221(g) denial

[sushil27]

Hi,

I had applied for a revalidation at chennai consulate about a 2 months ago and after getting interviewed at chennai consulate, my visa was denied due 221(g) to a difference in w2 and LCA.

Also during the 221(g) denial, the consulate kept all my original I797 and LCA as such my current employer who needs me tied up with a body shopper to get me another H1 (premium) from this body shopping company. Basically I will be working for my previous company, but now in the capacity as as a
consultant since I could not get a revalidation from my current company.

Based on the above history, my questions are:

1. Will I have any problem in getting a new H1 as I have to appear to the consulate for an interview sooner or later, and i have to show them that I will be consulting for my previous company on a project and knowing the fact that I was given a 221(g) while employed with my previous employer?

2.Will my past employment create any issues as I took pay cuts to the extent of 25% in my previous employment?

3.What additional steps should I take to ensure that this time my visa get's processed smoothly?

4. What kind of probable questions might I face?

5. Any other suggestions/advice will be appreciated

Thanks,

 

[nkm-oct23]

You are most likely to face a similar situation when you apply for another H1 visa at chennai (or anywhere else, for that matter.)
H1 employer is required by law to pay you the salary as per LCA. If there was a reduction in salary, the LCA should have been amended. If that was not done, your employer is in violation of H1 rules. Chennai (and possibly other consulates also) recently has become very strict in interpreting H1 rules due to several cases of H1 visas issued based on fraudulent documentation at Chennai.

I do not know how one can go back to correct these issues.
If you are willing to take the risk, you can try Canada or Mexico for a visa. But then it is very much possible that your 221g denial is in your records and these records are accessible to all consulates.
You can also try the Dept of State for visa revalidation if you meet all their requirements.