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I have joined an Indian MNC in USA in the month of Jun 2010 at that time they have filed for my H1 transfer and extension as well as my H1 b was completing 3 years by Sep 2010. I got my H1 B approval in Dec 2010 and I came to India in May 2011 and attended for stamping at that time the US consular has looked at my case and returned my passport and mentioned that he needs to further analyze this and will let me know in a week, but it's almost 5 months and i got reply from US consulate that they have returned my petition to USCIS and they are no longer handling this case and I need to follow up with USCIS on the status of this case.
Reply from US Consulate:"
We must inform you that your case was refused 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.
Based on the documents submitted by you and the information elicited in your visa interview with a Consular officer, we were not able to issue you an H-1B temporary work visa, because 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 Nonimmigrant Worker filed on your behalf was 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.
Consular officers return a petition to USCIS only when the visa interview provides new information that is not available to USCIS at the time the petition was approved. We have provided our perspective on all the facts about your case to USCIS and will await its judgment on whether or not the petition should be reaffirmed. The U.S. Consulate General in Hyderabad is no longer handling your case, and will be unable to give you any information on the status of your petition. You can contact USCIS for a case status update.
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When I check the status of my H1 B petition on USCIS website it is on Post decision activity and it has the below description.
"On September 19, 2011, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."
Can please advice me on this, Is my visa denied or it might be under administrative processing. Can I file an amended petition.? what are my options.
Thank you for your time.
Reply from US Consulate:"
We must inform you that your case was refused 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.
Based on the documents submitted by you and the information elicited in your visa interview with a Consular officer, we were not able to issue you an H-1B temporary work visa, because 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 Nonimmigrant Worker filed on your behalf was 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.
Consular officers return a petition to USCIS only when the visa interview provides new information that is not available to USCIS at the time the petition was approved. We have provided our perspective on all the facts about your case to USCIS and will await its judgment on whether or not the petition should be reaffirmed. The U.S. Consulate General in Hyderabad is no longer handling your case, and will be unable to give you any information on the status of your petition. You can contact USCIS for a case status update.
"
When I check the status of my H1 B petition on USCIS website it is on Post decision activity and it has the below description.
"On September 19, 2011, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."
Can please advice me on this, Is my visa denied or it might be under administrative processing. Can I file an amended petition.? what are my options.
Thank you for your time.
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