H1B revalidation denied with 221g - help please

garu1gsr

Registered Users (C)
A friend of mine is into deep trouble....as he got a 221g refusal
when he sent in for H1B revalidation.

Is there anyone who is successful in getting a H1B stamped
from Canada/Mexico after a 221g refusal on H1B revalidation
from Dept. of State ?

Any experiences posted will be of a great help..

Thanks in advance
 
I too have a similar situation, my visa revalidation was refused under section 221(g). I have a DUI conviction so had to answer YES to Q38 in DS-156.

I am not very sure about the reason for refual. I am planning to go for stamping in New Delhi, Will I have to go for finger printing in delhi ?

What is the procedure of VISA application after refusal under 221(g)

Thanks
 
Hi garu1gsr,

Can you please provide me more details !!!

How much time it took for your friend to get the visa ( 3 days or 1 day)??

Did they asked any questions ???

Can you please share the interview information that will really help me .

Because I am also in the same boat ...

Thanks
 
No questions asked. Interview at 9:30 and passport back by 3:00.
My friend was out of job for almost an year and did not have
much on the W-2... good luck.
 
H1b revalidation

Kinku & Sunil,

What happened to your cases?
Did you guys go to India or Canada for stamping ??

Do let us know.

Thanks
 
DUI and H1 visa extension

Hi,

I need your help regarding the DUI issue and its effect on visa renewal / visa stamping and green card.
In April 2003, I was charged with DUI / DWI / OUI ( first offense ) in the state of Massachussetts. The first offence in MA is misdemanor or felony? Is it considered as crime of moral turiptude on which basis, the embassy or INS can reject the visa.
I was given $475 fine, one year of unsupervised probation ( I was not required to report back to my probation officer anytime or after one year or I was not required to come back to the court on the probation ending date.) and no community service.
After my probation was over, I did not receive any document from the court. Should I contact the court or my lawyer for any documentation about case dismissal. ( It was CWOF - Continued without finding on the court papers )
I have applied for my H1-B1 visa extension ( first H1 completing in August 2004 ) which will take 4-6 months. Am I supposed to send any court documents to INS regarding this?
I was planning to leave america for visa stamping later this year. Will this DUI conviction affect my re-entry chances to America?

Any feedback regarding this will be a tremendous help!

Thank you
 
I am not an expert but here is what I think

DUI convictions do not have any issues with your legal status in US. I have
seen(on this forum) a lot of people get their GCs after being convicted for DUI
(I do not know anyone personally), and background check is more rigorous
during GC process than for H1B.
 
to Garugsr1

hi Garugsr1,

Thanks a lot for your reply. I am kind of worried because I have just applied for my H1-B1 visa extension ( not revalidation ) where I did not have to fill in DS-156 or DS-157 forms where I have to mention about the arrest. I know that these forms are required during visa stamping.

Will this DUI charge affect my visa extension for 3 years? Can it be rejected?

Thanks
 
Dont Worry

Guys,

If this helps the DUI folks....

I had a dui in may 2000 (first offence/ no accident). I had done an H1 transfer & Visa revalidation (after 9/11) . All of them went fine.
I remember a question in DS156 form asking that have you ever been arrested? I had answered YES and had attached an explanation of what happened in my own words and all court related documents, community service docs etc. I had done my revalidation by sending it to St Louis.

I had a consultation with Rajeev Khanna and he told me DUI first offence is not an issue with green card.

If you have questions which are DUI related please log here

Thanks
DUI DUDE
Drink Responsibily
 
Do you know anyone done revalidation in india with DUI ?

Guys,

Do you know anyone who has done visa revalidation in India with a DUI on record ?

I have to go to India, but my visa is not stamped on passport ! Any help is appreciated.

Thanks
DUI DUDE.
 
Hi DUIDude...

Thanks for your reply. How can I get phone consultation with Mr. Rajeev Khanna. What was the procedure that you followed? Did you email for an appointment?

My case was dismissed by the court after one year in April 2004. Which documents are required if I go to India for H1 B stamping. In my case there was an accident ( hit the ramp...not any other car or person ) but nobody was hurt including me. Will this cause any problem?

If possible please guide me about the process / documentation after the case is dismissed. Did you expunge your record?

Any information from your experience will be very much helpful.

Thanks,

Gautam
 
Approved GC: Hope this helps

Case details:

Was charged with a DUI in 1999. The charge was later dropped and not-guilty verdict was recorded.

Both times (first and extension) I got my H1-B stamped in Canada with answering YES on DS-156 No issues. The second (last year october) time the officer I remember did not even look back to see the yes and approved it. Call me crazy but I told the officer that me missed my yes answer. He looked at it and said what happened I told him charged for DUI. He did not even wait for me to finish and said no issues . (He will probabbily remember me for a long time :).

GC approved after answering and changing JOBs. NO RFE's and NO interview AND i should add ahead of schedule. Filed I-485 in Feb 2003 approved Sept 2004 --VSC--EB2-nonconcurrent

So Guys the take away " BE TRUTHFULL".
 
DUI ...help needed

HI all,
I am curently a student and got charged with DUI(1st offense) . I am really very worried about it. There are a lot of questions going on in my mind.
a) WIll it affect in getting a job here in the US.

b) If I am able to get a job then what all problems will be there in getting H1 stamped ...like how long would I have to be in India before this happens.As I have learned from this message board, especially sdkumar's message that it takes at least one and a half months to get done with that. So does the company with thich you are working gives that kind of leave or what ?

I am asking all of these coz I need to make up my mind in staying here or just go back to India after I am done with my degree.
I would be grateful if you could please answer these questions. Thank you in advance
 
DUI...help needed

HI all,
I am curently a student and got charged with DUI(1st offense) . I am really very worried about it. There are a lot of questions going on in my mind.
a) WIll it affect in getting a job here in the US.

b) If I am able to get a job then what all problems will be there in getting H1 stamped ...like how long would I have to be in India before this happens.As I have learned from this message board, especially sdkumar's message that it takes at least one and a half months to get done with that. So does the company with thich you are working gives that kind of leave or what ?

I am asking all of these coz I need to make up my mind in staying here or just go back to India after I am done with my degree.
I would be very grateful if you could please answer these questions. Thank you in advance
 
I think you should be fine dude. Yes, there are some companies that conduct background checks...for those you 'might' not qualify if they think this is really bad. Other than that, you should not have issue with jobs and/or H1B due to DUI. thats my understading. Good Luck.
 
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