need urgent help on my situation

[amy82]

hi appeared for h4 in new delhi.case put under 221g after waiting 4 months in inidia i did not get any reply so i withdraw my case.and then came to canada on PR.then in canada i appeared for h4 again.at interview visa approved but didnot get my PP in 10 business days then i cal to DOS and got reply case under admin processing after waiting 4 months in canada today i got reply:


The U.S. Consulate General Toronto is not able to issue you an H4 visa
because your petition was returned to the United States Citizenship
and Immigration Service (USCIS). You received this
notification from the U.S. Embassy in New Delhi.

In accordance with U.S. law and Department of State guidelines, action
on your case has been suspended. The U.S. Consulate General Toronto is
no longer handling your case and will be unable to provide any
additional information regarding the status of your petition. For your
information, your visa was refused under section 221(g) of the
Immigration and Nationality Act (INA), as amended

please suggest me i am not getting this point which petiton they sent to USCIS.???
i very upset.can i go again for h4 interview in canada?

[shervin143]

This question has been already answered in the below thread.

http://www.immihelp.com/forum/showthread.php?t=90505

It looks like your spouse's H1B petition is sent back to USCIS to revoke. You already have two rejections on H4. Applying again is Canada is not going to help you. It is hard to comment without knowing the exact reason for rejection. It looks like the consulate is not convinced with your spouse's employment in U.S in H1B status. It is advisable that he change his employer and then you try applying for the H4 visa with the transferred petition.

[amy82]

@shervin..thanks for your time.but one thing i am not understanding.that i waited in india till feb 2011 then i withdrew my case and got email that new delhi is no more handling my case.and my case is withdrawn then in march i went to toronto for stamping but yesterday i got email that toronto counslate cant issue visa because petition sent to uscis on 20th april by delhi counslate.how can delhi counslate do this step because i was not in there process that time.any suggession???

[shervin143]

You have only withdrawn your H4 visa application. In the mean time, the consulate would have figured out that there are some issues with the H1B petition itself (It can be anything. It is never going to be possible to predict what it could be). The H4 is issued based on the H1B candidate maintaining the H1B status and following the H1B regulations. Basically your admin procesisng might have been to check whether the H1B sponsor and the H1B candidate are following the H1B regulations or not. Maybe they found out something there they might have asked USCIS to take a second look at the petition and revoke it if necessary.

@shervin..thanks for your time.but one thing i am not understanding.that i waited in india till feb 2011 then i withdrew my case and got email that new delhi is no more handling my case.and my case is withdrawn then in march i went to toronto for stamping but yesterday i got email that toronto counslate cant issue visa because petition sent to uscis on 20th april by delhi counslate.how can delhi counslate do this step because i was not in there process that time.any suggession???

[amy82]

@shervin thanks for your time.till date no update on uscis site that they recieved my husband petition from counslar.my husband is on 5th year of h1b.and have approved i-40.and priority date is in 2008.now if he will transfer then he will go on point 0...what we can do now.

[amy82]

i confirmed from toronto counslate and they replied that my husband's petition send to uscis in april by new delhi counslate.but i withrew my h4 case from new delhi in march.and was not aware that my h4 admin was still pending with new delhi..and moreover its two month passed and my husband and his employer did not get any notice from uscis and not any update on uscis that they got my hubby petition back...any suggession

[shervin143]

You have a very complicated situation. It is advisable that your husband take this with an experienced immigration attorney. I really don't think any suggestions from the forum members can help you. Either the petition is in the process of getting revoked or it has been already revoked. In any case, you definitely need any attorney's help.