Any Hope - under Section 221(g)

M

moman27

Registered Users (C)
My brother applied for H-1b in chennai,this is what he got from the consulate... It did not give the reason for not qualifying and his passport was stamped with consulate name and application recieved date, does anyone know what it means

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Based on the documents you have submitted to us and
the information elicited by an American Consular
Officer, you do not appear to be qualified for an H-1B
temporary worker visa.

In accordance with United States Law and Department of
State guidelines, action on your case has been
suspended, and the I-129 Petition for a Non-Immigrant
Worker filed on your behalf will be returned to the
Immigration and Naturalization Service (INS) with a
memorandum explaining the facts of your case as
presented to us. The U.S. Consulate in Chennai is no
longer handling your case, and will be unable to give
any information on the status of your petition.

For your information, your visa was refused today
under Section 221(g) of the Immigration and
Nationality Act (INA). Essentially, this section
states that a visa cannot be issued to anyone whose
application does not appear to the Consular Officer to
meet the requirements of the INA or of the regulations
thereunder.
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221 g ..looks like he lacked some documents...

What happened during the interview? Did he go for one? This is what sec 221 g means:

Section 221(g)

Refusal under Section 221(g) of the Immigration and Nationality Act means that essential information is missing from an application.

In order for an application to be reconsidered it may be necessary to do one of the following:

1. Appear personally for an interview

2. Apply in your consular district, if you had applied elsewhere

3. Submit additional documentation as requested

4. Wait for approved I-129 and I-797 forms from Immigration and Naturalization Service (INS)

5. Wait for the results of additional administrative processing

------
 
What are his educational qualifications?

What are his educational qualifications? Is this his first H1B?
 
No Title

They have not sent any info to attend in person or contact the consulate, he has approved 1-129 and 1-797, His educational qualifications are Bsc, MBA diploma, was in the amry for more than 10 yrs, has 2-3 years in computers ...
 
No Title

Basically it says the process has been suspended and they have his original 1-797 and they are going to send it back to INS, not sure what can be done, any ideas/suggestions ???
 
best party is attorney !!

Mr.moman,

This case seems to be a bit peculiar.
It is all depending upon for which position he applied for,
The educational credentials, the nature of the US company ..etc.
Now in the letter it is clearly said that chennai consulate has no longer have your friend`s info , your friend need to contact immidiately his attorney and explain all about the issue.

The attorney will have access to the INS officer and will be replied for his queries. So ask his attorney to contact and get info about his case.

Infact m ine was reffred to AFU when i applied for H1-B visa and aftera year i was issued visa. So contact attorney ..best of luck to your friend....

Ravindra
 
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