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Urgent: Visa stamping rufused at Kolkata on June 28

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  • Urgent: Visa stamping rufused at Kolkata on June 28

    Hello Experts, Sherwin,

    I want to share my visa refusal experience with you and want the best suggestions from you on how I can go well from here if I want to work in USA.

    Here is my experience,

    List of documents submitted to Kolkata consulate.
    2 no of I 797A's ( one old one(1-Inhouse project), 2-Amended petition when I got a project at client side)
    The H1B package given by my company's attorney.
    Hdfc receipt
    Letter from my sponsor on my Wife's H4 visa issuance, that letter also described my current annual salary and fulltime job at the company.

    The Interview conversation with Officer,

    My wife and I had attended the interview together at Kolkata consulate on June 8th at 9:15 AM.
    He started taking fingerprints ( All ten fingers) without even saying hello to us.
    Questions to me:

    I said good morning to the officer He replied good morning.
    He was checking all the documents without asking me anything and said, Are you working at a client place or at a company location
    I replied client location
    Do you have any vendors between your employer and your client
    I replied 2 vendors after my sponsoring company, one is A and second is B, also explained the end client C is B company's client, B company itself is a big fortune 500 company, my sponsoring company->A -> B ->C
    Do you have contracts between your company and vendors as well as vendors to the client?
    I replied Yes and said everything is in a package
    He said yes, the docs are in the package, he can see that.
    I also told him that I am already working for this client.
    He saw my passport and he saw the old student visa and he said, Is this visa over? I said yes and I explained my stay at USA for 4 years and 5 months. He canceled that old student visa. I was in F1 then opt then h1b.

    That's it, He gave me 221G orange slip and wrote ADDITIONAL PROCESSING on that without asking any more document,
    I also informed him if he needs any more documents like pay stubs, tax documents etc that I can provide him right now, He said he has everything whatever he needs and he doesn't need any document from me at this point.

    He handed me over the passports and kept all the documents that I had given him.

    He said that he will call me within a week or 2 once my visa will be processes and I will have to come back if I get the visa.

    Phone conversation on June 28 at 4 PM IST.

    The officer who called me was the same guy who interviewed me.

    He said that he has a bad news for me at this point of time referring to my visa application at Kolkata consulate. He said that they can not approve my visa because I have 2 mid vendors and he doesn't see any employer-employee relationship. He said that your sponsoring company is acting as an agent which is not that they suppose to do.

    He also asked me where are you working at, I told him at the client location, he said that you must be working at your company's location not at other location.

    I also explained that we had amened the petition because we had to add the client location. He replied that yes he could see that and which was a nice thing he said.

    He said he doesn't see any problem as far as my record goes, he said that's a employer's mistake not yours.

    I don't have any idea what I can do at this point of time.

    I have got an email from the consulate on refusal stating

    Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.

    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 at the time of interview. The U.S. Consulate in Kolkata 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 regulations there under.

    Please suggest.


  • #2
    HI Ashes, Your case is similar to mine. I had one middle vendor in between and the conversation went very similar to yours.
    Here is what I think you can do - Find a new employer preferably who is working with the client directly so that you go into EC mode and then apply for a new H1 and get that stamped


    • #3
      Urgent: Visa stamping rufused at Kolkata on June 28

      How did you manage the conversation about employee-employer relationship? How did you justify that? were you able to get the visa end of all these?

      I was thinking whether my employer can take any help from attorny/senator/congressman. Is this a good idea or have a fresh H1B case.

      These days finding a EC model will be tough for me, I can find a new employer but that would be again EVC model.

      Please suggest



      • #4
        The best option is to find a sponsor who can either place you directly with their client or you work directly for the employer. With multiple layers between the employer and the client, it is always going to be difficult to get through the visa interview with this new employer/employee relationship rules getting strict.
        Not a legal advice. Use of this information is strictly at your own risk.


        • #5
          Hi Ashes, I didnt get the Visa. It was hard to convince the VO on employer-employee relationship so that Visa stamping was refused. I immediately went to EC model and got H1 approval for the same. My Visa stamping appointment for that is scheduled for 11th July.


          • #6
            @aryanverma: please post your experience once you are through with the interview. Good luck I am going very next day.


            • #7
              llifewithmusic and aryanverma, goodluck with your interview and please post your experiences.

              @@@aryanverma,,,How did you find EC model so fast? Give me some suggesions on that..I also need to find EC model or FT in USA..


              • #8
                Hi Ashes , I am a contractor at a Fortune 50 company and they have a number of vendor, one of local vendors gave me an offer and applied for a new H1


                • #9
                  @ashes: thanks a lot and wish you the same.

                  have you already started working for your new employer whose petition got approved and you are going for stamping ?
                  what did you answer for your present employer in DS160 ? is this your employer for which you are going for stamping or old employer ?


                  • #10
                    I entered my old employer as my current employer.

                    I have not started working for my new employer


                    • #11
                      Hi Ashes.
                      from the first appointment after you were issue 221 g , how long it took the visa officer to call you and let you the news.. appreciate if you could inform on wait time.. i,e how many weeks ..


                      • #12
                        @@@gvenu11, You should expect a call on the 3rd week. I got it after 3 weeks.


                        • #13
                          New H1B


                          If I file new H1B with different employer, Do I need to wait till oct 1 2011 to start working in USA?

                          Do I need to worry about CAP?



                          • #14
                            He also asked me where are you working at, I told him at the client location, he said that you must be working at your company's location not at other location.
                            Does that mean on H1b we are not suppose to work at Client location ?


                            • #15
                              You are allowed to work at the client location provided your H1B is filed for that location and you maintain proper employee-employer relationship with your company.

                              Originally posted by capton View Post
                              Does that mean on H1b we are not suppose to work at Client location ?
                              Not a legal advice. Use of this information is strictly at your own risk.