221g section- visa was not issued

I don't think he can reenter the US as an unexpired F-1 visa stamp is alone not sufficient. He would have needed a valid unexpired I-20 with an endorsement from the school permitting the reentry to successfully use the F-1 visa to reenter the US.

I fear that the only two options would be to stay in Mexico (if the Mexican visa permits it) or to go back to home country and wait there.

Don't try to enter using F1 visa or any other questionable means. It'll make things worse. If your cousin works for a company that is generally legitimate, the H1 approval should come through. I think it's best you wait.

Do you know if the H1B approval came with a new I-94 attached at the bottom? If NO, then it may mean trouble. (Your cousin should have obtained a stamping before starting a job in that case).

I think the expense of consulting an attorney is not much more than a day's stay at a good hotel, so it may be worthwhile.
 
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He was tried to go back to Embassy to meet consular officer, but he was denied entry. He is trying to get some support documents from his employer and try another attempt to meet consular officer again. I will tell him that he can request a letter from consular office to enter into USA when I talked to him next time.

Is there any one in this situation or know off? Any input is greatly appreciated. Thanks.
 
It is doubtful if consular officer will issue such a letter. If the consular officer wished to let him reenter the US, he/she would have stamped the visa. Visa is nothing but the permission to reenter.

I think you may be causing yourself more damage by repeatedly trying to go to the Embassay in Mexico. If a visa is rejected in a third country national application, the standard procedure is to reapply from home country.

There's not much gained by being in Mexico. Long ago, it made a difference because Mexico was a border state. But now, as far as reentring US is concerened, it makes no difference if your cousin is arriving from Mexico or home country. He needs a valid visa, and not much else will let him reenter.

Talk to an attorney before you try going back to embassay again.
 
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Thanks for your valuable opinions. I would consult a attorney right away before he attempt to meet consular office again.
 
221 g query

Friends,
Finally my employer posted all the required documents yesterday. I may recieve it by this weekend. I am planning to attend for interview in Chennai next week on 22nd Dec.

Meanwhile someone like cuteblrguy who has re-appeared for interview after 221-g query can update me regarding the interview process for this kind of case. Like how are they checking documents and tax forms. Will they take some time(days) or immediately they are giving Visas.
 
Hi ksprasad how was ur second interview at consulate

Hi

Prasad, i have not yet gone for interview,please let me know,how was interview and also questions,pls let me know your phone number,i can call u,awaiting for ur earliest response,

im PLANNING TO ATTEND MY INTERVIEW NEXT MONDAY,ur suggestions are surely appreciated
 
221 g case

Guys,
I am happy to announce that I got my H1 Visa approved. Went to consulate 2nd time on 22nd Dec after a 221(g). My employer sent me all the required documents though for some qeury he gave some answers without sending(w2 forms).
I went inside the consulate at 10AM and came out at 3PM. I was interviewed twice by 2 different officers.

Interview process went on like this::

1. This time also same officer took my interview. He asked me about the new set of documents that are asked in 221-g form. I had already put in the file and I said all the docs are already put in the file. He just went through all the docs once.
2. He asked what language I am familiar in programming. I told Java. He went inside and got some Java related Questionnaire and asked me few basic technical questions in Java. I did answer some answers and some wrong. It was a surprise for me. My degree is Mechanical engineering so probably he tested me in programming.
3. Again I was asked to wait for another round of interview with different officer. This time a lady officer asked me What I would do if my employer did not pay me. I told He will pay me even if I am on bench. She told they will not pay.
4. She asked where is my wife. I told she has done MS in US and returned back. Currently working in India in xxx company.
5. Again she asked Is my wife interested in going to US. I told yes and she has also applied for Visa along with me for the same employer.
6. She just thought for a while and told me if either one of us get good job then its easy to survive. Asked me to go and pay the fee in counter 1.

That was it. I just paid the visa fee and came out @ 3PM.

Thank you all who has guided me in this regard
Regards
Shiva
 
Got H1B refused due to 221(g)

hi
i got my visa refused by the us consul at mumbai.
the officer said that,
"
There are some clearances to be done
regarding your case so your visa cannot be approved
right now, we might call you for another round of
interview."
He hasnt told me to get any more documents, but simply said that they could call in 2 weeks time.

Has this happend to anyone before? Can anyone pls tell me if there is still some chance of getting my visa stamped?
 
Hello,

My friend's H1B has been put on hold under section 221g as they need some additional documents.....does he need to take an appointment again? He has to appear at Delhi embassy.

Thanks!
 
221g

Hapless,
No need of appointment. Consulate will give a letter which says you can appear anytime. So ask your friend to keep that letter carefully.
Regards
Shiva
 
Oooooh Finally Got H1b Visa

Hi

friends,finally on december 26th ive gone for interview 2nd time and they have issued me counter visa now,

so thats story of mycase,so 221g guys need not worry some times if u dont have proper docuementation also,all enquiries are dumb

cuteblrguy
 
Is there any time limit

Are we bound by time ..
Is 221g says something about general time limit in which we have to get visa stamped or we can stay in us till 797 approval date..
 
H1B Refusal in Delhi consulate - I belong to chennai consular district

Hi,

I belong to chennai consular district.

As the dates were not available in chennai till April, I got the appointment in Feb in Delhi consulate.

I had taken the interview on Feb 14th . Consular was asking me 4 / 5 questions and I was answering to them.

In one of the question... she asked me what technologies you are working here... I said I am working on technologies like Java, J2EE...

Question : WHy you want to go there?
Ans : I want to get oversees experience...

Question : Oversees experience means?

ANs : I answered that I am going to work on Java... and before I finish my answer... she said here also Java... there also Java... do not say that....

I answered her I would be using Java to develope ERP application.. and different domain..

Again she intrupted me and she said that here also people do that..

Ans : But working close with client will give me different work experience, differnt domains like Banking and finance..

I think she was convinced with the answer...

Then she asked me to show the petition... and I shown the petition.

Then she would have seen that I belong to chennai consular district..

She gave me a form stating the refusal to issue visa in Delhi consulate ( Section - 221 (g)) and ticked the section

"You are not a resident of the New Delhi consular
district. Please apply in the circled consulate - ie
Chennai"

So I have to reapply to chennai. And the procedure
is same like.. I have to get the appointment and go
for that.

Is this plain rejection due to attending the interview in diff consulate... or is there anything wrong in the way i answered / the consular is not convinced..

Please give your suggesion / views on this..

Can u just post the reply, any of ur known friends this
kind of case happened and section under which
their visa was refused... and how tough/ easy it was
the interview in Chennai.. when they reapplied....

Regards,
geema
 
I think it was refused because you were in the wrong consulate. They usually cannot reject H1 (unless your papers are insufficient or they detect fraud). So, don't worry. Go ahead and apply at Chennai

geema said:
Hi,

I belong to chennai consular district.

As the dates were not available in chennai till April, I got the appointment in Feb in Delhi consulate.

I had taken the interview on Feb 14th . Consular was asking me 4 / 5 questions and I was answering to them.

In one of the question... she asked me what technologies you are working here... I said I am working on technologies like Java, J2EE...

Question : WHy you want to go there?
Ans : I want to get oversees experience...

Question : Oversees experience means?

ANs : I answered that I am going to work on Java... and before I finish my answer... she said here also Java... there also Java... do not say that....

I answered her I would be using Java to develope ERP application.. and different domain..

Again she intrupted me and she said that here also people do that..

Ans : But working close with client will give me different work experience, differnt domains like Banking and finance..

I think she was convinced with the answer...

Then she asked me to show the petition... and I shown the petition.

Then she would have seen that I belong to chennai consular district..

She gave me a form stating the refusal to issue visa in Delhi consulate ( Section - 221 (g)) and ticked the section

"You are not a resident of the New Delhi consular
district. Please apply in the circled consulate - ie
Chennai"

So I have to reapply to chennai. And the procedure
is same like.. I have to get the appointment and go
for that.

Is this plain rejection due to attending the interview in diff consulate... or is there anything wrong in the way i answered / the consular is not convinced..

Please give your suggesion / views on this..

Can u just post the reply, any of ur known friends this
kind of case happened and section under which
their visa was refused... and how tough/ easy it was
the interview in Chennai.. when they reapplied....

Regards,
geema
 
221 g bitten

221 g

Hi,
My name is Pavan Right now I am in India and have a query on my H1B.

My case:

I went to delhi for H1B stamping on september 13 and the consulate asked me to get some papers which i happen to take on sept 30 2004 and the consulate has placed a query of Administrative processing on H1B and it has been already 6 months and i havent recieved any mail from us consulate from delhi regarding my case. I have done my masters from usa and came for a h1b stamping to india.( change of status from f1 to h1)

My questions are:

1. What is administrative processing and it takes how many days ?

2. Is it possible for me to go to chennai when my administraive processing is going on?


Type of Visa: H1B
Consulate attended: Delhi
Dates attended: Sept 13, 2004 and Sept 30, 2004
Type of Query: US employee check
Documents with the consulate:
1. LCA
2. I129 Petition
3. W2 of all the employees
4.Experience letters
5.Company contracts

waiting for the reply from consulate from past 6 months

Contact no : ( local) 9848803358 ( Hyderabad No:) Email : kandarpa_99@yahoo.com

Can anybody advice me on this.

All The best
Pavan
 
Pavan: Generally takes 8-12 weeks. Call them and find out why its taking that much time. Do you know why they are doing the admin processing? What is their concern?
 
I don't think going to Chennai is going to do you any good. (I am not sure how long the processing takes).

My guess is that your name is entered in their system (which will show that the processing is being done). So, if you go to Chennai and they enter your name is the system, the chances are they are going to see what Delhi consulate is up to.

Hope you can hear from someone who has gone thro a situation similar to yours

It appears to me that they are trying to make sure your company is "real" and exisitng and not just a made up one. However, it is surprising that it has taken so long!!
Good Luck
pavu said:
221 g

Hi,
My name is Pavan Right now I am in India and have a query on my H1B.

My case:

I went to delhi for H1B stamping on september 13 and the consulate asked me to get some papers which i happen to take on sept 30 2004 and the consulate has placed a query of Administrative processing on H1B and it has been already 6 months and i havent recieved any mail from us consulate from delhi regarding my case. I have done my masters from usa and came for a h1b stamping to india.( change of status from f1 to h1)

My questions are:

1. What is administrative processing and it takes how many days ?

2. Is it possible for me to go to chennai when my administraive processing is going on?


Type of Visa: H1B
Consulate attended: Delhi
Dates attended: Sept 13, 2004 and Sept 30, 2004
Type of Query: US employee check
Documents with the consulate:
1. LCA
2. I129 Petition
3. W2 of all the employees
4.Experience letters
5.Company contracts

waiting for the reply from consulate from past 6 months

Contact no : ( local) 9848803358 ( Hyderabad No:) Email : kandarpa_99@yahoo.com

Can anybody advice me on this.

All The best
Pavan
 
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