221G Refusal Letter--Any Chances of Visa getting Re affirmed.

[pawan_524]

HI ,I had my H1 VISA extension stamping(E-C Model)Interview on Mar1st @Hyd and got a 221g Yellow Admin Processing ,then after 2 weeks got a refusal letter from consulate ,
explaining Employee -Employer relationship which clearly mentioned how can a Manager (Employer) control an Employee who is sitting at Client location
which is far away from Manager's location , It was mentioned in the refusal letter to contact DHS. Is there any chance for my petition to be re affirmed by USCIS?


My Question here is if this is a violation of Labor laws then why in the first place did USCIS approve the petition? I am totally lost as I left all my stuff in US and stranded in India.
One good thing is atleast I am in my home country.

Require some expert advise here. Can i reapply through a different employer? Do i need a new H1B or can i use the existing petition?


Thanks

[shervin143]

Can i reapply through a different employer?
>>> Yes.

Do i need a new H1B or can i use the existing petition?
>>> Existing petition is only for the current employer. You cannot use the current employer's petition to work for a new employer. Any employer can file a new H1B petition for you using the CAP from the previous H1B petition and request an immediate start date. When the petition gets approved, you attend the visa interview again.

[pawan_524]

Would it be benificial to contact DHS and see if anything will be done on the petition? Or once I get a refusal letter does it mean its gone case now atleast with this Current employer? Please do throw some light on this complicated process.

[shervin143]

Would it be benificial to contact DHS and see if anything will be done on the petition?
>>> You can. I don't think you will get much info. But give it a try.

Or once I get a refusal letter does it mean its gone case now atleast with this Current employer?
>>> Did the consulate mention that the petition is return back to USCIS. If that is the case, then wait for a result from USCIS. There are cases where USCIS approved the petition that was sent back. But it will take quite sometime.

[pawan_524]

221G Refusal Letter--Any Chances of Visa getting Re affirmed

Did the consulate mention that the petition is return back to USCIS. If that is the case, then wait for a result from USCIS. There are cases where USCIS approved the petition that was sent back. But it will take quite sometime.

Find below is what i got in the refusal letter. Can i hope for something good to happen? Or this is gone case?

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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. 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.

Our decision to return the petition to USCIS was based on a detailed evaluation of all aspects of your nonimmigrant visa case. 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.

[shervin143]

Well, USCIS will conduct further review on your case and will either reaffirm your case or will revoke the petition. Wait for a response from USCIS. In the mean time, you can find a new employer who can sponsor a new H1B using the CAP from the existing petition.

Did the consulate mention that the petition is return back to USCIS. If that is the case, then wait for a result from USCIS. There are cases where USCIS approved the petition that was sent back. But it will take quite sometime.

Find below is what i got in the refusal letter. Can i hope for something good to happen? Or this is gone case?

-----------------------------------------------------------------------------------------------------------------------------

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. 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.

Our decision to return the petition to USCIS was based on a detailed evaluation of all aspects of your nonimmigrant visa case. 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.

[pawan_524]

221G Refusal Letter--

Can a new employer file a H1b for me using the existing petiton cap,even if I am in India? Can anyone shed some light on this.

Also suggest any place where I can se USCIS status on the returned petiton.

[kabkaba]

Can a new employer file a H1b for me using the existing petiton cap,even if I am in India? Can anyone shed some light on this.

Yes.

Also suggest any place where I can se USCIS status on the returned petiton.

USCIS will contact your employer. Employer will have to prove that they have real employee employer relationship. If they do, USCIS will re-affirm the petition. If that happens, you can contact the consulate again and obtain the Visa based on that petition.

New employer's petition will not be affected by all this. They can file cap-exempt petition irrespective of the above.

[pawan_524]

221G Refusal Letter--

How long will the Cap Exempt be valid. I havenot finished my 6 year stay in US on H1b.