H1B refused 221g - Please Help

A

arun365

New Member
My H1B visa at chennai consulate was refused under section 221g. The officer at the interview did not give I797 back. The letter states that "action on your case has been suspended, and I-129 Petition for Non-Immigrationt worker will be returned to BCIS.

My Job offer and company are very genuine. Well my employment history and everything as well.

a) After 5 months since rejection, my US employer again contacted me to reapply. I took an online appointment with TT Services chennai.

Q) What documents do I need to take when I reappear for interview. Especially when they did not return my I797 ?

Couple of posts in your forum tell that under 221g the officer gives additional documents to bring when reapplying. I did not get any additional docs. I just received the above letter.

Please advice.

Joe and Sir, Kanna , Please reply to my post.
 
221g is lack of documents. The rejection letter should have listed what documents or evidence was missing. Unless you have that information, you might face the same treatment.
Maybe the company knows what mistake it made. Ask them.
 
Thankyou for your reply.

But No additional document were given asking to produce any missing document or stuff like that.

Initially before asking me to appear for interview itself, they asked several documents again and again like stuff from IRS, US and Indian company snaps, people with existing company etc. Every single document what they asked were submitted.

After the rejection, Lawyer in US said that only a letter from senate would help. However, the company after waiting for a while wants me to reappear again. I am really dont know how to proceed. Please give any more insight.

Also, I wounder how can I appear with out Original I-797 document for interview. Please advice.
 
221g any insight

Could any one please reply to this post. I have my friend in exact same situation. All they gave is a letter saying the file will be sent back to BCIS and I129 will be called off?????

No letter asking for additional documents.
 
arun365
you or your employer should contact the lawyer with copy of your H1 approval notice and lawyer can send email. letter, fax to consulateand can advise you what to do.
 
Arun365,

Is this the firs time you are applying for H1-B ?. Have you anytime worked in USA before ? Is all your experience in India ?

thanks
reachPC
 
Yes,

This is first time I applied for h1. And all my experience is in India only?.

Do you have any reason to beleive for this to be part of 221g?
 
H-1B visa refusal at Chennai Consulate

A friend of mine went for an H-1 B visa interview at Chennai consulate. He has been working for the past 3 years as Systems Analyst and his job description says "Develop and analyze system requirements and translate them into
system programming specifications". This is his first H-1 and all his experience is in India. When he went for an interview, the consular officer informed him that Systems Analyst is not an H-1B specialty occupation and asked him about his programming skills. He said the projects that he was involved was developed using Microsoft .NET framework but he does not do any coding. The consular officer asked him some VB.NET programming questions and he was not able to answer. They rejected his visa under 221(g), did not return the I-797 Notice of Approval and handed him a document saying,

"Based on the documents you have submitted to us, and the information elicited in your interview with an american consular officer, you do not appear to be qualified for an H1B 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 an non-immigrant worker filed on your behalf will be returned to the United States Citizenship and Immigration Services (USCIS), with a memorandum explaining the facts of
your case as presented to us at the time of interview.

The US consulate in Chennai is no longer handling your case and will be unable to give you any information on the status of the petition.

For your information, your visa was refused today under section 221(g) of the Immigration and Nationality Act. 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."

What are his further options ? What happens to the I-797 ?

Any help will be appreciated.. or is there anyone who was in this state but successfully got the visa stamped ?
 
Exactly the same letter my friend is reffering too

Hi there,

As jr12 specified, thats the exact letter I am reffering to. I guess arun365 is also talking about the same thing. (in my friend's case they asked him Zero questions)

We tried to contact the US lawyer who filied for my friend. She is very bad in communicating things and gives no response. Company thus is planning to switch lawyer for this. But questions remains unanswered...

a). What happens to I797 and supporting documents.
b) If the candidate wants to reappear, with what docs he/she can go?
 
Notification from USCIS !

Arun,

Did your company get any notification from USCIS about the I-797 petition ?
 
You must log in or register to reply here.
Top