H1B, H4 Visa

I had my interview 3/3/08 for h1b visa restamping. The cosular officer took my passport and hand me a 221g stating Washington didn't completed some documentation.
Anybody got the same case? How long does it take to complete this process?

Hi All,

I got a courier from VFS Global, contains my original I-797, I-129, e.t.c... along with 221-g (blue form). On 221-g they have written "Passport for visa stamping" with pen. Does it mean my visa got approved?
If yes, what else docs do I need to submit at vfs office along with these.
1) 221-g
2) Passport (Original)
3) DS-156
4) DS-157.
Thanks In Advance

Hi ALL,

Congrats who got H1B Visa.

I attended the interview on 7th Dec'07 and got 221(g)Blue form asking petitioners docs.

Submitted all the Docs with ppt on 13th Dec'07.
After 2 months i got my ppt with another 221(g) AAP.

After a month i.e on last friday i got a letter stated that its been refused bcz ur petitioner is not able to provide employment according to the rules and regulations of US.

Could anyone help me in this situation what i have to do next.I didnt understand all the people who applied from this consultancy has got the VISA after the query.

Is my petitioner can do from their side in this situation?

Please anyone reply asap.

Regards,
RajVerma

Hi all,

Here are the dates:

H1B interiew was on Feb7th,2008 @CHENNAI. Got 221G asking for petitioner docs as I didn't carry inhouse proj description.

Submitted all docs on March4th,2008.
Consulate asked me to submit my ppt for stamping on March11th,2008 (Just after one week)

Received my Passport with H1B STAMP on March 18th.

So Guys have faith in yourself and god.

Thanks,
Sunder - [email protected]

Me. how r u doing officer
Vo. iam fine
Vo. show mw your masters
Me. given the masters
Vo. total exp
Me.4 1/2 years
Vo. give project details & emp wages & tax returns
me. passed all the doc's
vo. after 10 min i hard golden words
thats all

Hi Everybody,

congrats to all the people who are issued visa.I would like to advice that if you have a project then only come over to US else you better stay there till the job market booms up.Rest depends on your luck. have a great day.
thank you all.

Hi All,

I thank you for all the members, who have posted their experiences. I followed this web site form the last one year.

I got my visa stamped on 5th March 2008 at Chennai. I am posting my visa interview experience with VO,hopes it might be helpful.

After reaching consulate, we showed our passport and Interview letter at security as usual. Then enter into embassy, at first building there was a little problem for my wife, as she took two cosmetic items with her. They asked her to through them outside and she did the same later joined with me in the line.
 
In first building they verified the following documents and kept in a Blue/Green folder.
 
1) Passport - Both
2) Interview appointment letter - Both
3) HDFC receipt (One copy) - Both
4) DS-156 - Both
5) DS-157 - Both
6) I 797 Original
7) I 129 (Two forms)
8) LCA (Labor Condition Application)
 
They finished finger printing for both of us and kept the docs in Green folder. Asked us to move into next (Main) building where the interview is scheduled.
 
We are started in a queue and it is moving slowly. I am observing how the Visa interviews going and what are the questions that Visa Officers (VO) asking to members. Here I observed in Counter no#1,2 are women and in Counter no#3,4,5 are men officers. Counter # 6 and 7 are for Student as well as Visit visa sections.
 
My turn came and here are the interview details.
 
Me : Good morning
VO : Good morning. how are you?
Me : I am fine, thank you.
VO : Asked me to pass the folder
Me : I gave the folder
VO : After verifying few docs, Asked me what is your highist educations qualification?
Me : xxxxx
VO : When did you pass out?
Me : xxxxx
VO : How long you are working in present company?
Me : xxxxx years
VO : On which software's are you working?
Me : Working on xxxxx Softwares
VO : What is your US office name
Me : xxxxx
VO : US office address
Me : xxxxx ( I told address in shuffle manner)
VO : What is the project name
Me : xxxx
VO : The project is client or In-hose
Me : In-house
VO : What is your role in US office
Me : I will be work as a xxxxx
VO : So you studied and worked in mechanical design and will be work in US on the same area, is it right sir?
Me : I told Yes sir.
 
Then VO turned into my wife and asked her finger prints and then asked only one question.
 
VO : When did you got married?
My wife : xxxxx
 
Then the golden words come out.
 
VO : Your Visa is approved and Passport will be couriered to you with in a week
Me : Thank you sir.

I am surprised that VO hasn't asked me a single document. We kept the documents in a good order and prepared nice Index for the same.

This is how my visa experience.
I wish you all the best for future applicants who are planning to attend for H1B interviews. Thank GOD and thank you for all who helped me in this regard.

With regards,
Srinivas
Hyderabad
9849368803(M)

To learn more about transferring H1B, read discussion forums. Do not be desperate just to come down to States, I know it's a kick **** but it definitely kicks your **** once you get here.

Hang on Guys,
Coming to States on H1B is not fun if you do not have a job already. Coming to States in search of job as promised by your consultant would result in unnecessary waste of time and money.
If consultant says wait for 6-8 months, it is because market is really tight right now and you will not be able to find job easily or may not at all.
Finding another consultant who promises you to get a job is fake.
By the way you can come to states for fun and have a look around and return like if millions $ beckon you. Have a good time and take care.

I found this in one of the website please pass this to people who Are in need for such information

When I was looking around in the web to find information about 221g after receiving a 221g blue handout in sep 2007, I find little information that also spread all over the places. So I decided to collect all the information about 221g and put it in one place. So that’s the story behind this FAQ.

And a usual bit disclaimer here, I have collected all these information from many forums and websites, so its not a legal advice, and you are sincerely requested to consult or contact attorney/employer/consulate to take any decision pertaining your case.


What is 221(g)?

The document issued by the Department of State under Section 221(g) of the Immigration and Nationality Act (INA) is for the most part used for requesting additional information from the beneficiary such as missing documents, additional evidence, or advising them of not being able to issue their visa due to pending name/security checks i.e. Administrative Processing However, Section 221(g) is also used by the Department of State when returning petitions/applications to the USCIS for further review ultimately recommending revocation.


• 221G : A simple BLUE form asking for Extra Supporting Documents required by them to take a decision on your Visa Issuance. A case Number is Marked on this Form for your further communication.

• 221G : A PINK form, which means your case is put forth for further Administrative Processing – You will be given a Reference ID for you to Track the Details of your Case online. This is mostly issued if they are not satisfied about your current employer or Work Experience related information in IND or any other issues related to your Qualification or Other issues beyond our Knowledge.

• 221G : A WHITE form is a complex category 221G - They return the Case to USCIS for further Verification. ( Reason of doubt not Known ) Most of the cases we can zero onto Employers Issues.

• NO CODE - NO FORM: not given any Handout or any Code, but the Case been referred to USCIS for further Processing. This case may also comes under the 221G White Form Category.

How do I check the status of my case if I had handed out 221g Blue?

You can not check the status of the case if you are handed out a 221g blue. But people are sending mails to pertaining consulate mail address to get the update after waiting for a month to hear from them.

What are all the additional documents pertaining to employer have been asked to submit?

1. A Copy of the petition with all the supporting docs as filed to USCIS.—(petition to USCIS, education evaluation)

2. A Copy of the employment contract or letter of agreement signed by you and the petitioner. (Offer letter)

3. Petitioner Income tax returns for the last two years and financial statements.

4. A notarized list of all the petitioner’s employees for each location. The list should show all employee names, their specific job titles, start dates, end dates, and their individual salaries and immigration status.

5. State of unemployment wage reports, showing all the wages paid to each employee in the state, for the past three quarters as filed all states.

Unemployment wage reports are reports that show the wages paid to each employee of the organization (for a particular quarter of the year). These reports are given per quarter and are on a per state basis. The report should show the employee names and the exact wages paid to them for the corresponding quarter.

6. A copy of the contract between the U.S. employment agency and the job site.

7. A letter from the personnel department at the U.S. job site stating that there is a vacancy for you.

8. The applicant’s complete itinerary of services including company names and addresses.

9. A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline and current status, no. of employees assigned, worksite location, and marketing analysis for the final product.

How do I check the status of my case if I had handed out 221g pink?

If you received a pink handout at the time of your interview, you can check the status of your case at adminprocess page maintained in consulate website with your case number.

The case list is updated regularly to show the cases that have been processed. A case will have only one of three remarks “Pending process” or “Contact the Consulate” or “Send Passport”.
“Pending process”: Your case is still pending administrative processing. Consulate can not issue the visa prior to completing this processing. Consulate can not waive this processing for any applicant. This is not a matter of missing documents and is in no way related to the number of times an individual may have been able to obtain visas or enter the U.S. in the past. If your case is “Pending Process”, please DO NOT contact the Consulate or you may risk delaying the administrative processing of your visa.
“Contact Consulate”: Your case has been processed and the Consulate needs additional information from you to process the case to completion. Please e-mail Chennai consulate, In the subject line of your email indicate your case number and the remark “Contact American Consulate, Chennai”. Sample text could be: “The remarks against my case number on the website indicate “Contact Consulate”. Please let me know the documents I need to submit in order to further pursue my application.”

“Send Passport”: Each case will have specific instructions about the documents that an applicant is required to send.
• Please take the pink 221g letter with you while submitting your documents at the VFS office if you are submitting it in person. If you are mailing it to VFS, attach a copy of your pink 221g letter.
• Send in all necessary documents marked “Attention: CHENNAISAO” using VFS Services. The service fee of Rs.155/= per passport (inclusive taxes) is payable in cash or by DD/HDFC Bank Check favoring “HDFC Bank a/c VFS”.
• If you’ve been asked to send an itinerary with the passport, please attach proof that your travel plans are still valid and necessary.

How do I submit all the documents mentioned in the 221 (g)?
The documents can be dropped at any VFS center mentioned in back side of the 221g handout. VFS will charge Rs 155 as service fee to send back the originals you submitted so go with exact change.

Do I need to submit a new DS-156?
Yes. The ds-156 submitted at the time of interview will be expired after the interview. So you need to submit a new ds-156.

Do I need to submit the passport along with the documents?
You don’t need to submit the passport unless otherwise you are asked specifically to do so. If you are asked not to submit the passport, don’t worry. It does not indicate anything as whenever they finish the process and find out you are eligible for stamping the consulate will inform you to submit passport later.

How long will it take to get the response from consulate/USCIS?
No one knows the exact time frame. It depends on the case by case basis it may take anywhere between 2 weeks to one year or some time beyond that. But don’t worry most of the cases are cleared within 2 or 3 months at maximum.

Why are Petitions/Applications returned to the USCIS by an Embassy/Consulate under Section 221(g)?

Petitions/applications are returned for a variety of case specific reasons. Returning a petition/application to the USCIS means that the embassy/consulate refuses to issue a visa to the beneficiary, but they do not have specific evidence to actually deny a visa application. So the next best thing to do is return the petition/application to the USCIS office where the petition was originally filed requesting further review and ultimately recommending revocation.

Below are two such responses from the consulate mentioning that the case is returned to USCIS.

1. “Based on the documents you have submitted to us, and the information elicited in your interview with an American Consulate officer, you do not appear to be qualified for an H1B 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 non-immigrant worker field on your behalf of will be return to the United states Citizenship and immigration services (USCIS) with a memorandum explanation the facts of your case as presented to us at the time of interview. The US consulate in Chennai 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 can not be issued to any one whose application does not appear to the Consular office to meet the requirements of INA or the regulation there under.”


2. “Based on the documents you have submitted to us, and the information elicited in your interview with an American Consular Officer, we are 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 1-129 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 Chennai 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.”

What Happens When a Petition/Application is returned to the USCIS by an Embassy/Consulate?

• 221(g) is issued to beneficiary at conclusion of the interview stating the application and/or petition is being returned to the United States.
• Petition is returned to the United States by the interviewing consulate for "further review"
• Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management.
• Returned petition is sent to the local USCIS service center where the petition was originally filed and approved.
• Local service center receives returned petition.
• Local service center that processed the original petition sends a notice of receipt to the petitioner.
• Local service center reviews the returned petition and consular officer notes on the case.
• Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut.
• Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter.
• Local service center receives evidence...if in the timeframe given (30-60 days) the case is reviewed and either original approval is reaffirmed or the petition is officially denied.
• If the petition is denied the local service center sends the petitioner an 'official' denial letter. This can be officially appealed if the denial letter states such.
• If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation.
• Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.
• Consulate notifies the beneficiary of a new interview date.
• Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via Section 221(g) and returned again to the USCIS with a recommendation for revocation.

More info on the USCIS process

The Application is sent back to USCIS with a cover letter Explaining the First hand Impression / Out come which the VO has experienced with you. They would include the facts which they had drawn out from your personal Interview and the documents that you have submitted (with or without 221G).

Here at the USCIS they will again scrutinize all the documents including 29+LCA+DS156+157+ Documents submitted by you as per 221G ( If given ) mainly looking for the document where they had the doubt ( Most of the Cases its either the Project related or Federal Tax Returns ) . There are few figures on the Tax returns which they look for which gives them clear cut information regarding the salaries paid, employees on Bench and mainly – whether it is a Body Shopping negotiator or a Genuine Development Company.

If they have further doubts, they walk in into the company or Call or Fax your Employer asking for a clarification.

The COST for carrying out the whole process that we are talking about is already paid by YOU in advance .An amount of approx USD 500 is collected well in advance (at the time your Petition is filed) as a Fraud Detection and Prevention Fee to the Department of Homeland Security (DHS) which is later utilized for this process.

If USCIS is satisfied with the Employers explanation, and if they react to the communication promptly with right information, they will Approve your Visa right away and will intimate your concerned Zonal Consulate or the Consulate Mentioned on your 797 requesting them to issue you a VISA which would in turn send you a Letter (hard copy) or an Email asking you to post your Passport via VFS for the Stamping. (This is the Outcome if they had the uncertainty regarding the Employers Side of the Story or Documents or other issues related to your Employer).

But, If the Reason for returning your case to USCIS is based on your Ineligibility for a H1B (Like any Mis-Representation of Facts, Not able to acquire Qualifying Bench Mark like Bachelors in Comp Science, Minimum Required Work Experience, If Educational Evaluation unsatisfactory, other issues related to Your Side of the Story or related only to your Facts) Then the chances of getting a Positive Response is thinner. (Again not ruled out)


What is Denial or Revocation of a Petition?

Despite the petitioner's best arguments, the service center may deny the H-1B petition. It will provide the petitioner with a written decision outlining the basis for its action.

Finally, another unpleasant petition outcome results when the INS receives a recommendation from a U.S. consulate that, based on information obtained during the person's visa interview or from some other investigation, the INS should revoke the petition approval. The consulate may advise the INS that the beneficiary is not qualified for H-1B status, the company is not capable of a bona fide job offer, the job is not a specialty occupation, or there has been fraud committed. When this occurs, the INS will send the petitioner a notice stating its intent to revoke the petition. The petitioner has thirty days to respond with rebuttal evidence or legal argument, and the INS will then make a decision. If it revokes the petition, an appeal may be taken. If, however, the INS affirms the petition, it will inform the consulate so that the consulate may reconsider the visa application.

The INS may send a Notice of Intent to Revoke based on other derogatory evidence which is brought to its attention, such as (1) the beneficiary is no longer employed with the petitioner or working in the specialty occupation position identified in the petition, (2) the statement of facts in the petition was not true and correct, (3) the petitioner violated terms and conditions of the approved petition, or (4) some other violation of the H-1B program requirements has occurred. If the petitioner goes out of business or files a written withdrawal advising the INS that the beneficiary no longer works for it, revocation of the petition approval is "automatic" upon issuance of the letter. In other cases, the petitioner has thirty days in which to provide information rebutting the allegations listed in the Notice of Intent to revoke before the INS makes a final decision, in the procedure described above.


What to do after the denial?

First, the petitioner may appeal the decision within thirty days. It may submit additional evidence and a brief setting forth a legal argument for overturning the decision. The service center will review the decision and may overturn its own decision at that point. If not, the file is forwarded to the INS Administrative Appeals Office ("AAO") in Washington, D.C. The appeal process there may take several months or a year or more, so as a practical matter, this route is likely to be unsatisfactory from the standpoint of business needs. Nevertheless, the AAO will look at the case from a fresh perspective, and it does have a record of carefully considering petitioners' legal arguments and often overturning decisions made at the service center level.

Second, the petitioner can file a Motion to Reopen and Reconsider. In this proceeding, the petitioner submits new evidence and asks the service center to reopen the proceeding, consider the new evidence, and reverse the decision. Or the petitioner may not submit new evidence but simply ask for reconsideration on the basis of legal argument.

Finally, the petitioner can simply wait and file a new petition. A petition denial will not prevent the petition from being refiled. The new or refiled petition must disclose on its face that the prior petition was denied, and thus should include sufficient evidence and argument to overcome that denial. Depending on processing times at particular service centers or because of considerations about the beneficiary's status in or out of the U.S., this may in fact be the fastest way to resolve the problem.



And finally a bit of request, please share all the information you have in this thread to make the picture clearer. And I know this is not a complete FAQ about 221g , so if people post questions related to 221g here and with help of everyone we can make it a complete one.