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lostpacket
05-31-2011, 05:19 AM
Hi Everyone
Working for small sized company sucks. We are small sized company with about 10 employees in US and about 7 employees in India.
We had 6 petitions so far. Only 3 petitions are active. So only 3 out of 10 people in US are on H1.
They gave me green slip with following documents to submit.

Complete I797,I129,LCA,Cover letter submitted to DHS
Letter from End Client , itinerary of services , and contract
List of petitions's employees: Provide notarized list of all employees with each employee's name, specific job title, yearly salary, immigration status,, and employment start and end dates ( salary is supposed to be private. I wonder why they are asking this)
State unemployment wage reports
W2 for beneficiary for 2009 and 2010


Other than this , I want to ask a personal question if you could help me. I am tense right now.
I have lots of things in US such as car ,laptop , other electronic items.
I am worried if I ever be able to go back to take care of it.
I will have to pay monthly rent even though I am not staying there. What will happen to my car.
Has anyone gone through such situation where you have valuables in US and are stuck in India ?

Please feed your comments .
Thanks

corba
05-31-2011, 06:06 AM
Hi,

I am in the same situation. I have attended H1b visa interview on Apr 25 @ Chennai and got 221g green slip.

I have submitted all the docs on May 24. Now waiting for a reply from them.

There are plenty of people are stuck in stamping ...So don't loose the hope ...

Just follow the instruction on your query and try to submit the docs ASAP ...If you are a full time employee and your case is genuine ...You will defenitely get visa ...

waitingnwaiting
05-31-2011, 08:33 AM
It is good. If there is any suspecion against a consulting company, it must be scruitinized. 221 G is also good for national security. Full verification should be done before any visa is granted. We should be happy and support it.

sk.aggarwal
05-31-2011, 08:44 AM
You can be happy till you, your self does not get stuck in this mess, without knowing if you will be able to ever return to US or not. If consulates want to do detailed bg check it should be more efficient and more realistic time bound. Say a week. The way consulates in India are functioning is completely arbitrary and nothing to support of. Well at least for me.

FYI: I have never been stuck in this, but can imagine the pain.

waitingnwaiting
05-31-2011, 09:09 AM
You can be happy till you, your self does not get stuck in this mess, without knowing if you will be able to ever return to US or not. If consulates want to do detailed bg check it should be more efficient and more realistic time bound. Say a week. The way consulates in India are functioning is completely arbitrary and nothing to support of. Well at least for me.

FYI: I have never been stuck in this, but can imagine the pain.

If case is clean and company has no suspecion then there is no need to worry

anemmani
05-31-2011, 09:44 AM
lostpacket,

221g admin processing is possible for employees of big and small companies. i went through a similar experience 2 years ago and was stuck in india for 2 months. after the processing was complete, i got my visa and returned to us.

if you have a genuine case, the verification will prove it and your case will be approved.

do not worry about the safety of your personal belongings. property in us is quite safe. if you share your apartment, their safety is in the hands of your roommate. if you live by yourself, make sure you pay rental payments regularly. otherwise, your landlord can evict you in your absence.

here is a small list of things to look at:

a) pay rent regularly - through a friend in us or directly to the landlord
b) check your us mail regularly - a friend can help (landlords can release keys to others after an official request from the tenant)
c) pay your bills regularly - utilities, credit cards, etc
d) move your car to a safer location - nearer to a friends home (cars that accumulate dust attract thieves)

faith can definitely help during difficult times. pray to the deity of your choice and spend time with family.

good luck,
nag

corba
05-31-2011, 10:03 AM
waitingwaiting,

I would like to share my pain that I am facing for the last one month, then you decide whether this 221g process is good or bad ....

1. I work in US since 2005 and my son also born in US, Now it's time to put him in the school, At this this moment We don't know what to do with his school?

2. There are plenty of things like apartment, car, investments still in US. What if my visa is denied and How do I clear / settle all these things?

3. In India, I live in southern most part of the country, So every time hen they call for document submission / Interview, I have to travel to Chennai / Bangalore / Hyd.As you live in US comfortably, You cannot realize the pain of travelling / expenses everytime...

4. Also VFS center is saying they won't dispatch passport for small towns in India. So I have to make one extra travel to chennai to collect my passport.

5. Above all, How many employers wait for their H1B employees more than 90 days?

Think about all these difficulties and support existing 221g process ...

Note:

From day 1 of my H1B career, I have been working in this US based company as Full Time employee and my employer never breaks any immigration law and always paying more than the H1B wage. So my case genuine and I feel why should I suffer this 221g mess?

All I recommend is, Let the USCIS and DOS continue their Fraud Prevention or TAL check whatever it is ... Why don't they do all these before I-129 approval? So that we can avoid all these delays ...

At Consulate Posts world wide, they should check employee related stuffs only not the employer tax return, wage report and all ...

I would expect IV admin team and other senior members help to launch awareness / campaign against 221g mess...

I have read in other forums almost 95% of visa applications are getting 221g and this year visa denial % is increased from 5% to 30% @Chennai Consulate.

garybanz
05-31-2011, 10:04 AM
Hi Everyone
Working for small sized company sucks. We are small sized company with about 10 employees in US and about 7 employees in India.
We had 6 petitions so far. Only 3 petitions are active. So only 3 out of 10 people in US are on H1.
They gave me green slip with following documents to submit.

Complete I797,I129,LCA,Cover letter submitted to DHS
Letter from End Client , itinerary of services , and contract
List of petitions's employees: Provide notarized list of all employees with each employee's name, specific job title, yearly salary, immigration status,, and employment start and end dates ( salary is supposed to be private. I wonder why they are asking this)
State unemployment wage reports
W2 for beneficiary for 2009 and 2010


Other than this , I want to ask a personal question if you could help me. I am tense right now.
I have lots of things in US such as car ,laptop , other electronic items.
I am worried if I ever be able to go back to take care of it.
I will have to pay monthly rent even though I am not staying there. What will happen to my car.
Has anyone gone through such situation where you have valuables in US and are stuck in India ?

Please feed your comments .
Thanks

I know of people stuck for months and years in this process, if I was you I would cut my losses and ask a friend or relative to sub lease the apartment, sell the car and keep your belongings in a storage facility. If things work out well and you get the visa in 2 months then you can always rent another apartment, buy another car but if they don't and you are stuck for 10 months then there is no point paying rent and letting the car rust.

All the best buddy, I know this sucks big time but it's better to start planning for the worst.

desijackass
05-31-2011, 10:25 AM
I am wondering why people are commenting on the 'good' and the 'bad' of 221(g). Obviously there will be some cases of fraud, just like with any other commodity that is in demand. Sometimes good people have to suffer because of it, and sometimes bad people get caught because of it.
But I think it would be really helpful if people answered his/her questions on 221(g) rather than opinions.

I work for a University (big 10 , state school). Two people from here got 221(g). One person was born in Kuwait (but an Indian citizen) and the other was from Australia (works for biochemical lab in University). Both submitted the required documents, had a 2 months waiting period, during which they paid for rent, and car. Both are now back in the US. It was an unfortunate incident, which cost them money. However they were both in their home country and stayed with parents, so saved on rent etc. They continued to work remotely.

HTH

waitingnwaiting
05-31-2011, 10:47 AM
I have put my answers waitingwaiting,

I would like to share my pain that I am facing for the last one month, then you decide whether this 221g process is good or bad ....

1. I work in US since 2005 and my son also born in US, Now it's time to put him in the school, At this this moment We don't know what to do with his school? .

Your son can go to a school in India. There is no law that says US born children should only be schooled in US.


2. There are plenty of things like apartment, car, investments still in US. What if my visa is denied and How do I clear / settle all these things? .

If visa is debied, you will be given a short stay visitor visa to clear/settle your things.


3. In India, I live in southern most part of the country, So every time hen they call for document submission / Interview, I have to travel to Chennai / Bangalore / Hyd.As you live in US comfortably, You cannot realize the pain of travelling / expenses everytime...
.

It only takes few hundred rupees to travel in India. This excuse is lame in my opinion. A person earning lots of money (best and the brightest and high earner) is saying travelling to Chennai from a South India location is expensive. Are you travelling with a troupe of servants?

4. Also VFS center is saying they won't dispatch passport for small towns in India. So I have to make one extra travel to chennai to collect my passport. .

What is the harm in traveling. See my answer to previous question. Living in US has made you seek a life of comforts without any hard work. If you need passport, you gotta go and collect it.


5. Above all, How many employers wait for their H1B employees more than 90 days?
.

If you are important for your employer, your employer will wait for you. Your employer advertised the position and only when they did not find any US citizen they hired you. So you are important to them. If you work work for some suspecious company or have suspecious credentials then the story is different and 221G is justified.

Think about all these difficulties and support existing 221g process ...

Note:

From day 1 of my H1B career, I have been working in this US based company as Full Time employee and my employer never breaks any immigration law and always paying more than the H1B wage. So my case genuine and I feel why should I suffer this 221g mess?
.

If your case is genuine you do not have to worry.


All I recommend is, Let the USCIS and DOS continue their Fraud Prevention or TAL check whatever it is ... Why don't they do all these before I-129 approval? So that we can avoid all these delays ...
.
Good suggestion. But why are you giving on the forum. How about you go and meet senior officers in Chennai and discuss this with them.


At Consulate Posts world wide, they should check employee related stuffs only not the employer tax return, wage report and all ...
.

Why not. It is extra level of security. What if the employee is fraud. Not paying taxes, not getting full wages etc?

I would expect IV admin team and other senior members help to launch awareness / campaign against 221g mess...
.
Why should they? Why can't you? What have you done at IV till now?

I have read in other forums almost 95% of visa applications are getting 221g and this year visa denial % is increased from 5% to 30% @Chennai Consulate.
Ha ha. You beleive unreliable data. If you want to improve the system, take things in your hands and do it. Do not waste time, reading such funny data.

waitingnwaiting
05-31-2011, 10:53 AM
I am wondering why people are commenting on the 'good' and the 'bad' of 221(g). Obviously there will be some cases of fraud, just like with any other commodity that is in demand. Sometimes good people have to suffer because of it, and sometimes bad people get caught because of it.
But I think it would be really helpful if people answered his/her questions on 221(g) rather than opinions.

I work for a University (big 10 , state school). Two people from here got 221(g). One person was born in Kuwait (but an Indian citizen) and the other was from Australia (works for biochemical lab in University). Both submitted the required documents, had a 2 months waiting period, during which they paid for rent, and car. Both are now back in the US. It was an unfortunate incident, which cost them money. However they were both in their home country and stayed with parents, so saved on rent etc. They continued to work remotely.

HTH

The other truth is that your both friends were okay waiting 2 months and enjoyed 2 months off. If they actually suffered and had losses like you wrote, they would have met government offices after coming back to USA. If that was not satisfactory, they could have sued for the loss and delays. That would have made a big story and problem could have been solved. So every person stuck in 221g and not doing anything is responsible for every new person stuck in 221G.

GCmuddu_H1BVaddu
05-31-2011, 01:26 PM
Buddy waitingnwaiting,

You don't need to be arrogant while people are suffering. The whole point of corba is about the pain of waiting with uncertenity.

I have put my answers
Your son can go to a school in India. There is no law that says US born children should only be schooled in US.


That's not the point. Join them in a completely different education system? Pay money for the schools there, and you realize a good school for PK in India is freakign expensive. Then you get Visa stamped in 2 months and get them here?


It only takes few hundred rupees to travel in India. This excuse is lame in my opinion. A person earning lots of money (best and the brightest and high earner) is saying travelling to Chennai from a South India location is expensive. Are you travelling with a troupe of servants?


Again, you are being an ass here. Do you know lot of best and the brightest and high earner people support the families back in India? It may be few hundred for you if you grew up with the taste of indian corruption.


What is the harm in traveling. See my answer to previous question. Living in US has made you seek a life of comforts without any hard work. If you need passport, you gotta go and collect it.


I don't agree on 'Living in US has made you seek a life of comforts without any hard work' but I agree other stuff.


If you are important for your employer, your employer will wait for you. Your employer advertised the position and only when they did not find any US citizen they hired you. So you are important to them.


I don't agree with 1/2 of your stupid statement. In this economy, if the employer see things going along without an employee for long time, they will cut that resource irrespective of the talent. I have seen this with a relative of mine.

and I don't see any arrogance with other comments.

EBX-Man
05-31-2011, 01:35 PM
Please ignore posts by waitingnwaiting. He judges others case by using his case as a standard, but what he forgets is that his case is the exception not the rule. People who can help corba with advice please continue doing so...

myGC_0507
05-31-2011, 01:57 PM
I agree that the process is good but I dont agree how it is being handled. It should be done when visa petitions / renewals are applied in US or India. This check should be done by USCIS before approving the application not when a person goes to India for vacation. Sometimes people wait for as long as 5 months for the H1B visa approval to come back. I guess they can wait another month for the so called "security check".
I am sorry for hearing that you have to go through this. Contact your friends and see if they can help you out in selling your stuff and vacating your apartment. I have heard about a similar case where they asked for all the documentation and on submission of the documents said they will get back. The worst is that they dont tell how much time will it take. All the best. I hope it sorts itself out quickly.
It is good. If there is any suspecion against a consulting company, it must be scruitinized. 221 G is also good for national security. Full verification should be done before any visa is granted. We should be happy and support it.

smuggymba
05-31-2011, 02:17 PM
I agree that the process is good but I dont agree how it is being handled. It should be done when visa petitions / renewals are applied in US or India. This check should be done by USCIS before approving the application not when a person goes to India for vacation. Sometimes people wait for as long as 5 months for the H1B visa approval to come back. I guess they can wait another month for the so called "security check".
I am sorry for hearing that you have to go through this. Contact your friends and see if they can help you out in selling your stuff and vacating your apartment. I have heard about a similar case where they asked for all the documentation and on submission of the documents said they will get back. The worst is that they dont tell how much time will it take. All the best. I hope it sorts itself out quickly.

Exactly. They can do the checks here in the US. Why harrass ppl on vacation and put their jobs and life in jeopardy.

sk.aggarwal
05-31-2011, 02:18 PM
If you are working on a full time perm position. Do not worry, it will be fine and you will get the visa stamped.. I am not sure if getting a letter from company asking consulate to expedite your case so that you can return to job will help... Hope this turns out fine for you .. Avoid taking any hasty steps like selling cars/household stuff ... best of luck .. keep us updated on how it goes

thomachan72
05-31-2011, 02:32 PM
There is absolutely no logic to explain the delays in processing during the visa stamping process. Any job-related questions/doubts should have been carefully analyzed during the initial application stage. Nobody can justify these issues. Let them release the data of how many they scrutinized, the delays involved and how many of them were found to be ineligible for visas. If 99% of the time they have found that ultimately they have found the applicant admisible or eligible for a visa what is the justification for such delays. All they have to do is to improve the process at the initial application.

lostpacket
06-01-2011, 11:47 PM
Thanks everyone for replies.

Most of the documents he tick marked were with me at the time of interview. He didn't bother to ask those.
Probably he needs complete set of documents all at once and give a closer look.

My company in US has been co-operative so far with the exception of client. They are not ready to give a letter stating that there is need for me in their company. All they could provide is a Purchase Order (PO) which has the dollar amount.
I wonder if they will accept POs.

The salary information of other employeed will be mailed to me in a sealed envelope because its a confidential information that my company can not expose it to others. I hope to get it soon.
I will keep updating my status.

lostpacket
06-09-2011, 03:49 AM
Today I received a call from my HR asking about the Visa Status. They can not wait for more than a week. If I don't get visa , they will fire me.
I am deeply in trouble and desperately waiting to get the Visa.
I called VFS today they said my documents are with Delhi Consulate and they are processing it.
What do I do to expedite it ? Every hour is important to me.
Can you please help ???

myGC_0507
06-09-2011, 05:47 AM
Sorry to hear this. Unfortunately, there is nothing that can be done to expedite this - at least not that I know of. In case you do find a way to expedite this - can you please post it on the forum. I hope you get your visa within a week. All the best.

LondonTown
06-09-2011, 08:11 AM
Today I received a call from my HR asking about the Visa Status. They can not wait for more than a week. If I don't get visa , they will fire me.
I am deeply in trouble and desperately waiting to get the Visa.
I called VFS today they said my documents are with Delhi Consulate and they are processing it.
What do I do to expedite it ? Every hour is important to me.
Can you please help ???

I am not sure if this will help but please email the embassy (calling VFS will do nothing). I do not have the email id at this point but you may find it on embassy's website telling them the seriousness of the situation. You never know some miracle may happen.

aarzoo
06-09-2011, 08:17 AM
As per DOS guidelines, embassy can take upto 90 days to respond in such cases. Also, I think it has to be responded by the same VO who interviewed you.

Also VFS is of no help in such cases. They come back into picture once VO gives a +ve decision. You can try to send email to non-immigration visa dept. at the embassy.

ram04
06-09-2011, 08:49 AM
Sorry to note that.
Unfortunately very little you can do as far as expediting it. I Know how painful it is to wait and to loose the job as well.

If you are through consulting company, I think they should still be able to support you even if you lost the client and you can always find another client after returning.

If the problem is your consulting company itself then there is very little you can expect in this situation.

All the best and good luck.


Today I received a call from my HR asking about the Visa Status. They can not wait for more than a week. If I don't get visa , they will fire me.
I am deeply in trouble and desperately waiting to get the Visa.
I called VFS today they said my documents are with Delhi Consulate and they are processing it.
What do I do to expedite it ? Every hour is important to me.
Can you please help ???

TeddyKoochu
06-09-2011, 08:58 AM
@lostpacket - Try the following. Ask your HR to directly mail the consulate describing how urgently you are required back. They definitely need you at work and you are valued. I hope that will help. Other than that please keep calling and emailing. You may also like to call Dept of State directly to expedite. I hope you get over the situation very soon. Other than following up nothing can be done. Since some members of your tem work from India try and see if you can work from the Indian office in the interim. All the very best.

waitingnwaiting
06-09-2011, 09:36 AM
Today I received a call from my HR asking about the Visa Status. They can not wait for more than a week. If I don't get visa , they will fire me.
I am deeply in trouble and desperately waiting to get the Visa.
I called VFS today they said my documents are with Delhi Consulate and they are processing it.
What do I do to expedite it ? Every hour is important to me.
Can you please help ???

I will not offer any sympathies because there are hundereds that came, posted and went from IV once they got their stamp. Talk to department of State officials and tell them the problem many people have every day.

corba
06-09-2011, 09:59 AM
lostpacket,

Try to convince your HR that visa delays are very common thing for non-immigrants now a days ...Go to facebook, You will find plenty of people waiting for their visa more than 90 days ... and they are trying to expedite it to DOS and media in their level best ...

Just explain to your employer 221g process takes minimum 4 to 6 weeks, DOS itself declare this timeframe in their web site. So your company attorney must know about this ...

Looking at your previous posts, You have attended the interview May 31, So it's too early for consulate to make a decision on your case ...

Also each case is different, Some people got reponse in 3 days after their doc submission, some are waiting for months ..

Do not loose the hope ...Lets pray for the good thing ...

Just ignore -ve comments from some of the s***s here ...

lostpacket
06-13-2011, 06:15 AM
Thanks everyone for replying. I talked to HR but no use.
I will atleast convince them to keep me on "unpaid vacation" so when I come back to US, I can resign and take care of my belongings there.

I had a question though. I had visa interview in Delhi but I submitted documents in VFS Mumbai as it was nearest to me. Does this cause extra delay ? I called embassy helpline and they said your case is being handled by New Delhi Embassy.

LondonTown
06-13-2011, 07:39 AM
Thanks everyone for replying. I talked to HR but no use.
I will atleast convince them to keep me on "unpaid vacation" so when I come back to US, I can resign and take care of my belongings there.

I had a question though. I had visa interview in Delhi but I submitted documents in VFS Mumbai as it was nearest to me. Does this cause extra delay ? I called embassy helpline and they said your case is being handled by New Delhi Embassy.

This may be an issue. Talk to VFS Mumbai and ask them if they (VFS) has submitted the document at Delhi embassy or Mumbai?
You may also call Delhi Embassy directly and they will tell you the date when the documents have been received by them.

GC_1000Watt
06-13-2011, 03:33 PM
lostpacket,

Just explain to your employer 221g process takes minimum 4 to 6 weeks, DOS itself declare this timeframe in their web site. So your company attorney must know about this .

Do you have any link to the source? Please share.

redcard
06-13-2011, 04:06 PM
Couple of things..call up your senators /Congressman's office and tell them your case and the urgency of the matter. Ask them if they can help you. I have heard of cases where they have helped.

Second.,you could also send a email/fax to DOS (you have nothing to loose.)

You can also call DOS at 603-334-0700 to check what is the status of your application. The NVC generally has an updated visa information available.


Goodluck..

LondonTown
06-13-2011, 04:43 PM
Share your ideas here (https://openhomelandsecurity.ideascale.com/a/dtd/221g-Administrative-processing/34752-7043) as well.

furiouspride
06-13-2011, 06:18 PM
It is good. If there is any suspecion against a consulting company, it must be scruitinized. 221 G is also good for national security. Full verification should be done before any visa is granted. We should be happy and support it.
Instead of spending time here on these forums, you should spend some time on dictionary.com and improve your spelling abilities. Your spelling skills alone should disqualify you from procuring any sort of visa, leave alone a 221g.

lostpacket
06-14-2011, 12:20 AM
While I am stuck in 221g , can other employer do H1b transfer for me ?
I have a job offer from a company.

lostpacket
06-17-2011, 02:38 PM
My h1b was applied with Client A mentioned in the LCA and was approved.
We have now two clients A and B. My company didn't file LCA for client B.
I came to India for stamping . I told visa officer that I work at site A and site B.
He asked me to submit I797 , I129 and LCA.
What is the probability that he will reject my visa because I didn't submit LCA for client B ?
I still work for client A also.

If he asks for LCA for client B, how early can my HR get it ?

aarzoo
06-17-2011, 02:41 PM
If you are in the same city/ MSA (as defined by USCIS) and there is no change to your role and responsibilities, you do not require to get a new LCA.

lostpacket
06-17-2011, 02:43 PM
I am in the same STATE different city
What is MSA ?

aarzoo
06-17-2011, 02:46 PM
Check with an attorney.

MSA - Metropolitan Statistical Area (MSA)

lostpacket
06-17-2011, 02:51 PM
I checked online. Both cities are in same MSA :):):):)

You gave me a great news.

lostpacket
06-17-2011, 02:57 PM
Found this onlline on imminfo dot com


It is essential that the employer disclose the actual job site in the LCA. Once issued, an LCA remains valid if the employee work site changes within the same metropolitan statistical area (MSA). If the new job site is outside the same MSA, however, then a new LCA is needed. MSA is important in that the DOL related prevailing wage findings to limited geographic areas. The most finite of these is the MSA. Thus, if an employee changes job locations, and the new job location is in a different MSA, the wage finding is no longer valid and a new LCA is required.

kshitijnt
06-17-2011, 05:44 PM
WaitingforGC - Are you US govts PR agent?

The 221g process is absolutely ridiculous. First DHS takes 3 months to process H1. They are doing some type of check I guess. Its not like they push the button after waiting for 3 months or whatever.

The consulate shows no concern for a person's expense such as flight to/from delhi. Travel made by the person there and above all loss of invaluable vacation time. This is absolutely ridiculous and arrogant behavior. Consulate knows very well that the person is already working in US. In this case, what is the need for additional "check"?

In addition to this, they have an appointment system. Mumbai consulate even asks for documents in advance. Cant they process applications beforehand? or do background check beforehand?

This is a deliberate hit below the belt tactic of US consulate. So far how many fraud cases have been captured by 221g. Is there any statistic published on this? Were these cases indeed fraud or just denied by consulate on some whimsical basis?

lostpacket
06-21-2011, 06:53 AM
Hey guys..I haven't received an update from New Delhi embassy yet.
What are my chances of getting visa stamped as my visa will expire on sept 30 2011.
If they approve visa, it will be only for 3 months :( ...will he give me visa for 3 months ?
Since I don't have visa stamped, my employer is reluctant to renew visa until I come back to US.I am seriously in trouble.

go_guy123
06-21-2011, 07:46 AM
WaitingforGC - Are you US govts PR agent?

The 221g process is absolutely ridiculous. First DHS takes 3 months to process H1. They are doing some type of check I guess. Its not like they push the button after waiting for 3 months or whatever.

The consulate shows no concern for a person's expense such as flight to/from delhi. Travel made by the person there and above all loss of invaluable vacation time. This is absolutely ridiculous and arrogant behavior. Consulate knows very well that the person is already working in US. In this case, what is the need for additional "check"?

In addition to this, they have an appointment system. Mumbai consulate even asks for documents in advance. Cant they process applications beforehand? or do background check beforehand?

This is a deliberate hit below the belt tactic of US consulate. So far how many fraud cases have been captured by 221g. Is there any statistic published on this? Were these cases indeed fraud or just denied by consulate on some whimsical basis?

Very correct...There is a major clamdown on H1Bs for consulting/body shopping companies. This is part of it.

ndbhatt
06-21-2011, 11:21 AM
Very correct...There is a major clamdown on H1Bs for consulting/body shopping companies. This is part of it.

I am full time direct employee of fortune 500 company. BTW, it is 100% American LoL. Still VO gave me 221g blue slip at Hyderabad early this month saying that the system shows that my H1B has been revoked by my employer. I have valid I-797 until Oct 2013. I showed her all my paper work from my company Attorney; trust me it's rock solid. Still she insisted that my company needs to show fresh petition.
I stood there speechless; just couldn't believe what I was hearing.
Well! I went for 7th year extension. Been with the employer for over 3.5 years and am working from India during US time due to this unreasonable process.

lostpacket
06-28-2011, 09:11 AM
Guys

Let's plan on protesting US Visa policy. Show them what we go through and how bad it is for us to deal with it.

Let's meet on 5'th July at New Delhi Embassy. Anyone in ?

sac-r-ten
06-28-2011, 12:45 PM
Guys

Let's plan on protesting US Visa policy. Show them what we go through and how bad it is for us to deal with it.

Let's meet on 5'th July at New Delhi Embassy. Anyone in ?

Good initiative @lostpacket. may be you will get more support from folks who reported on this link. https://openhomelandsecurity.ideascale.com/a/dtd/221g-Administrative-processing/34752-7043

Good luck my friend.

LondonTown
06-28-2011, 07:13 PM
LostPacket: Have you confirmed with Delhi Embassy if they have received your documents that you have submitted at Mumbai VFS?

lostpacket
06-30-2011, 02:22 AM
Yes. I confirmed that New Delhi embassy has received documents.

I talked to an attorney so they can contact ND Embassy. To do that they are taking $750.
Does it help ? I can pay if it really helps. They said they will try to expedite the process.

ndbhatt
06-30-2011, 09:23 AM
Yes. I confirmed that New Delhi embassy has received documents.

I talked to an attorney so they can contact ND Embassy. To do that they are taking $750.
Does it help ? I can pay if it really helps. They said they will try to expedite the process.

Dude,
I really doubt if any Attorney can expedite the process. Ask them if they can guarantee visa approval in X period of time or even get a decision. I understand your situation as I am in the same boat; like we say "Marta Kya nahin karta"
If you feel that it will help, go ahead and pay the fees to give you peace of mind. Ground reality is no one except for US active politician may be able to expedite your case. Don't lose heart and keep sending emails to VFS and US Consulate in ND stating the hardships that you are facing due to the delay.

Good luck my friend.
bhattji

sac-r-ten
06-30-2011, 09:30 AM
@lostpacket and @ndbhatt. really feel for you guys. thanks for sharing all the info and do keep us updated on your cases. i believe many would be helped with the experience you guys are sharing here.

i hope and pray that you get this resolved soon. Good luck buddies.

pappu
06-30-2011, 09:39 AM
Yes. I confirmed that New Delhi embassy has received documents.

I talked to an attorney so they can contact ND Embassy. To do that they are taking $750.
Does it help ? I can pay if it really helps. They said they will try to expedite the process.


How will they contact? and get a response? Will you get proof and a guaranteed response?

What is the $750 for? Is embassy charging such fees?

And the big question is will such contact( ?) really expedite the process?

And is this part of a defined process to 'expedite applications'? Where is it written? Have you checked ?

Have you sought all information before going this route?

lostpacket
06-30-2011, 09:49 AM
How will they contact? and get a response? Will you get proof and a guaranteed response? They haven't told this. I haven't gone that far.

What is the $750 for? Is embassy charging such fees? Probably their fees. Usually attorneys charge $300/hr. They also will send me agreement if I say yes to their service.

And the big question is will such contact( ?) really expedite the process? As per my knowledge, there is nothing you can do to expedite it. I was expecting some legal advise from them but they haven't told how they will expedite it.

And is this part of a defined process to 'expedite applications'? Where is it written? Have you checked ? No applications can be expedited.

Have you sought all information before going this route? That's why posted here

I was looking if someone really got benefit from attorneys. But it looks like attorneys benefit from us.:D

pappu
06-30-2011, 10:00 AM
As far as I know there is no defined expedite process.

If someone has authoritative and written official proof about the expedite process for 221G, let everyone know.

aarzoo
06-30-2011, 10:16 AM
I doubt attorney will be able to do anything. I think they can only email them/ call them. Also, I think the decision is taken by the same VO whom you talked to while at the embassy/ consulate. So it depends how is his availability.

If you still want to consult an attorney, can you try to use a US attorney working from India like Sheela Murthy's India office, Poorvi Chothani, etc.

ndbhatt
07-05-2011, 01:34 PM
Guys,
I just got response from US Consulate
========
Dear Mr. Bhatt:

We must inform you that your case was refused 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 there under.

Based on the documents submitted by you and the information elicited in your visa interview with a Consular officer, we were not able to issue you an H-1B temporary work visa, because your petition shows up as revoked. We thoroughly cross-checked with the Petition Information Management System (PIMS) database and as of today, your H-1B petition filed by XXXX CORP with DHS petition number EACXXXXXXXXXXX (Validity from 02-OCT-2010 to 01-OCT-2013) shows as REVOKED-Automatic in the PIMS database. You can contact USCIS for a case status update, as USCIS will have to make a determination on whether or not to reaffirm your petition.

We requested you to scan and send us copies of your new petition (I-797 and I-129, if any). We were actually waiting for you to send it to us via email
==========
This is absurd as I have been with this company since Oct 2007 and have never been out of status. I have forwarded this email to my Attorney and company HR Immigration. I am still working for my company during this graveyard shift and luckily still getting paid while PIMS reads petition as REVOKED :mad:

Does above refusal mean that if my company gets the USCIS case update, I will have to pay for visa fees again and start all over or I can continue with my current case once USCIS updates their system?

Any thoughts based on educated guess, references or personal experience...

bhattji

thomachan72
07-05-2011, 02:45 PM
Guys,
I just got response from US Consulate
========
Dear Mr. Bhatt:

We must inform you that your case was refused 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 there under.

Based on the documents submitted by you and the information elicited in your visa interview with a Consular officer, we were not able to issue you an H-1B temporary work visa, because your petition shows up as revoked. We thoroughly cross-checked with the Petition Information Management System (PIMS) database and as of today, your H-1B petition filed by XXXX CORP with DHS petition number EACXXXXXXXXXXX (Validity from 02-OCT-2010 to 01-OCT-2013) shows as REVOKED-Automatic in the PIMS database. You can contact USCIS for a case status update, as USCIS will have to make a determination on whether or not to reaffirm your petition.

We requested you to scan and send us copies of your new petition (I-797 and I-129, if any). We were actually waiting for you to send it to us via email
==========
This is absurd as I have been with this company since Oct 2007 and have never been out of status. I have forwarded this email to my Attorney and company HR Immigration. I am still working for my company during this graveyard shift and luckily still getting paid while PIMS reads petition as REVOKED :mad:

Does above refusal mean that if my company gets the USCIS case update, I will have to pay for visa fees again and start all over or I can continue with my current case once USCIS updates their system?

Any thoughts based on educated guess, references or personal experience...

bhattji
Hi bhattji, there has been somebody previously on this forum who had a similar issue. In that case some clerical staff in the international office of an university inadvertantly sent the revoke request to the CIS. This lady then kept this a secret from the university and the employee for quite some time before the employee finally realized that he/she was out of status for quite some time.
Could you check when this was revoked and if somebody in your HR accidently did this. If your company had a lay off then the letter might have been sent out for somebody else but with your name/details on it?? Just a guess.
The other possibility is that somebody at CIS did this accidently??
Either way you have a chance if your attorney could communicate the mistake. Unfortunately it will take time. Sorry about this and hope you pull through soon.

ndbhatt
07-06-2011, 12:33 AM
Hi bhattji, there has been somebody previously on this forum who had a similar issue. In that case some clerical staff in the international office of an university inadvertantly sent the revoke request to the CIS. This lady then kept this a secret from the university and the employee for quite some time before the employee finally realized that he/she was out of status for quite some time.
Could you check when this was revoked and if somebody in your HR accidently did this. If your company had a lay off then the letter might have been sent out for somebody else but with your name/details on it?? Just a guess.
The other possibility is that somebody at CIS did this accidently??
Either way you have a chance if your attorney could communicate the mistake. Unfortunately it will take time. Sorry about this and hope you pull through soon.

Thanks for your response Thomachan. My heart goes out to people who are victims of such clerical errors. In case mentioned above, the worst part is - despite knowing her mistake, the lady kept quiet for fear of retribution and messed up the poor guy's visa status.

In my case, my Attorney and HR confirmed that there hasn't been any communication to revoke my petition. There has been no layoffs, in fact my company is growing and hiring actively. As per my Attorney, next steps are:
A. Call the USCIS to make a service request in regard to my petition, and
B. Then get AILA involved. Apparently some of the Immigration lawyers have contacted service centers in past for similar cases.
I will keep information posted, as much as I can, for the benefit of others who sail in same boat. If things don't bode well then plan B is to move to Canada and work for the same company.

bhattji

thomachan72
07-06-2011, 11:08 AM
Thanks for your response Thomachan. My heart goes out to people who are victims of such clerical errors. In case mentioned above, the worst part is - despite knowing her mistake, the lady kept quiet for fear of retribution and messed up the poor guy's visa status.

In my case, my Attorney and HR confirmed that there hasn't been any communication to revoke my petition. There has been no layoffs, in fact my company is growing and hiring actively. As per my Attorney, next steps are:
A. Call the USCIS to make a service request in regard to my petition, and
B. Then get AILA involved. Apparently some of the Immigration lawyers have contacted service centers in past for similar cases.
I will keep information posted, as much as I can, for the benefit of others who sail in same boat. If things don't bode well then plan B is to move to Canada and work for the same company.

bhattji
Do you have family (wife/kids) in the US now?

ndbhatt
07-06-2011, 11:49 AM
Do you have family (wife/kids) in the US now?

I have my family with me in India.

ndbhatt
07-18-2011, 01:30 PM
Lostpacket,

What's your case update? Haven't heard from you for a while.

bhattji

lostpacket
07-18-2011, 01:32 PM
@ndbhatt

Nothing yet. I am still waiting. :(

ndbhatt
07-20-2011, 05:56 AM
@ndbhatt

Nothing yet. I am still waiting. :(

@lostpacket,
Sorry to hear that. I completely empathize you given the uncertainty.

My case inched a little further...
My Attorney was able to get the PIMS system updated with correct status of the approved petition; meaning, now the PIMS correctly shows my petition in approved status.

Last Friday, I received an email to submit our passports to VFS in Hyderabad. I submitted all our passports on 18th July with a plan to stay put until I got them stamped; usually it takes 2-3 business days. However, as of today, my passport status on VFS site still reads "Your Passport is under process at U.S Embassy/Consulate."

Since I am a resident of Mumbai, I have to stay in a hotel to collect passport in-person. Collecting stamped passport at VFS is just a last ditched attempt to avoid rescheduling of my return trip for the second time. I will wait until tomorrow for our passports. My return trip this weekend seems to be in jeopardy due to the delay in H1B visa stamping. If I don't get passports tomorrow, I am heading back home and will reschedule my US return trip for the second time. Everytime I do this, I hear airlines coffer go cha.. ching...

I am really frustrated due to this whole visa stamping process. :(

bhattji

lostpacket
07-20-2011, 06:28 AM
Good news bhattji.

They asking you for passport is a sign of your visa approval.
Let us know when you get stamped visa.

In my case, all I can do is condole myself. My case hasn't moved a nano inch so far since 7'th June Doc submission.

Plus there is pressure of being laid off. I work 12 hours a day and keep my manager happy but still not sure how long this will last. I am really frustrated. :mad::mad::mad:

One more thing I did wrong was I went to ND consulate. It is very slow in visa processing.

God help me. I don't want to get stuck here for long.

ndbhatt
07-20-2011, 06:44 AM
Good news bhattji.

They asking you for passport is a sign of your visa approval.
Let us know when you get stamped visa.

In my case, all I can do is condole myself. My case hasn't moved a nano inch so far since 7'th June Doc submission.

Plus there is pressure of being laid off. I work 12 hours a day and keep my manager happy but still not sure how long this will last. I am really frustrated. :mad::mad::mad:

One more thing I did wrong was I went to ND consulate. It is very slow in visa processing.

God help me. I don't want to get stuck here for long.

@lostpacket,
I hope passport request is good move. But this afternoon VFS person told me that my case is under administrative processing. Not sure if he was reading the status or giving me new status update.
As far as consulate goes, no consulate is good nowadays, all are same. I have been going through all several forums reading the latest visa refusal cases and it seems that VO's are getting more and more ironclad with visa approval at the cost of genuine cases. God knows what's going on and what the intentions are.

Had I read all these horror stories before, I wouldn't have stepped out of the US.

I pray that you and several others in the same boat get enough strength to withstand this emotional roller coaster ride.
P.S. Sent you a PM.
bhattji

gc_on_demand
07-20-2011, 07:55 AM
@lostpacket,
I hope passport request is good move. But this afternoon VFS person told me that my case is under administrative processing. Not sure if he was reading the status or giving me new status update.
As far as consulate goes, no consulate is good nowadays, all are same. I have been going through all several forums reading the latest visa refusal cases and it seems that VO's are getting more and more ironclad with visa approval at the cost of genuine cases. God knows what's going on and what the intentions are.

Had I read all these horror stories before, I wouldn't have stepped out of the US.

I pray that you and several others in the same boat get enough strength to withstand this emotional roller coaster ride.
P.S. Sent you a PM.
bhattji

I was in same situation , 7th year ext , full time with same employer for last 6 years and got 221(g) for first time.

I was stuck under 221(g) at Mumbai earlier this year. My records was not in PIMS + I renewed my passport after I got my H1B approval , seems like they have relationship between pp and I 797. By GOD grace , my case was resolved in 3 business days and once I submitted pp via VFS I got it back in 2 business days.

I think you will get it soon , based on their work load it may take up to week to print stamp.

redcard
07-20-2011, 08:18 AM
lost packet have you tried calling your senator's office or the congressman's office, I would suggest you doing that. Sometimes and enquiry from them gets things moving fast. I do know of cases which were stuck in the process moved only after an enquiry from the senator's office. Try that you have nothing to loose.

pd052009
07-20-2011, 08:40 AM
Just curious..Is anyone taking the lead position to fix this mess?

ndbhatt
07-20-2011, 10:18 AM
Hi,

Apparently, it seems that administrative processing is being rampantly used (or rather abused) nowadays. Also, interesting thing is that there is already official word about the processing times of 60 days. Honestly, I was never aware of this level of detail.
Here's the URL:
Administrative Processing Information (http://travel.state.gov/visa/a_zindex/a_zindex_4353.html)

I doubt if there is enough awareness about this whole process and expected delays in non-immigrant community. 221g form is so easily and often given with anyone of the several reasons. I bet VO, if wanted to, can give any applicant 221g and make him wait for at least 60 days. Reasons can be anything under the garb of national security or name check or MANTIS/TAL or client check...etc.

One thing I don't understand is - why doesn't USCIS and DOS take extra time and effort when they approve the H1B petition in the first place. At least, the applicant would be still in USA and working with peace of mind. I don't understand the rationale behind all of a sudden becoming extra vigilant and to trigger administrative processing as soon as the applicant goes out of USA for visa stamping. Shouldn't this occur at first when petition is approved - if a person is fraud or danger to national security nab him while in bud; why wait until he leaves the country and seeks visa to re-enter. It's a no-brainer.

Needless to say, at that time, even a genuine applicant is in his/her weakest spot... Away on vacation, cannot work unless company allows remote work, has to oblige US commitments (rent/mortgage payment, utilities), school going children, car EMI, insurance, etc. At least one or more reasons will define how weak applicant is positioned.

At times, I wonder - Does USA really want highly skilled workers or it is some kind of systematic & psychological approach to make them go away on their own and let Americans fill in the open positions? I am certain former can happen (is already happening) but have my own reservations against the latter event. :D

At some point a person breaks due to frustration, sponsoring company getting fed up, clients moving on, so on and so forth. I really like to know when and how can this be stopped.

smuggymba
07-20-2011, 10:25 AM
This is harassment, harassment leads to fear and fear leads to control. This is what USCIS is doing these days.

Why can't USCIS do this this check when people file the petition. Good way to harass. I have cancelled my India diwali visit even though I work for an US Energy company with no Vendor/Client complexity but looks like Visa Officer provides everyone equal opportunity while harassing.

going to Yosemite instead:)

Hi,

Apparently, it seems that administrative processing is being rampantly used (or rather abused) nowadays. Also, interesting thing is that there is already official word about the processing times of 60 days. Honestly, I was never aware of this level of detail.
Here's the URL:
Administrative Processing Information (http://travel.state.gov/visa/a_zindex/a_zindex_4353.html)

I doubt if there is enough awareness about this whole process and expected delays in non-immigrant community. 221g form is so easily and often given with anyone of the several reasons. I bet VO, if wanted to, can give any applicant 221g and make him wait for at least 60 days. Reasons can be anything under the garb of national security or name check or MANTIS/TAL or client check...etc.

One thing I don't understand is - why doesn't USCIS and DOS take extra time and effort when they approve the H1B petition in the first place. At least, the applicant would be still in USA and working with peace of mind. I don't understand the rationale behind all of a sudden becoming extra vigilant and to trigger administrative processing as soon as the applicant goes out of USA for visa stamping. Shouldn't this occur at first when petition is approved - if a person is fraud or danger to national security nab him while in bud; why wait until he leaves the country and seeks visa to re-enter. It's a no-brainer.

Needless to say, at that time, even a genuine applicant is in his/her weakest spot... Away on vacation, cannot work unless company allows remote work, has to oblige US commitments (rent/mortgage payment, utilities), school going children, car EMI, insurance, etc. At least one or more reasons will define how weak applicant is positioned.

At times, I wonder - Does USA really want highly skilled workers or it is some kind of systematic & psychological approach to make them go away on their own and let Americans fill in the open positions? I am certain former can happen (is already happening) but have my own reservations against the latter event. :D

At some point a person breaks due to frustration, sponsoring company getting fed up, clients moving on, so on and so forth. I really like to know when and how can this be stopped.

imh1b
07-20-2011, 10:34 AM
I doubt anyone wants this stopped.

How many people actually want this stopped? You will find that only those people who are in India waiting for 221G want it stopped. Once they get H1B and come here none of them care. People who already have H1B stamped and in USA do not care Those who have EAD do not care. So we are only talking about 10-20 people at any time who are unfortunate. Many of these 10-20 only wait for 10 days and get it. Only 1-2 people wait longer and post on website for help. If people who have got 221G themselves in the past or might get in future do not want it stopped why will anyone else who have EAD spend their time and $ to stop it is the question? It is a sharp criticism of people who do not care. We are all just divided and only care about our application and visa bulletin dates EB2 EB3 calculations threads. This is the same reason why no recapture bill has been passed till now.

Hi,

Apparently, it seems that administrative processing is being rampantly used (or rather abused) nowadays. Also, interesting thing is that there is already official word about the processing times of 60 days. Honestly, I was never aware of this level of detail.
Here's the URL:
Administrative Processing Information (http://travel.state.gov/visa/a_zindex/a_zindex_4353.html)

I doubt if there is enough awareness about this whole process and expected delays in non-immigrant community. 221g form is so easily and often given with anyone of the several reasons. I bet VO, if wanted to, can give any applicant 221g and make him wait for at least 60 days. Reasons can be anything under the garb of national security or name check or MANTIS/TAL or client check...etc.

One thing I don't understand is - why doesn't USCIS and DOS take extra time and effort when they approve the H1B petition in the first place. At least, the applicant would be still in USA and working with peace of mind. I don't understand the rationale behind all of a sudden becoming extra vigilant and to trigger administrative processing as soon as the applicant goes out of USA for visa stamping. Shouldn't this occur at first when petition is approved - if a person is fraud or danger to national security nab him while in bud; why wait until he leaves the country and seeks visa to re-enter. It's a no-brainer.

Needless to say, at that time, even a genuine applicant is in his/her weakest spot... Away on vacation, cannot work unless company allows remote work, has to oblige US commitments (rent/mortgage payment, utilities), school going children, car EMI, insurance, etc. At least one or more reasons will define how weak applicant is positioned.

At times, I wonder - Does USA really want highly skilled workers or it is some kind of systematic & psychological approach to make them go away on their own and let Americans fill in the open positions? I am certain former can happen (is already happening) but have my own reservations against the latter event. :D

At some point a person breaks due to frustration, sponsoring company getting fed up, clients moving on, so on and so forth. I really like to know when and how can this be stopped.

ndbhatt
07-20-2011, 11:25 AM
I doubt anyone wants this stopped.

How many people actually want this stopped? You will find that only those people who are in India waiting for 221G want it stopped. Once they get H1B and come here none of them care. People who already have H1B stamped and in USA do not care Those who have EAD do not care. So we are only talking about 10-20 people at any time who are unfortunate. Many of these 10-20 only wait for 10 days and get it. Only 1-2 people wait longer and post on website for help. If people who have got 221G themselves in the past or might get in future do not want it stopped why will anyone else who have EAD spend their time and $ to stop it is the question? It is a sharp criticism of people who do not care. We are all just divided and only care about our application and visa bulletin dates EB2 EB3 calculations threads. This is the same reason why no recapture bill has been passed till now.

@imh1b,
You're right. Why worry about 10-20 folks who have to wait for several weeks to few months. Let me them figure on their own. There's no need for everyone to wake up and fight for the cause of few folks stuck in visa approval process.
My point is that it could be anyone on H1B who can become victim of this process; today its me and tomorrow someone else. Lucky are people who get away with few weeks of delay or whose company support their visa delays in terms of remote work or provide lawyers to fight for. Others may not be so lucky.

I am trying to create awareness as to what's going on with unfortunate folks visiting their home country and who need visa stamping. It might not be as troublesome to a new H1B compared to H1B renewals. I will walk away sooner or later from this mess but I want others to re-think 1000 times before they leave US. I don't have answer on to how to fix this issue, once and for all, but at least I can share my experience to create awareness.

May peace be with you.

pd052009
07-20-2011, 12:13 PM
There are many steps that we can take to resolve this mess.

1. If lawyers can provide some guidance to resolve this mess, we can make use of tomorrow's free attorney's call.

If we couldn't get a clear direction, we can move to step-2.

If many can join the call (esp. those who faced this in the past, are facing now), we could get more details.

pd052009
07-21-2011, 03:01 PM
Seriously, where were you guys when IV was taking the "initiative to file 485 without PD being current"? If we had enough mass, the initiative would have moved to stage-2.

Think about this 221g mess and think about the little freedom of having EAD+AP. Join IV to get your freedom. See my signature for details.

ndbhatt
07-27-2011, 09:41 PM
Guys,

Yesterday, I returned to the USA. Last week, I stayed put in Hyderbad until I collected our passports in-person. However, my India trip never ceased to amaze me. This time my elder son's passport "accidentally" slipped out of the pouch and his stamping got delayed by a day. I got his passport after two days via courier. Point is that if things go wrong, there are thousand ways to get it wrong.

FYI... Blue Dart delivers on Saturday too.

Finally, the ordeal is over for me. :rolleyes:

To keep myself occupied, I did few certifications in India for lesser fees compared to the exam fees in USA.

I hope other folks find their way back sooner.

Good luck!!!
bhattji

lostpacket
07-27-2011, 11:12 PM
@Redcard

I have contacted senator's office and they have sent a letter to the New Delhi embassy on 19th July so hopefully I should get reply in next two weeks. Really frustrated.

@ndbhatt

Congratulations sir.

Yes, there are not too many people bothered about 221g unless they have faced it. That's what I have seen. Also only the people not getting visas are posting their experiences.
I don't know how to raise a voice against this problem. Why would US will have stamping facility in US ? I don't know. This is clearly their way of harassment. I wonder why people attack US. Are they really terrorists or the people harassed by the US government just like us.
Its been 2 months now. No reply. I have to vacate my apartment at the end of August as lease is getting over.
I should have never left US. My worst decision of life. Its very painful to go through this frustration. I don't know what timezone I live in. I work in the nights and days to keep my employer happy. This has affected my relationship with family and my fiancee.

God please help me.

ndbhatt
07-28-2011, 08:13 AM
@Redcard

I have contacted senator's office and they have sent a letter to the New Delhi embassy on 19th July so hopefully I should get reply in next two weeks. Really frustrated.

@ndbhatt

Congratulations sir.

Yes, there are not too many people bothered about 221g unless they have faced it. That's what I have seen. Also only the people not getting visas are posting their experiences.
I don't know how to raise a voice against this problem. Why would US will have stamping facility in US ? I don't know. This is clearly their way of harassment. I wonder why people attack US. Are they really terrorists or the people harassed by the US government just like us.
Its been 2 months now. No reply. I have to vacate my apartment at the end of August as lease is getting over.
I should have never left US. My worst decision of life. Its very painful to go through this frustration. I don't know what timezone I live in. I work in the nights and days to keep my employer happy. This has affected my relationship with family and my fiancee.

God please help me.

@lostpacket,
I don't understand - why a letter from Senator's office to ND Embassy. Typically, it's a phone call/email from Senator's office to DOS and then DOS will contact the US Embassy. The turnaround time is few days tops unless your case is a national security issue. Can you reach out to the Senator's office and ask them to send an email or call DOS office to cut through the lines of communication.

sac-r-ten
07-28-2011, 11:43 AM
Welcome back. Good to hear that the ordeal is over. And you got some determination buddy. You did certifications while handling this stamping mess and with family/kids in tow? hats off.


Guys,

Yesterday, I returned to the USA. Last week, I stayed put in Hyderbad until I collected our passports in-person. However, my India trip never ceased to amaze me. This time my elder son's passport "accidentally" slipped out of the pouch and his stamping got delayed by a day. I got his passport after two days via courier. Point is that if things go wrong, there are thousand ways to get it wrong.

FYI... Blue Dart delivers on Saturday too.

Finally, the ordeal is over for me. :rolleyes:

To keep myself occupied, I did few certifications in India for lesser fees compared to the exam fees in USA.

I hope other folks find their way back sooner.

Good luck!!!
bhattji

SalitVerma
02-08-2012, 04:14 AM
@ndbhatt

Nothing yet. I am still waiting. :(



Lostpacket is thr any updadtes from urside? I also have been handed over green 221 g slip yesterday, this is my first attempt for HIb. if any good news from urside will give little hope to me and other ppl on the same boat.

lostpacket
02-08-2012, 04:29 AM
Lostpacket is thr any updadtes from urside? I also have been handed over green 221 g slip yesterday, this is my first attempt for HIb. if any good news from urside will give little hope to me and other ppl on the same boat.

I have got the visa. I am pasting the thread here I had written on Murthy Forum for your info. No good news from Delhi consulate but Mumbai consulate did it for me. There is concern over frequent rejections of visas but US hasn't opened the talk yet.

Hi
Its been painful last 9 months that I had to go through for this visa process in EC model.
Brief details given below.

---------------attempt 1------------------
Location : New Delhi
Client :H-1b filed with company A but I was working for company B since Feb 2011. Employer did not give me LCA for the second client. Probably reason was the company B was in the same MSA (metrostatistical area )
Interview Date : 31'st May 2011
Green slip. Told them work for both A and B . It was true . He probably didn't like I don't have LCA for B.
Doc submitted: 1 week later
Case sent to USCIS : In August
petition expired: 29'th Sept 2011 ( mine was 1 year h-1b)

Employer filed for new H-1B , approved in October. The whole September was wasted as I had to wait for the client letter. The H-1B was filed for client B.

---------------attempt 2------------------
Interview Date: 19'th October Mumbai
yellow slip. No docs asked. Reason told by VO is my previous case is with USCIS.
I told that the petition is expired, the Vo didn't listen.
My lawyer followed up requesting to only consider present case as validity dates on previous case have expired.
2 email conversations between consulate and lawyer took 1 month due to "timely" response of the consulate.
I received email from consulate on Dec 2'nd to submit documents.
I submitted documents on 23'rd December. I submitted original degree certificates as well.
Email from consulate to submit passport : 18'th January
Submitted the passport at Hyderabad VFS
During the same time , I got the docs that I had submitted along with degree certificates.
Received stamped passport by courier on 24'th January. Blue dart is super fast.
Going back to the US on 13'th Feb.

--------------frustrations-------------------
Overall, worst experience of my life. Due to stress I have grown gray hair. Was the US visa worth it ? No medicine can restore it back to black no matter how much I earn in US :)

---------------conclusions------------------
Few things I learnt,
**You can't expedite the 221g process.
**Don't email consulate frequently about processing time unless you have something else to say. They take their own time.
**I wasted considerable amount of time by checking passport status a million times on VFS website. You will get the notification from VFS on phone and email.
**Its better to get the new employer rather than filing the h1b case with the same if the case is sent back to USCIS for review.

--------------future plans----------------------
Next time, I will either find a full-time job ( no EC or EVC or in house ) or come back to India permanently. I don't want to go through this mess again.

I worked in India for few months at my company's India branch in Hyd. It was a good experience working in India as I had never worked here before. I had better lunch and evening was spent with friends roaming here and there :)
My life in US is going to suck again except financially.