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221g White - Rejection(Don't go to Hyderabad)

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  • 221g White - Rejection(Don't go to Hyderabad)

    Hi Friends,

    I have to start this thread by saying I'm truly depressed at this moment.

    I came here for vacation and attended interview for my H1b stamping last week (I previously had H1B visa stamped in Hyderabad consulate). I was very confident that I will get the visa stamped as I had Client letter, Vendor letter, w-2s, paystubs, tax returns, Employer's 940, 941, Financial statements, everything. I even had a 2nd Client letter explaining that I'm going for vacation and will be back and providing the services at the Client site.

    Visa interview was done by an grumpy old guy with grey hair, mustache. I greeted him didn't respond but asked me for my documents. I handed it over to him. He looked at my documents and asked where am I traveling? and asked me if I'm married (Somehow I felt like marital status seems to make a difference as two of the guys before were asked the same question, they were married and they got the visa..again I'm not sure).

    His 3rd question was about my company, I told him that they provide software services, etc. The interview went for about 25mins, I have never seen any postings on forums about such kind of questions. I wanted to share them so someone could benefit.

    My first suggestion don't come to Hyderabad unless it's really important, Prove VO that you are being closely monitored by someone at the Client site from your H1 sponsored company.

    MAIN FOCUS OF THIS INTERVIEW WAS RIGHT TO CONTROL.

    These are the questions he asked me

    1. Does the H1B petitioner supervise the H1B employee / worker and is such supervision off-site or on-site?
    2. If the supervision is off-site, how does the H1B petitioner maintain such supervision, i.e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
    3. Does the petitioner have the right to control the work of the H1B worker on a day-to-day basis if such control is required?
    4. Does the petitioner provide the tools or instrumentalities needed for the H1B worker to perform the duties of employment?
    5. Does the petitioner hire, pay, and have the ability to fire the H1B employee?
    6. Does the petitioner evaluate the work-product of the H1B worker, i.e. progress/performance reviews?
    7. Does the petitioner claim the H1B employee for tax purposes?
    8. Does the petitioner provide the H1B worker any type of employee benefits?
    9. Does the H1B employee use proprietary information of the petitioner in order to perform the duties of employment?
    10. Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?
    11. Does the petitioner have the ability to control the manner and means in which the work product of the H1B worker is accomplished?


    Nothing seems to convince him, he was prepared to give me a 221 g he was not convince by the fact that my employer location and client location, he wanted proof of my H1 sponsor manager monitoring me at the work site, His questions were tricky

    1) Does your manager come to onsite without Client's approval? 2) Will you instal Microsoft office if your H1 Sponsor manager asks you to do so at the Client's computer? 3) If your employers asks you to get some information from the Client will you do without asking Client? 4) Does your employer provide you computer? 5) Does your employer preinstall tools in it? 6) Does your employer have any proprietary tools (invented by the Company)? 7) You are working in .net and if your client wants you to work on C# would you do so without asking your employer? and many more questions which will make you answer NO unless you are working with big Consulting companies like Deloitte, Accenture, etc.. From my above answers he proved that Client has more right of control. He wasn't listening to any explanations he had a very limited knowledge on Jobs.

    He printed all the information and made me sign it and returned my passport and kept all the documents. He said I don't want to lose your passport so I'm returning it, I'm issuing you a 221g, You will receive update within 3 - 5 days or it might take even longer. I might ask you to drop passport at VFS office.

    On 3rd working I got email that my visa was rejected and all documents are returned to USCIS for re-validating my petition. Officer stated that my visa interview was contradicting USCIS rules or there was no enough evidence that employer-employee relationship and right to control exists.

    I'm very frustrated at this point, I'm not even sure what to do. I have all my belongings, my apartment, car back in US. I at least think rejections should be followed with a temporary visa to take care of things back in US. USCIS is a scam, It's a big practice of fraud, VO have very limited knowledge on different kinds of jobs in software industries. His way of looking at employees from Consulting company as SOFTWARE INSTALLERS.

    Sorry for all friends who got rejected, We are being cheated and robbed.
    4
    Fraud
    0.00%
    0
    Cheating
    25.00%
    1
    Scam
    25.00%
    1
    All the above
    50.00%
    2

    The poll is expired.


  • #2
    I'm very sorry for you.

    I got 221g green at Chennai. What are your next plans ? Are you going to apply for new H1 again?


    Thanks

    Comment


    • #3
      221g White Rejection

      I don't know, I'm confused.

      I'm not sure if I have to wait for USCIS to send my petition back to my employer and request them for additional documentation and in that case I'm hoping my employer would support with all the documents and get I 797C and get VISA stamping again.

      Has anyone done this before, If yes how long did it take after USCIS received your petition back from VISA CONSULATE? Is there anyway to track your application?

      Comment


      • #4
        InShock and all other;

        Let's not get depressed or frustrated by the decision made by USCIS, instead we should focus on how to get next thing done. I believe the key to success is the knowledge to understand "how to get the stamping not rejected".

        I request you all to be in good touch by sending me a private messages so as to share every kind of update that can be useful to others as well. Thanks for posting on the forum.

        I will look forward to hear from you and help you if possible.

        Comment


        • #5
          Update on my Case: Started Feb 2012

          Hello all,

          After I got refusal email from Hyderabad Consulate on Feb 2nd 2012 stating that my case has been sent to USCIS for further review.

          Next update I heard from USCIS was on March 23rd 2012 and received 2 emails so I'm confused.

          1st email

          Your Case Status: Post Decision Activity

          On March 23, 2012, we shipped this approved or re-affirmed case to the Department of State for visa processing. For more information, please contact them directly.


          2nd email after 15mins

          Your Case Status: Post Decision Activity

          On March 23, 2012, 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.



          My lawyer says that I have to wait until USCIS sends me I797C and then I will be called for interview in Hyderabad consulate/Has anyone experienced this?

          Comment


          • #6
            Hi InShock,

            I am also in the same situation. I also received that double-tone message from USCIS on same day(March 23rd).

            Comment


            • #7
              I feel sad for what happen to you. One of my friend received same kind of message from USICS when his visa was rejected. This happen like 9 months ago and there is no message from USCIS till date. My advice is that if you are interested to go back to US re apply again.

              P.S. : I received Admin Query @ hyderabad consulate on first week of Apr 2012 after being in US for 5 years. I came for my 3rd time stamping. I was asked same questions and asked me to sign and given 221G white slip. No update as of now. Lets see what happens.

              Comment


              • #8
                Finally Got my visa approved(31st May 2012) for H1B (Amendment)

                Hello All,

                I kept waiting and I didn't see any progress/update on my pending case so my lawyer suggested me to file an amendment petition and it was approved by USCIS.

                Now I didn't want to go to Hyderabad as I felt the officer's at Hyderabad are rude and are not ready to listen to your answers So I decided to go to Chennai and here is how the interview went

                Q) After greetings, What is your Job Title?, Who is your employer, where are you going?, Who is your Client?

                Q) Who is your Manager? and Is she Offsite or Onsite?
                A) YYYY X, Offsite

                Q) How often do you communicate with her?
                A) Once a week and I submit status reports to her.

                Q) What is your Salary?
                A) $xx,xxx (According to LCA)

                Q) Please give your LCA and W-2s?

                Q) What is the difference between previous petition (221G one) and this one (Amendment One)?
                A) After repetitive requests from my Client for my services my company has filed for Amendment, My previous petition was refused on the grounds that sufficient control of employment of was not shown between employee and employer. So we requested Client and Vendor to give letters stating my company has ultimate right to control.

                Q) Please show me those letters
                A) He read those letters and got convinced.

                Q) Officer said I'm going to approve your visa but ask your employer to file a new LCA with a higher level salary. He said that currently your salary is 2nd level salary and your job duties seems to be high level.

                In order for you to not run in to these problems again you have to file a new LCA.

                So my suggestion for all 221g with admin processing without document submission. I suggest you all to apply for Amendment petition but with new LCA if your old LCA was on low level salary.

                Do not file amendment if there are no changes if you still do that your chances of getting rejected are high.

                Good Luck to everyone!!

                Comment


                • #9
                  InShock could you please let me know how did you get second appointment at chennai

                  Hello InShock recently i got my h1b amended approved with different EAC number as my employer applied for an amendment on my previoys H1B petition . I need your advise i am trying to understand. if we have pending 221g should we wait till consulate ask us to come back or we need to book for new appointment with new fees as it is a different EAC number . I am unable to get response from vfs and Hyd consulate.

                  your response will be a great help to me.

                  regards srivi

                  Comment


                  • #10
                    Originally posted by InShock View Post
                    Hello All,

                    I kept waiting and I didn't see any progress/update on my pending case so my lawyer suggested me to file an amendment petition and it was approved by USCIS.

                    Now I didn't want to go to Hyderabad as I felt the officer's at Hyderabad are rude and are not ready to listen to your answers So I decided to go to Chennai and here is how the interview went

                    Q) After greetings, What is your Job Title?, Who is your employer, where are you going?, Who is your Client?

                    Q) Who is your Manager? and Is she Offsite or Onsite?
                    A) YYYY X, Offsite

                    Q) How often do you communicate with her?
                    A) Once a week and I submit status reports to her.

                    Q) What is your Salary?
                    A) $xx,xxx (According to LCA)

                    Q) Please give your LCA and W-2s?

                    Q) What is the difference between previous petition (221G one) and this one (Amendment One)?
                    A) After repetitive requests from my Client for my services my company has filed for Amendment, My previous petition was refused on the grounds that sufficient control of employment of was not shown between employee and employer. So we requested Client and Vendor to give letters stating my company has ultimate right to control.

                    Q) Please show me those letters
                    A) He read those letters and got convinced.

                    Q) Officer said I'm going to approve your visa but ask your employer to file a new LCA with a higher level salary. He said that currently your salary is 2nd level salary and your job duties seems to be high level.

                    In order for you to not run in to these problems again you have to file a new LCA.

                    So my suggestion for all 221g with admin processing without document submission. I suggest you all to apply for Amendment petition but with new LCA if your old LCA was on low level salary.

                    Do not file amendment if there are no changes if you still do that your chances of getting rejected are high.

                    Good Luck to everyone!!

                    Dude You are the HERO!!

                    Comment

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