221(g) on H1B Visa at New Delhi Consulate

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queryH1B

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Hi!

My cousin got 221(g) refusal on H1B visa from US consulate in New Delhi in Sept 2005.

They saw only his Passport, DS-156,157 and I-797. The consular officer said there is some problem with the form and she needs to enquire something from Washington. She said it requires some administrative processing. My cousin had never been to US, so I wonder what are they gonna find out about him from Washington. Is it that they want to check about the company? But they didn't even ask him to furnish the documents about company like pictures-inside out, W2, Offer Letter etc. The Consular officer said, "I really want to give you the visa, but some further enquiry is required from Washington"

The company who has applied for my cousin's H1B has filed more than 60 new H1B petitions this year and all are approved, and a lot of the candidates got stamping from Mumbai consulate already. But my cousin was the first one hired by that company to go to New Delhi Consulate this year. This company has more than 50 employees in US right now.

Has it something to do with the credentials of the company or my cousin?

My cousin is a BE-Computer Sc with 1.5 years of work experience in a reputed MNC. His credentials seem to be fine.

The questions asked were:
Q1: How long have you been working with your current employer?
A: 1.5 years
Q2: How do you know about this company XYZ Inc, in US?
A: One of my friend joined that company last year and he referred me the job in that company. I emailed my resume and was interviewed subsequently.
Q3: How much will they pay you?
A: USD 50K per annum
Q4: Do you have any relatives in US?
A: No
Q5: What salary, you said, this company will pay you?
A: USD 50K per annum

During the entire discussion consular officer kept staring at her computer monitor and kept saying, there is some problem. She also made my cousin sit and wait till she interviewed 2-3 other candidates. Then she called my cousin, asked him the salary again (third time) and then said, "I really want to give you the visa, but some further enquiry is required from Washington. We will call you again after 4-6 weeks".

She kept both the demand drafts with her and the forms DS-156 and 157 alongwith passport copy.

Can someone advise. I'll be grateful for your reply.

Regards
Lax
 
221(g) on H1B visa

Well, the salary on LCA was 47K per annum. And as per my knowledge, the salary that employer has to pay should not be less than one mentioned on LCA. It can be higher though.

But the problem is the Consular officer didn't see the LCA or any other documents.

I have heard that people with some common names/second names like Patel/Singh get 221(g) for administrative processing. The reason being there are plenty of people with such names and the probability of people with such names and having bad track record in US is high. So they get it checked from the DOS in Washington. Another reason might be checking employer's credentials. But I have come to know that all other employees of this employer are getting stamping done from Mumbai Consulate without any issues.

So I guess, my cousin credentials are being verified by DOS, and the reason seems his second name i.e., Singh.

Any comments anyone?
 
His total work exp is 1.5 years. But that is not at issue as many people with 3 months/6 months or 1 year of experience get the H1B visa.
Some of my cousin's classmates (with same 1.5 years of work ex) got their visa stamped in Delhi Consulate this month itself.
So experience, in this case, is definitely not an issue.
PS: My cousin is a software engineer by qualification (BE-Computer Science)

Regards
Lax
 
Hi!

I'll greatly appreciate the reply to my query, "Why in the first place did my cousin got 221(g) refusal. As per the attorney of his employer nothing could go wrong to his visa application as he is a Computer Sc engineer with good work ex."

Is there anyone else who got 221(g) in Delhi consulate off late?

Regards
Lax
 
I think because of the salary difference, they might have made it in to admin processing.

HE SHOULD HAVE STRICTLY SAID THE ONE MENTIONED IN LCA. If you go through the LCA, there is a column that says prevaling rate (which is taken from some 3rd party surveys etc) and employer then specify what exactly the salary you will be offered while filing LCA (which will be around 10% higher than prevaling rate).

The salary mentioned on LCA should be same as mentioned in offer letter and same should be informed to Consulate.

I guess at this point there is no choice except to wait. However you should keep checking the status once a week as I guess it takes around 3-4 weeks and in some cases longer too.
 
thanks a_kapoor

thanks so much for the reply.

i think you are right, that might be the case. this company didi that with two other guys who got the stamping done in US consulate, Mumbai and are in US now. But my cousin went to Delhi consulate.

It has already been over 8 weeks now.

Can you tell me one more thing, is it legally permissible to offer a salary which is higher than the one mentioned in LCA? My cousin's LCA mentioned 47K and offer letter mentioned 50K, which is only 6% higher than the one on LCA. In US, many people get much more high salary than the on on LCA. I think it is not a problem, but can anyone reconfirm?

Thanks a lot of your valuable time.
 
can anyone help

He called US Consulate in New Delhi because it has been over 8 weeks. They said the case is still pending and they don't know how long will it take.

Can anyone tell me the contact number of DOS in Washington DC or any other authority who can help.

Thanks!
 
Hi All,
Please do let us all know the outcome of your case, I guess that will be of lot of help to many others. So whats preferred you have exactly same figure on offer letter, LCA and in front of the officer? :rolleyes:
Keep posted !!
 
My cousin got a call from them

My cousin got a call from them last week, telling to visit them on any working day. Can anyone inform what documents and demand drafts for fees should he take.

Also he received a call only and not an email. He asked if they are gonna send an email also, they said no. Is it ok to go there on the basis of a phone call only?

Also I have checked about the salary mentioned on LCA and offer letter. The LCA's salary is the minimum the employer must pay. But there is no restriction on upper limit. Therefore, in his case the salary on LCA (47K) and that on Offer letter (50K) is absolutely fine. Employer can pay him anything above 47K.
 
You are again going to make a blunder mistake.
Do not Do Not specify the salary that is not mentioned in the Offer Letter or LCA.

No matter employer pays 50K or 500K, whatever is mentioned in LCA or Offer Letter, tell that only.
 
a_kapoor said:
You are again going to make a blunder mistake.
Do not Do Not specify the salary that is not mentioned in the Offer Letter or LCA.

No matter employer pays 50K or 500K, whatever is mentioned in LCA or Offer Letter, tell that only.
Click to expand...

a_kapoor - One should specify the salary thats specified in Offer Letter. Of course Offer Letter salary should be at least equal to the one specified in LCA. Having more salary than specified in LCA is not issue.
 
athuranand: I think you have been mistaken.
The original part of this thread was that the salary that was mentioned to VO was higher than what was written in offer letter bcoz of which 221g was there.

1) the salary mentioned in offer letter should be 10-20% maximum higher than mentioned in Offer letter. Talk to any attorney if you have any further doubt on this.
2) Salary that is metioned in offer letter should only be spoken to VO, no matter what ever salary u get.
 
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