H1B Stamping in Chennai today and got 221G blue form. Please read inside and help me

juniorbansal

New Member
VO STANDS FOR VISA OFFICER

VO: Hello

Me: GM Sir

VO: Documents Please

Me: Handed over I797, I129 and LCA

VO: Since how long are you working for XXXXX

Me: I am going to join them for the first time as a new employee

VO: How did you come to know bout XXXXX

Me: Employee referral

VO: Looking at his screen for long time . close to 4 minutes. Wrote AAP on both me and my wife's appointment letters

VO: Are you going to work for a client project or in house project?

Me: Client project. Client is YYYY and Project is ZZZZZ - explained a bit about it. He was OK with it.

VO: Asked me to repeat client and projects name and typed the same in his screen

VO: Did you give any money to process your visa

Me: No. Absolutely Not

VO: Recorded my answer. Did you sign any bond with your employer?

Me: No. It is based on free will

VO: Recorded my answer.You told me you came to know about XXXXX through employee referral. Can you please elaborate who referred you?

Me: One of my friend in the US worked for XXXXX in the past referred me.

VO: OK. Typing something more in his system. Actually recording everything that we talked

VO: Tell me about your previous visit to the USA

Me: Told everything.

VO: Can i see your resume

Me: Gave the resume.

VO: Cool. that you have worked for good companies in the past. You have a good profile too

Me: Thanks

VO: Do you know your rights. Did you read the sheet that was given to you?

Me: Yes. I did

VO: OK. decision time!

VO: I AM SORRY. I CANNOT APPROVE YOUR VISA NOW. XXXXX PRESIDENT HAS BEEN IMPLICATED FOR IMMIGRATION FRAUD RELATED MATTERS. I ALSO SEE SOME COMPLAINTS FROM DEPARTMENT OF LABOR THAT XXXXX HAD NOT PAID ITS EMPLOYEES QUITE A FEW TIMES IN THE PAST AND ASKING EMPLOYEES TO SIGN ILLEGAL BONDS AND ALSO ASKING FOR H1B PROCESSING FEES WHICH IS AGAIN ILLEGAL TOO. YOUR CASE WOULD NEED ADMINISTRATIVE PROCESSING.

VO: TOOK 221G BLUE FORM, CIRCLED ALMOST ALL OPTIONS ON THE FROM PETIONER SIDE. FROM EMPLOYEE SIDE NONE WERE SELECTED. PLEASE GET THESE EVIDENCES CIRCLED AND DROP IT IN VFS DROP BOX ALONG WITH YOUR PASSPORTS, PETITION. WE WILL LET YOU KNOW ONCE PROCESSING IS COMPLETE

VO: GAVE THE PASSPORTS BACK TO US.YOU DONT NEED TO APPEAR FOR A INTERVIEW AGAIN. JUST DROP THE DOCUMENTS AND WE WILL CONTACT YOU

Me: DO YOU WANT TO SEE ANY MORE DOCUMENTS? A FEW DOCUMENTS THAT YOU HAD CIRCLED IN 221G IS AVAILABLE WITH ME AT HAND RIGHT NOW

VO: NOT NEEDED. PLEASE PUT THEM IN THE DROP BOX

VO: IF YOU WOULD LIKE TO WITHDRAW YOUR H1B PETITION PLEASE LET US KNOW? PERSONALLY I FEEL ITS BETTER YOU WITHDRAW THIS PETITION AND APPLY FOR FRESH CASE THROUGH A GOOD EMPLOYER TO KEEP YOUR RECORD CLEAN. IF YOU SUBMIT FURTHER DOCS AND IT GETS DENIED, IT WOULD BE IN YOUR RECORD.BUT IF YOU WITHDRAW YOU WONT BE IN MUCH TROUBLE IN THE FUTURE

Me: SO DOES THAT MEAN EVEN IF I COLLECT ALL DOCUMENTS AND PUT IT IN DROP BOX MY CASE MIGHT GET DENIED?

VO: I CAN'T SAY. HAVE A NICE DAY SIR.

Me: TOOK EVERYTHING AND MOVED AWAY.

The following were circled in the 221g

1)A copy of the petition with all supporting documents as filed to USCIS - I have this

2)A copy of the employment contract or letter of agreement sighned by you and the petitioner - I have this

3)Petitioner's income tax returns for the last two years and financial statements - for how many years have you sent me? Since this is sealed you need to tell me - I have this

4)A notarized list of all the petitioner's employees of the job site listed.The list should show all employee's names,their individual salaries and immigration status - Have asked employer for this

5)State unemployment wage reports,showing all wages paid to each employee in the stae, for the past three quarters as filed to :----All states
(This should be the actual forms filed to the state authorities listing each employee and wages paid during the quarter) - Have asked employer for this

6)A copy of contract between the US employment agency(petitioner) and the job site (the location where you will work actually) - Have asked employer for this

7)A letter (on letter head) from the personal department at the US job site stating that there ia a vacancy for you. - Have asked employer for this

8)A letter from the client(End Client letter) company sponsring the project and a copy of the contract between the U.S. -based petitioner and the client company,stating the timing,terms and agreement for your project - I have this.

I was thru a BEP company in the US between 2007 to 2009.My son is a US Citizen. I made sure that the VO sees it before looking at our case. Once he had a look at it he showed a lot of soft corner on me. Thats the basis for him telling the reason for not approving my visa. This company is a small one and close to 73 employees are working in it.

No my Q is since i am given 221g for company president being implicated for immigration fraud and DOL complaints for non payment of wages is there any possibility of my visa getting stamped even if i submit the docs in the drop box? Please let me know.
 
Based on what you were told, you would be foolish, IMO, to work for that company even if your visa happens to be approved. Find a good employer who treats their employees according to US law before trying to get stamping again.
 
The issue is not with you. Its with the employer, which is a clearly unethical employer. I would advise you to withdraw your application and get a good employer.
 
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