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wife's H4 Visa refused and returned to KCC
Gurus
My wife appeared for H4 visa on Mar 6th 2011 in New Delhi consulate but they gave her 221g green form which we replied immediately but after 2.5 months on May 18th they again issued one more 221g green form which again we replied and on July 29th they replied to my email I sent to US Embassy which states as below:
"As per the US Embassy her application (H4) is refused under Section 221(g) of the Immigration and Nationality Act (INA) as the petitioner was not able to
provide you qualifying employment in the US. Section 221(g) prohibits the issuance of a visa to an individual whose application is incomplete or
inconclusive, or whose eligibility has not been firmly established. Her case has been returned to the Kentucky Consular Center in the United States. Once
KCC receives the case it will be sending it to the approving USCIS office. For further inquiries you/petitioner may wish to contact the approving USCIS
office."
I have couple of queries here:
1) It looks like since I work in EVVC model and have 2 layers in between my employer and the end client hence they have refused her visa. Pl let me know if this is not the case.
2) The statement says "her application(H4) is refused under section 221(g). Does that mean the visa is rejected? If yes then why they have returned the case to KCC? If no then do we still have chance that KCC or USCIS can approve the Visa?
3) How long KCC takes to send the case to USCIS? What are the possible USCIS outcomes are?
4) In my current situation when my case has been returned to KCC or might have reached to USCIS then can I transfer my H1 to the direct employer of my end client to convert my working model from EVVC to EC? If yes then will I be able to reapply for the H4 based on the new H1 petition while the case is with USCIS?
5) Can my Employer's attorney do something to expedite the process and to contact the KCC or USCIS?
I would highly appreciate the quick response to all of my queries. Pl help me I am in big big trouble here. Its been 1.5 yrs me and my wife are living apart and I will have to go back to India if she doesnt get H4 in next 2 months.
Thanks
Mayank
My wife appeared for H4 visa on Mar 6th 2011 in New Delhi consulate but they gave her 221g green form which we replied immediately but after 2.5 months on May 18th they again issued one more 221g green form which again we replied and on July 29th they replied to my email I sent to US Embassy which states as below:
"As per the US Embassy her application (H4) is refused under Section 221(g) of the Immigration and Nationality Act (INA) as the petitioner was not able to
provide you qualifying employment in the US. Section 221(g) prohibits the issuance of a visa to an individual whose application is incomplete or
inconclusive, or whose eligibility has not been firmly established. Her case has been returned to the Kentucky Consular Center in the United States. Once
KCC receives the case it will be sending it to the approving USCIS office. For further inquiries you/petitioner may wish to contact the approving USCIS
office."
I have couple of queries here:
1) It looks like since I work in EVVC model and have 2 layers in between my employer and the end client hence they have refused her visa. Pl let me know if this is not the case.
2) The statement says "her application(H4) is refused under section 221(g). Does that mean the visa is rejected? If yes then why they have returned the case to KCC? If no then do we still have chance that KCC or USCIS can approve the Visa?
3) How long KCC takes to send the case to USCIS? What are the possible USCIS outcomes are?
4) In my current situation when my case has been returned to KCC or might have reached to USCIS then can I transfer my H1 to the direct employer of my end client to convert my working model from EVVC to EC? If yes then will I be able to reapply for the H4 based on the new H1 petition while the case is with USCIS?
5) Can my Employer's attorney do something to expedite the process and to contact the KCC or USCIS?
I would highly appreciate the quick response to all of my queries. Pl help me I am in big big trouble here. Its been 1.5 yrs me and my wife are living apart and I will have to go back to India if she doesnt get H4 in next 2 months.
Thanks
Mayank
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