H1-B refusal under 221(g)

S

sanhar

Registered Users (C)
URGENT - Please help -- H1-B refusal under 221(g)

My friend was refused his H1-B during visa stamping interview at Chennai. He was having Diploma in Mechanical Engineering, Diploma in Production Management and having an experience in the field of Industrial Engineering for more than 9 years.
After the finger print the consular officer asked him about his educational background and he had explained of what he has exactly including his work experiences.
Immediately the consular officer told him that Degree is the minimum requirement for H1-B and you are not eligible. But,his employer did the evaluation of his studies and work experiences by a US University and they had assesed his qualifications and experience and they told that it was equivalent to an US-Industrial engineering Technology degree.

Base on that his employer did all the preparations and submitted for his LCA and Non-immigrant applications and it was a successful event. They had approved his H1-B and he even got the copy of it. But using that when he appears at Chennai consulate he was denied and they informed him that he can't re-apply using this petition and they are sending his petition back to USCIS stating the reasons.

In a letter given by the consulate it was mentioned that it appears to them that he was not eligible and hence they are sending back the I-129 with a fact sheet. Also mentioned that the action on this case has been suspended.

He was told that his employer has to liaise with USCIS for further action by verbal statement.

Is there any similar cases found and what was your suggestion on this issues and what can happen possibly?
What he needs to do?

Thanks for your kind reply's in advance.
 
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Sanhar,
Did the company send the evaluation report to your friend??
Because the consulate people will consider only 4 year degrees.( 16 years of schooling ).

Also what was the job he was applying for and got the H1-B. If it is not in the field of study then they will reject the visa.

It is necessary for your friend to get all th epapers including the degree evaluation from his company which got him the H1-B.

HTH
 
Hathwar,
Thanks for your response firstly. Yes, his US employer did send the evaluation reports and it was passed to the consulate officer.

Also the job he applied and offered in the same field of study (mechanical engineering).

He had submitted all the documents sent by his US employer that is as follows,
I-797
I-129
LCA
Degree evaluation report (equivalency report considering his studies and work experience of 9 years+)
Offer letter,
Company details and the details of the US-University and the assessor's full detailed credentials.

Even with all this they had told him that he was not eligible under this and refused under 221g. Further more they had not returned all the documents submitted by him inculding the orginals of I-797 to him and told him that they are sending it back to USCIS with a fact sheet stating the details for the refusal. Also they refused to give him further details or any informations.

Thanks.
 
URGENT - Please help -- H1-B refusal under 221(g)

Please help if u have any more informations on this how to proceed.
Thanks in advance..
 
Last edited by a moderator:
URGENT - Please help -- H1-B refusal under 221(g)

Any one experience this kind of refusals before...

Please help. thanks
 
H1-B (221g) 2nd interview

Dear all,

My friend was asked to appear at the consulate on any Monday's with all his certificates and work experience letters and DSD156 & DS157 and a Visa issuance fee of Rs2200.

What might be the case during the interview. If any one of you has any opinion or experiences on this Please help share or update.

Thanks & Regards in advance!!!...
 
Status

Hi Sanhar,

What happend to your friends case, would be helpful bcoz one of my friend also has diploma and he has applied his H1. Please let me know it will be very helpful.

Thanks very much in advance...

All the best to your friend.

VP
 
221g re-interview

He did not represent so far. Have to wait and see.

IF any one knows, when the consulate has calling a person refused under 221g for an interview again with the certificates and Visa issuance fee, what would be the case and what can be the out come.
Thanks for your reply's


VisaProblem said:
Hi Sanhar,

What happend to your friends case, would be helpful bcoz one of my friend also has diploma and he has applied his H1. Please let me know it will be very helpful.

Thanks very much in advance...

All the best to your friend.

VP
Click to expand...
 
sanhar said:
He did not represent so far. Have to wait and see.

IF any one knows, when the consulate has calling a person refused under 221g for an interview again with the certificates and Visa issuance fee, what would be the case and what can be the out come.
Thanks for your reply's
Click to expand...

It is a clear cut rejection case.
INS officer in USA over looked the fact before issuing the H1.
With out a University Degree (Correspondence degree or Utkal University is OK), H1 is not possible legally. I know previously even they rejected BCom three years degree with many yrs exp (for IT) for job at chennai. Still that lady is not able to enter US.
Wait for your friends luck.
 
dear "great guru"
i really wouldn't think that it is a civilized behaviour to categorize any particular university or anyone in general based on one's own perception. Utkal is a univ- a place of learning where teachers do impart learning, it's very Sacred..and so even if it is the worst or good in ranking, there are many souls who have made their life and doing good to others having graduated from there. you or me have not contributed anything then how do you/or me have rights to judge, especially a guru-disciple or teacher-student system? I haven't studied there, nor do I belong anywhere near, why this general snobbish attitude towards indian univ??there are many smaller/paper univ with just two rooms in the most developed countries which are more worse than the worst in india or anyother place.let's not compare. but here is a news item below which says of the standards..it is of comparable or more than relative to getting EB1 or NIW cleared..http://www.rediff.com/news/2004/may/07upsc.htm
i dont intend to start argument nor am i to prove you wrong, but just wanted to highlight the facts and that our perceptions could be wrong..and let the readers be more informed..though it is not my duty to do so. plss excuse me ..
best wishes
 
Last edited by a moderator:
sanhar said:
He did not represent so far. Have to wait and see.

IF any one knows, when the consulate has calling a person refused under 221g for an interview again with the certificates and Visa issuance fee, what would be the case and what can be the out come.
Thanks for your reply's
Click to expand...

I am not sure if your friend represented to consulate yet or not. But chances are likely that he will be issued a visa. THey would have done a background check with the company and I think Educational equivalence works for H1B visa also. 3 years of experience equals to 1 year of education. With diploma and you have 13 years and one year post diploma and if you have 6years of industrial experience it can be equivalent to 2 years. Check your luck. and let us know what happened?
 
H1 Refused

My h1 is approved from an INS.got I-797(notice of action),I-129,LCA,Education Evaluation.

I had B.Com,M.Com had a computer diploma from an private computer institution and 5+ years of experience in I.T industry.had OCP also.

consular officer refused to give me a visa said tht i dont have I.T Related degree..i tried to convince him that had diploma and 5+ years of experience and certifications in I.T..still he did not convinced.

he put a stamp on PP saying tht application received...at last he told me he z gonna evaluate my experience and call me back within a week.

Is he gonna call ?

he kept my I-129,LCA,Education Evaluation copies and all my experience letter photo copies.

is there any one had this situation? did u get a call after wards?

is there any way to appeal?

Please help me out

Thanks in Advance.
 
Devotee said:
dear "great guru"
i really wouldn't think that it is a civilized behaviour to categorize any particular university or anyone in general based on one's own perception. Utkal is a univ- a place of learning where teachers do impart learning, it's very Sacred..and so even if it is the worst or good in ranking, there are many souls who have made their life and doing good to others having graduated from there. you or me have not contributed anything then how do you/or me have rights to judge, especially a guru-disciple or teacher-student system? I haven't studied there, nor do I belong anywhere near, why this general snobbish attitude towards indian univ??there are many smaller/paper univ with just two rooms in the most developed countries which are more worse than the worst in india or anyother place.let's not compare. but here is a news item below which says of the standards..it is of comparable or more than relative to getting EB1 or NIW cleared..http://www.rediff.com/news/2004/may/07upsc.htm
i dont intend to start argument nor am i to prove you wrong, but just wanted to highlight the facts and that our perceptions could be wrong..and let the readers be more informed..though it is not my duty to do so. plss excuse me ..
best wishes
Click to expand...
HERE COMPARISION IS BETWEEN DEGREE AND DIPLOMA. NOT COMPARING ANY UNIVERSITY.

EVEN IIT B.TECH (4 TO 5 YRS)IS CONSIDERED A MERE BACHELOR DEGREE, PEOPLE HAVING MA THROUGH CORRESPONDENCE CONSIDERED MASTERS AND EB2 FOR IMMIGRATION PURPOSE.
 
dear friend,
your quote"With out a University Degree (Correspondence degree or Utkal University is OK)," is what i had referred to, however, I am Sorry if i wasn't able to understand what you really intended to convey..thanks for your thoughts to clarify..best wishes
 
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
 
Sanhar, could you please provide me the update on your friend...

Sanhar,
My relative also in teh same boat as your frind, his visa got suspended and the letter says that they will send the papers back to USCIS.

how did your friend got the call to reappear ? Did his employer get any notice regarding this from USCIS ?
Did he go for the second time ? and what was teh outcome ?

please reply as this would really help my friend.

thanks in advance
RM
 
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