H1B Stamping Rejected in Ottawa 221(g) issued asking for I-140

[anmolwrites]

Hi All,

I am a dentist in the USA and went to the US Consulate today for visa stamping. The VO issued me a yellow 221g my visa saying that I have been working for more than 6 years on H1 visa and she needs an approved I-140 from my employer. She just didn't let me explain.

The fact is that I did start working in August 2012, but was on OPT till September 2013. I started working on H1B from Oct 2013. I took a six months maternity leave in 2014. My current I-797 shows validity till June 2020. My employer is in the process of filing the PERM. I don't have an approved I-140 yet. My employer's attorney is sending the consulate a summary of the dates I have stayed on H1 visa to show that I haven't used up six years.

I am stuck here in Ottawa thinking about how much time would it take to get a visa and wondering about my options. If anyone has been through similar situation and could offer perspective, I would appreciate.

Thanks,
Dr. Anmol Agrawal

[vinniemak]

Hi All,

I am a dentist in the USA and went to the US Consulate today for visa stamping. The VO issued me a yellow 221g my visa saying that I have been working for more than 6 years on H1 visa and she needs an approved I-140 from my employer. She just didn't let me explain.

The fact is that I did start working in August 2012, but was on OPT till September 2013. I started working on H1B from Oct 2013. I took a six months maternity leave in 2014. My current I-797 shows validity till June 2020. My employer is in the process of filing the PERM. I don't have an approved I-140 yet. My employer's attorney is sending the consulate a summary of the dates I have stayed on H1 visa to show that I haven't used up six years.

I am stuck here in Ottawa thinking about how much time would it take to get a visa and wondering about my options. If anyone has been through similar situation and could offer perspective, I would appreciate.

Thanks,
Dr. Anmol Agrawal

Hello, Dr. Agarwal:

I am responding out of courtesy. SORRY to hear that you are stuck in Ottawa. Sometimes these damn USCIS people don't realize the additional expense(s) people have to suffer when stranded in a foreign country...
Also, Dr., I'm wondering why did you go out of the country to get your visa stamped??? You could have possibly done this being in the US and while the denial although painful, might have been easier to swallow !! I remember a long time ago many went to Canada or Mexico to get stamping, but these visa officials know these tricks of the trade unfortunately (...& they can be jerks many times..).

In terms of reapplying...& these are my 2 cents...I am NOT a lawyer ; and since the US embassy in Ottawa shouldn't be too crowded ; what does it prevent you from going back say tomorrow ??....you might end up with another VO and you can possibly present your case somewhat better in that...you haven't broken any laws while in the US ; you tell him that you got your H1B and started in Oct 2013 which is a little over 5 yrs not six and it's unfortunate for you to get rejected...tell him it's costing you a fortune to stay away from home (in the US) where you are owing rent and bills to others and are being punished when it's not your fault & had you known you wouldn't have left the US. In the unfortunate case if you are denied again, you'll have to bite the bullet and have your attorney help you out, but at least you would have given it your all.

By the way, if the above works out, you'll have to re-adjust the crown on my lower molar that keeps comin' out...(LOL)...��

I'll try and provide moral support, & is the best I can do....& will also respond promptly after seeing your response(s).

Good luck and I wish you the very best !!