS in CS in america. he showed his BS degree certificate, Diploma certificate, credential evaluation, all his experience (6-8 years in IT) letters etc. The officer was not convinced about his eligibility of getting H1. when we talked to the lawyer here in US, as per his the eligibility should be checked during H1B process not during stamping. all they can check is the genuiness and also validate the supporting documents. I gave the letter content to the lawyer and waiting.....
Does anybody have this kind of experience ? please post it here as he is very upset on this.... thanks RM.
below is the content of the letter :
Based on the documents you have submitted to us, and the information elicited in your interview with an American Consular Officer, you do not appear to be qualified for an H-1B temporary work visa.
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 a the time of interview. The U.S. Consulate in Chennai 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 regulation thereunder.
He is BSc - physics with 2 year deploma in Computer applications. As per the credential evaluaation sbmitted for H1B, BSc + 2 year diploma is equalent to BS in CS in america. he showed his BS degree certificate, Diploma certificate, credential evaluation, all his experience (6-8 years in IT) letters etc. The officer was not convinced about his eligibility of getting H1. when we talked to the lawyer here in US, as per his the eligibility should be checked during H1B process not during stamping. all they can check is the genuiness and also validate the supporting documents. I gave the letter content to the lawyer and waiting.....
Does anybody have this kind of experience ? please post it here as he is very upset on this.... thanks RM.
below is the content of the letter :
Based on the documents you have submitted to us, and the information elicited in your interview with an American Consular Officer, you do not appear to be qualified for an H-1B temporary work visa.
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 a the time of interview. The U.S. Consulate in Chennai 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 regulation thereunder.
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