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H1B- 221g and Visa refused ....(chennai)

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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.

  • #2
    Visa officer is God of visas

    Visa officer is God of visas,so whatever decision he takes it stays final
    He has the right to reject without giving a reason.

    But mind you the officers in the Visa section are very reasonable and give reasonable respect to all the persons.

    So if the visa was rejected,the primary reason was that the Case was not presented to him properly,IT IS THE DUTY OF THE VISA INTERVIEWEE to present the facts i.e complete set of experience letters,Computer Applications degree certificate..mark sheets...is the PGDCA from a reputed institute or university? if it is not even then i know cases of persons with mechanical engg. degree get H1b..something is seriously wrong with the application..may be his communication ability?

    It is better to ask one's Conscience than to question a forum.


    • #3
      GOD is not Visa Officer

      Dear previous poster,

      Donn underestimate GOD , and My God is enough to change any Visa off decision, I hope God will give u an opp to Show WHAT IS HE !!

      so just wait n See

      a god lover


      • #4
        any similar experiences ????

        or any valuable suggestions ?



        • #5
          God can control God of Visas!

          God can control God of Visas! Agreed.

          The only clear suggestion is that present all the facts backed by proper documentation,you will get the visa.a diploma is computers will be rejected because it is not equal to BS degree !!!!!

          --Not a Legal advise.