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Is 221(g) issue implies rejection - Urgent suggestion needed from Subramanya

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  • Is 221(g) issue implies rejection - Urgent suggestion needed from Subramanya

    Hi,

    My wife had appeared for her H1 on Dec 28th in Chennai Consulate and she was issued 221(g) requesting 3 Doc's - Employer Tax returns(2006), Wage Reports and Employee List. She was asked to submit thru VFS including Passport, DS156, DS157 etc.

    As I am already on H1 (thru BEP company and in US currently) I do not want to take any chances for my wife and we are thinking foregoing H1 and apply for H4.

    Now,

    a) Does issue of 221(g) implies Visa Rejection ? (As we are not going to submit doc's and want to forego H1 as we may not want to take any chances)

    b) Do we need to inform anything to the consulate in this regard ?

    c) While filling DS156 for H4 Visa, for Q No 31 - Have you ever been refused a US Visa ? - What should we tick i.e Yes or No ?

    I request Subramanya or anyone who is aware to please suggest as this is quite urgent.

    Thanks
    N V Ramesh

  • #2
    H1 issues

    My wife had appeared for her H1 on Dec 28th in Chennai Consulate and she was issued 221(g) requesting 3 Doc's - Employer Tax returns(2006), Wage Reports and Employee List. She was asked to submit thru VFS including Passport, DS156, DS157 etc.

    As I am already on H1 (thru BEP company and in US currently) I do not want to take any chances for my wife and we are thinking foregoing H1 and apply for H4.

    Now,

    a) Does issue of 221(g) implies Visa Rejection ? (As we are not going to submit doc's and want to forego H1 as we may not want to take any chances)

    ---- NO, issuing of 221g does not mean rejection of a Visa. It only implies that the application needs to be processed further as per the notations

    b) Do we need to inform anything to the consulate in this regard ?

    ---- Basically, there is no need. Leaving the issue as it is will resolve the issue

    c) While filling DS156 for H4 Visa, for Q No 31 - Have you ever been refused a US Visa ? - What should we tick i.e Yes or No ?

    ---- You say NO. The Visa has not been refused or rejected unless a decision to that effect has been sent to to you

    Subramanya

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    • #3
      A friend of mine who has got 221(g) for Additional Administrative processing attended interview at Chennai for a B1 visa. The officer insisted saying that 221(g) should get resolved and it will be as soon as possible till then no other forms of applications can be accepted for the same case.

      If you want to go ahead still then you need to cancel your petetion I797 and I129 with a written statement at the councellor, then a next application can be accepted for the same case.

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      • #4
        Please suggest

        Thanks !!

        Is this because AAP has been issued ? As 221(g) has two things - One, asking for addition doc's like Tax returns etc and second is AAP where the consulate would like to verify the case and come back to you.

        Can I assume since it is AAP the consular had asked not to take the case again ?

        Anyone can you please suggest in this regard !!

        Regards
        N V Ramesh

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