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221g section- visa was not issued
- Thread starter cuteblrguy
- Start date
Sai_Kumar01
Registered Users (C)
221(g) is refusal/denial or it’s a just another note to go to consulate to get visa.
If I go for Visa:
1) On visa application when it says: ‘Has your visa ever been rejected’, should I say ‘Yes’ or ‘No’.
2) I am wondering 221(g) is refusal/denial or it’s a just another note to go to consulate to get visa.
3) How did you mange to get the visa.
If you could explain to me that would a big favor.
Thanks a lot in advance,
Kumar
If I go for Visa:
1) On visa application when it says: ‘Has your visa ever been rejected’, should I say ‘Yes’ or ‘No’.
2) I am wondering 221(g) is refusal/denial or it’s a just another note to go to consulate to get visa.
3) How did you mange to get the visa.
If you could explain to me that would a big favor.
Thanks a lot in advance,
Kumar
221g is NOT denial. It just means that they need more time for getting some more info..
If I go for Visa:
1) On visa application when it says: ‘Has your visa ever been rejected’, should I say ‘Yes’ or ‘No’.
2) I am wondering 221(g) is refusal/denial or it’s a just another note to go to consulate to get visa.
3) How did you mange to get the visa.
If you could explain to me that would a big favor.
Thanks a lot in advance,
Kumar
Sai_Kumar01
Registered Users (C)
First,let me thank you ‘ela6’ for your reply.
Earlier, when I applied for Visa I got 221(g):
We are unable to process your visa application under section 221(g) of the immigration and national act for the following reason.
“Your application is not clearly approvable at this time. Per regulations, you require a personal interview with a consular officer. You must apply for a new visa overseas at U.S embassy or consulate that process non-immigration visa applications.
Now, I am wonder what should I say on visa application for:
31) Have You Ever Been Refused a U.S. Visa, I should say ‘Yes’ or ‘No’.
Thanks
Kumar
Earlier, when I applied for Visa I got 221(g):
We are unable to process your visa application under section 221(g) of the immigration and national act for the following reason.
“Your application is not clearly approvable at this time. Per regulations, you require a personal interview with a consular officer. You must apply for a new visa overseas at U.S embassy or consulate that process non-immigration visa applications.
Now, I am wonder what should I say on visa application for:
31) Have You Ever Been Refused a U.S. Visa, I should say ‘Yes’ or ‘No’.
Thanks
Kumar
susan ward
Banned
First,let me thank you ‘ela6’ for your reply.
Earlier, when I applied for Visa I got 221(g):
We are unable to process your visa application under section 221(g) of the immigration and national act for the following reason.
“Your application is not clearly approvable at this time. Per regulations, you require a personal interview with a consular officer. You must apply for a new visa overseas at U.S embassy or consulate that process non-immigration visa applications.
Now, I am wonder what should I say on visa application for:
31) Have You Ever Been Refused a U.S. Visa, I should say ‘Yes’ or ‘No’.
Thanks
Kumar
You must tick the YES box
Sai_Kumar01
Registered Users (C)
Well, I just received my passport and a letter printed on white paper with 221(g) mark on it. And there are no marks on the passport.
Your experience/knowledge sharing is appreciated
Thanks,
Kumar
Your experience/knowledge sharing is appreciated
Thanks,
Kumar
You can check "yes". Then within brackets say 221 (g) and that you have been asked to apply overseas.
The chances are that even if you go to India and apply, they will take time to process the H1 visa. I am not sure if you work in a science area or any area under TAL (technology alert list - google for info) or you work for a small company and they are trying to make sure that it is not a fabricated company. Some times they try to figure out if your degrees are real..
Bottom line, expect delays when you apply for visa. I am not sure how long it takes to clear the security check, company check, degree check, etc. I think some one said it took 20 months????
Unless you are going to get married or something, don't take the chance. If you are going to see your parents, bring them over instead. If you get stuck, then it is going to take time, what will your company do if you are gone for 3 to 6 months? If they let you work from India, then it is fine. Otherwise, not worth it.
Go if you really really need to go....
First of all try to guess why they gave you 221g - occupation under TAL, degree check, company check and then base your decision.
The chances are that even if you go to India and apply, they will take time to process the H1 visa. I am not sure if you work in a science area or any area under TAL (technology alert list - google for info) or you work for a small company and they are trying to make sure that it is not a fabricated company. Some times they try to figure out if your degrees are real..
Bottom line, expect delays when you apply for visa. I am not sure how long it takes to clear the security check, company check, degree check, etc. I think some one said it took 20 months????
Unless you are going to get married or something, don't take the chance. If you are going to see your parents, bring them over instead. If you get stuck, then it is going to take time, what will your company do if you are gone for 3 to 6 months? If they let you work from India, then it is fine. Otherwise, not worth it.
Go if you really really need to go....
First of all try to guess why they gave you 221g - occupation under TAL, degree check, company check and then base your decision.
Well, I just received my passport and a letter printed on white paper with 221(g) mark on it. And there are no marks on the passport.
Your experience/knowledge sharing is appreciated
Thanks,
Kumar
Sai_Kumar01
Registered Users (C)
That’s sounds reasonable one, actually I have maters degree from US, my company turnover is more than 10 millions and my I-140 is approved and received EAD card
I feel like should I go for Visa or should I use advance parole.
Thanks,
Kumar
I feel like should I go for Visa or should I use advance parole.
Thanks,
Kumar
Kumar,
I don't really see why you need to hang on to H1! If you use EAD, then you are leaving H1 anyway. Do you really want to spend time and money getting a H1 visa stamp when you have the easy route of AP? In my opiniion, it is a no brainer - go for AP. By using EAD/AP, you are depending upon 485. You are in trouble only if 485 is denied - in general, 485 is not rejected unless it is fraud or something.
Thanks
Ela
I don't really see why you need to hang on to H1! If you use EAD, then you are leaving H1 anyway. Do you really want to spend time and money getting a H1 visa stamp when you have the easy route of AP? In my opiniion, it is a no brainer - go for AP. By using EAD/AP, you are depending upon 485. You are in trouble only if 485 is denied - in general, 485 is not rejected unless it is fraud or something.
Thanks
Ela
That’s sounds reasonable one, actually I have maters degree from US, my company turnover is more than 10 millions and my I-140 is approved and received EAD card
I feel like should I go for Visa or should I use advance parole.
Thanks,
Kumar
Sai_Kumar01
Registered Users (C)
Thanks ‘ela6’.
That’s right, eventually I will move on to EAD if 485 will be in pending state because of too many applications, I was wondering why people suggest to stay on H1 and not to use AP.
Thanks again!
~Kumar
That’s right, eventually I will move on to EAD if 485 will be in pending state because of too many applications, I was wondering why people suggest to stay on H1 and not to use AP.
Thanks again!
~Kumar
poorniVivek
New Member
Hi,
My husband went for H1B Visa stamping this September to Chennai and he got a 221g blue form.They said they will contact him back after administrative processing.Its been 3 months now and we have not heard anything back, can anyone tell how long will it take? Can we track somehow and estimate when we would hear back?Is there a minimum and maximum day limits for processing in such cases..? I am in USA already on H1 and am waiting for my husband to join me here.....If its going to take too long then I am planning to go back.Any suggestions or info regarding 221g pls.
Meanwhile just saw the threads posted in this forum, some said 20 months some said 15 days, am confused.My husband is applied through a consultancy which is good and has good clients.
Thanks.
My husband went for H1B Visa stamping this September to Chennai and he got a 221g blue form.They said they will contact him back after administrative processing.Its been 3 months now and we have not heard anything back, can anyone tell how long will it take? Can we track somehow and estimate when we would hear back?Is there a minimum and maximum day limits for processing in such cases..? I am in USA already on H1 and am waiting for my husband to join me here.....If its going to take too long then I am planning to go back.Any suggestions or info regarding 221g pls.
Meanwhile just saw the threads posted in this forum, some said 20 months some said 15 days, am confused.My husband is applied through a consultancy which is good and has good clients.
Thanks.
Thanks ‘ela6’.
That’s right, eventually I will move on to EAD if 485 will be in pending state because of too many applications, I was wondering why people suggest to stay on H1 and not to use AP.
Thanks again!
~Kumar
Sai_kumar,
I am exact in your situation. In 2004, I also got white 221(g) when I sent my passport for stamping with in US (St. Lewis) when it was allowed.
Now I want to visit India (I have EAD and AP but just want to be on H1 as much as I can) and also have an appointment book for Canada stamping. Can you please update about your stamping experience? Also, did you mentioned in your visa application about 221(g) or not?
Appreciate your reply...
Thanks,
I don't think there is any fixed time to clear 221g. The amount of time it takes depends upon what they are trying to check. For example, they can check the background (whether the person is under FBI watch,etc) or they can check the person's credentials (degree, employment, etc). That is why you see the variable. I am guessing that the person who took very long to clear could have had some "hit" in the database during background checking. In which case, they might have had to do manual checking to ensure that it is a false alarm. It might take some time.
I am guessing that most cases take about 3 months to clear. Hopefully, others step in and educate us..
Good luck.
Ela
I am guessing that most cases take about 3 months to clear. Hopefully, others step in and educate us..
Good luck.
Ela
Hi,
My husband went for H1B Visa stamping this September to Chennai and he got a 221g blue form.They said they will contact him back after administrative processing.Its been 3 months now and we have not heard anything back, can anyone tell how long will it take? Can we track somehow and estimate when we would hear back?Is there a minimum and maximum day limits for processing in such cases..? I am in USA already on H1 and am waiting for my husband to join me here.....If its going to take too long then I am planning to go back.Any suggestions or info regarding 221g pls.
Meanwhile just saw the threads posted in this forum, some said 20 months some said 15 days, am confused.My husband is applied through a consultancy which is good and has good clients.
Thanks.
I am yet to hear from someone why it is advantageous to hold on to H1. I think it is more of "fear of unknown".
Logically, it does not make sense to hold on to H1. Make sure EAD renewal application is sent well before 3 months before expiry and also permanently save the proof of mailing. Eventually, when the green card is about to be approved, you may have to prove that you were in status all the time (this proof of mailing will save you even if you did not receive the EAD card on time).
good luck
Ela
Logically, it does not make sense to hold on to H1. Make sure EAD renewal application is sent well before 3 months before expiry and also permanently save the proof of mailing. Eventually, when the green card is about to be approved, you may have to prove that you were in status all the time (this proof of mailing will save you even if you did not receive the EAD card on time).
good luck
Ela
Thanks ‘ela6’.
That’s right, eventually I will move on to EAD if 485 will be in pending state because of too many applications, I was wondering why people suggest to stay on H1 and not to use AP.
Thanks again!
~Kumar
I am yet to hear from someone why it is advantageous to hold on to H1. I think it is more of "fear of unknown".
Logically, it does not make sense to hold on to H1. Make sure EAD renewal application is sent well before 3 months before expiry and also permanently save the proof of mailing. Eventually, when the green card is about to be approved, you may have to prove that you were in status all the time (this proof of mailing will save you even if you did not receive the EAD card on time).
good luck
Ela
As far as I know, following are the adventages of using H1 even though you have AP/EAD.
1. In an event of any kind of denial in 485, you don't have to be panic/leave the country. ( I have seen people missing fingerprint appointment and their 485 case getting denied. They missed fingerprint just because they did not get post. There are many more reasons for 485 denial even though everything is perfect.)
2. When you are on H1, you get more protection for your wages. Employers have to pay the mentoned wages otherwise you have a right to complain labor department.
3. You don't have to extend your EAD/AP every year if you get 3 year of H1 extention.
4. Extending EAD/AP is expensive then H1 because H1 extension is employers responsibility so all cost associated with it goes to employers account while AP/EAD goes to our account.
5. If you mentain your H1 status, it gives AP/EAD as a backup option in case you need so.
6. If you are unmarried and your 485 date is not current, lets say you go to your home country and get married. The only way to bring your wife would be H4 if you have maintained H1 otherwise I don't know how to bring her.
There might be few more depending upon individual case. Personally, I feel more secure with more options if I maintain H1 even though I am qualified to get EAD/AP.
Hi Dsugandhi,
I welcome your comments. I want to make it very clear, I am not trying to argue in this posting. It is more of a friendly discussion. No hard feelings here..I feel that only if we discuss, the strengths and weakness of the 2 options will be clear and one can make a decsion. So with that in mind, I think the most relevant point is item#1 of your posting. How far #1 is true is really dependent upon how one can use H1 to get back on track. I am not really sure how one can pull it off just by clinging on to H1 (after 485 is rejected).
One has to think about the possible scenarios:
1. Employer fires, losing H1
2. 485 rejected
The scenario #1 is more common. In which case EAD can come in handy..
I am not sure how one goes forward with 485 rejection. (especially if they are on H1 extension based on the current job/I140).
I think the best thing one can do is to still keep renewing EAD/AP (it has other benefits as you can do odd jobs, open a small business, etc) especially if you want to travel. If something happens to the job, you are never out of status as EAD would protect you. Considering the retrogression, one might have to wait atleast three years on an average and so H1 stamping will come into picture. It is way better to use AP (abandon H1) than to apply for H1 (spending on airfare/hotel if you go to canada/mexico) stamp.
At the minimum, one has to do the foll:
1. Get EAD/AP every year - don't know when emergencies come - at job and for travel
2. Get H1 renewed (if you still prefer - downside additional cost to apply/lawyer fees)
3. Keeping using H1 untill you travel..
I welcome your comments. I want to make it very clear, I am not trying to argue in this posting. It is more of a friendly discussion. No hard feelings here..I feel that only if we discuss, the strengths and weakness of the 2 options will be clear and one can make a decsion. So with that in mind, I think the most relevant point is item#1 of your posting. How far #1 is true is really dependent upon how one can use H1 to get back on track. I am not really sure how one can pull it off just by clinging on to H1 (after 485 is rejected).
One has to think about the possible scenarios:
1. Employer fires, losing H1
2. 485 rejected
The scenario #1 is more common. In which case EAD can come in handy..
I am not sure how one goes forward with 485 rejection. (especially if they are on H1 extension based on the current job/I140).
I think the best thing one can do is to still keep renewing EAD/AP (it has other benefits as you can do odd jobs, open a small business, etc) especially if you want to travel. If something happens to the job, you are never out of status as EAD would protect you. Considering the retrogression, one might have to wait atleast three years on an average and so H1 stamping will come into picture. It is way better to use AP (abandon H1) than to apply for H1 (spending on airfare/hotel if you go to canada/mexico) stamp.
At the minimum, one has to do the foll:
1. Get EAD/AP every year - don't know when emergencies come - at job and for travel
2. Get H1 renewed (if you still prefer - downside additional cost to apply/lawyer fees)
3. Keeping using H1 untill you travel..
As far as I know, following are the adventages of using H1 even though you have AP/EAD.
1. In an event of any kind of denial in 485, you don't have to be panic/leave the country. ( I have seen people missing fingerprint appointment and their 485 case getting denied. They missed fingerprint just because they did not get post. There are many more reasons for 485 denial even though everything is perfect.)
I somewhat disagree with this. First of all, H1 renewal is based on the pending/approved I140 which in turn is dependent upon the current job. If the rejected 485 is not fixed, then are you suggesting that the person should reapply for 485 again based on the same job/I140?
What I would like to know is the other half. Assume that 485 is rejected. Then how is one going to proceed? Most likely the person is on H1 extension so there is no change of transfer to another company as I assume that H1 is based on the existing I140.
2. When you are on H1, you get more protection for your wages. Employers have to pay the mentoned wages otherwise you have a right to complain labor department.
Realistically, how many people really have done this?
3. You don't have to extend your EAD/AP every year if you get 3 year of H1 extention.
How about the risk of visa rejection/delays? If one is working under TAL (technology alert list) occupation, they HAVE to undergo background check which I understand takes between one and 20 months. Does one have to risk the H1 visa stamping ordeal
4. Extending EAD/AP is expensive then H1 because H1 extension is employers responsibility so all cost associated with it goes to employers account while AP/EAD goes to our account.
Depends upon the company - how picky they are. Agreed it is more expensive. Again risk Vs reward situation has to be thought about. What is the risk of getting stuck outside the country during visa renewal? Lost job?? Using this arguement, you might be able to convince them to pay for it.
5. If you mentain your H1 status, it gives AP/EAD as a backup option in case you need so.
Is this suggesting that EAD is better someway because you are using it as a backup to H1? When is it appropriate to use EAD instead of H1?
6. If you are unmarried and your 485 date is not current, lets say you go to your home country and get married. The only way to bring your wife would be H4 if you have maintained H1 otherwise I don't know how to bring her.
I agree that H4 is a easier way to get in. However, one has to still deal with the GC situation. Even after the spouse comes on H4, what happens when one gets a Green card - what status does she have as one has abandoned H1 when green card is received.
There might be few more depending upon individual case. Personally, I feel more secure with more options if I maintain H1 even though I am qualified to get EAD/AP.
Hi Dsugandhi,
I welcome your comments. I want to make it very clear, I am not trying to argue in this posting. It is more of a friendly discussion. No hard feelings here..I feel that only if we discuss, the strengths and weakness of the 2 options will be clear and one can make a decsion. So with that in mind, I think the most relevant point is item#1 of your posting. How far #1 is true is really dependent upon how one can use H1 to get back on track. I am not really sure how one can pull it off just by clinging on to H1 (after 485 is rejected).
One has to think about the possible scenarios:
1. Employer fires, losing H1
2. 485 rejected
The scenario #1 is more common. In which case EAD can come in handy..
I am not sure how one goes forward with 485 rejection. (especially if they are on H1 extension based on the current job/I140).
I think the best thing one can do is to still keep renewing EAD/AP (it has other benefits as you can do odd jobs, open a small business, etc) especially if you want to travel. If something happens to the job, you are never out of status as EAD would protect you. Considering the retrogression, one might have to wait atleast three years on an average and so H1 stamping will come into picture. It is way better to use AP (abandon H1) than to apply for H1 (spending on airfare/hotel if you go to canada/mexico) stamp.
At the minimum, one has to do the foll:
1. Get EAD/AP every year - don't know when emergencies come - at job and for travel
2. Get H1 renewed (if you still prefer - downside additional cost to apply/lawyer fees)
3. Keeping using H1 untill you travel..
I am not sure what other do but I am using following strategy:
1. I got 3 years of h1 extension based on approved I140 but retrogressed PD.
2. I got 1 year AP/EAD based on pending I485.
3. Going to Canada for visa stamping in Feb. via road (Consulate is about 4 hours drive from where I stay)
4. If any issue in stamping then come back on AP/EAD if not then keep using H1 and don't extend AP/EAD for next two years.
In case if 485 gets denied, If you are using H1 extension based on I140, your H1 remains valid till the I-94 expiry date but you will not get future H1 extensions based on denied 485
If you are using AP/EAD, they become invalid as soon as your I-485 gets denied and you start accumulating unauthorized stay and unauthorized work because you have not maintained your non-immigrant (H1) status and AP/EAD is not valid any more due to I-485 denial.
I feel, there is no harm being more protective/conservative if options are available even if you have to spend little extra time/money to avoid future issues.
I see your point.. One point to be noted though is that if one gets laid off then H1 alone won't bail that person. One might have to scramble and apply for EAD and will have to forgot the salary (cannot work) until the EAD comes (3-5 months). So, it appears like, to really play it safe, you need both H1 and EAD...
H1 stamping by itself can be risky for people under TAL (technology alert list). If one is in Tech field, nothing to worry unless they work in the field of computer security. Science majors will have to undergo name check. So, people have to really access their individual situation and see how much risk they are exposed to. If you are from Pakistan, or under TAL list (guaranteed background check, you are definitely going to benefit going thro EAD. However, if you are a pure hi tech person (working for a small company and without a proper tech degree can increase risk) and no other risk factor H1 cum EAD is a viable alternative. Just my opinnion.
thanks
Ela
H1 stamping by itself can be risky for people under TAL (technology alert list). If one is in Tech field, nothing to worry unless they work in the field of computer security. Science majors will have to undergo name check. So, people have to really access their individual situation and see how much risk they are exposed to. If you are from Pakistan, or under TAL list (guaranteed background check, you are definitely going to benefit going thro EAD. However, if you are a pure hi tech person (working for a small company and without a proper tech degree can increase risk) and no other risk factor H1 cum EAD is a viable alternative. Just my opinnion.
thanks
Ela
I am not sure what other do but I am using following strategy:
1. I got 3 years of h1 extension based on approved I140 but retrogressed PD.
2. I got 1 year AP/EAD based on pending I485.
3. Going to Canada for visa stamping in Feb. via road (Consulate is about 4 hours drive from where I stay)
4. If any issue in stamping then come back on AP/EAD if not then keep using H1 and don't extend AP/EAD for next two years.
In case if 485 gets denied, If you are using H1 extension based on I140, your H1 remains valid till the I-94 expiry date but you will not get future H1 extensions based on denied 485
If you are using AP/EAD, they become invalid as soon as your I-485 gets denied and you start accumulating unauthorized stay and unauthorized work because you have not maintained your non-immigrant (H1) status and AP/EAD is not valid any more due to I-485 denial.
I feel, there is no harm being more protective/conservative if options are available even if you have to spend little extra time/money to avoid future issues.
Last edited by a moderator:
Sai_Kumar01
Registered Users (C)
Hi Sugandhi,
You are right, exactly that’s what I planned to do, if 485 gets denial then at the moment itself Good Bye.
Can have a good life somewhere in home country, getting good pay, relaxed life with all friends and family! Sometimes when this kind of this frustrates I feel it’s better to stay away from this. Well, I believe life is not only facing the issues also to enjoy!
Kumar
You are right, exactly that’s what I planned to do, if 485 gets denial then at the moment itself Good Bye.
Can have a good life somewhere in home country, getting good pay, relaxed life with all friends and family! Sometimes when this kind of this frustrates I feel it’s better to stay away from this. Well, I believe life is not only facing the issues also to enjoy!
Kumar
Last edited by a moderator:
Dependent Visa hold on 221 G
Hello,
My spouse visa interview was conducted on 20th Aug 2009.But it was put on hold due to administrative reasons .Any idea how much time it will take as they are telling to wait till mail comes from US consulate .because of this I am in tension as i planned to bring my spouse.
Hello,
My spouse visa interview was conducted on 20th Aug 2009.But it was put on hold due to administrative reasons .Any idea how much time it will take as they are telling to wait till mail comes from US consulate .because of this I am in tension as i planned to bring my spouse.