H1b Dropbox refused with 221g due to Presidential Proclamation.

[gcharan09]

Hi All,

Need your help!!!

H1B extension Petition was approved till June 2023.
Applied for Visa Stamping via Dropbox on 26th Apr 2021.

Submitted all the required documents. Got response on 7th June 2021.
Visa Refused with 221(g) due to Biden's latest Presidential Proclamation. Content of message:

"Dear Applicant:

Your visa application was refused under section 221(g) of the U.S. Immigration and Nationality Act (INA). Effective 12:01 a.m. Eastern Daylight Time (EDT) on May 4, 2021, most nonimmigrant travel to the United States by individuals physically present in India (within the previous 14 days) is prohibited, pursuant to the April 30, 2021 Presidential Proclamation on Entry as Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019.

If you wish to travel while the Proclamation is in effect, you must first determine if the Proclamation is applicable to you by reviewing the criteria below. If you do not meet the criteria and you wish to apply for an exception to travel, please review the information

The suspension of entry does not apply to:

Any non-US citizen spouse of a US citizen or legal permanent resident (LPR);

Any non-US citizen who is the parent or legal guardian of a US citizen or LPR, provided that the US Citizen or LPR child is unmarried and under the age of 21;

Any non-US citizen who is a sibling of a US Citizen or LPR, provided both the non-US

Citizen and the US citizen or LPR are unmarried and under the age of 21;

Any non-US citizen who is the child, foster child, or ward of a US citizen or LPR, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications.

If you meet the criteria to be considered for an exception, then you may request an appointment by contacting [email protected]. Please include with your request email all documentation soft copies only - supporting your claim to an exception."


My Questions

1) I assume it is temporary denial and is because of the travel ban. Is my understanding correct.
2) What is the process of reapplying for this visa? Can I simply submit a new DS-160 or do I need to start my H1b process from beginning and go through the lottery process?
3) If I reapply for the visa, will that be approved, considering that it was refused because of Travel ban.
4) Can I still continue to work for my employer from India?

Thanks,

Charan

[rkk09]

Hi,
Please see my response below.

1) I assume it is temporary denial and is because of the travel ban. Is my understanding correct.
Answer: Yes.. You are correct.
2) What is the process of reapplying for this visa? Can I simply submit a new DS-160 or do I need to start my H1b process from beginning and go through the lottery process?
Answer: Start from DS 160, make visa fees, schedule appointment.
3) If I reapply for the visa, will that be approved, considering that it was refused because of Travel ban.
Answer: It depends on Interview.. If everything is under law requirement, you will not have any issues.
4) Can I still continue to work for my employer from India?
Answer: If you get approval from your Employer, YES.
Thanks