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H1 Stamping in Hyderabad(Not sure other locations) Rejection for Most of them
I am on H1 since 2004 and I have bought Two Houses in USA.
Here is my case.
In the month of Feb 2012 I had to go to India for my Brother's wedding and I am working from India since then and I had to go for stamping in Hyderabad Consulate.
First question the Officer asked me was whether I carry the Client Letter. I said I don't have one because My client can't provide the Client Letter because they scared that they might get any Legal Issues.
So After asking lot of questions like
What is your manager name at the client location?
what is the manager name at the Employer location?
Did you installed any Employer's proprietary software at client location?
Does your Employer has the right to change the working timings at the client?
How frequently you talk to the manager at the Employer manager?
Where is your Employer location?
Finally the officer gave me 221G(White Color) to submit more documentation.
I sent the same to my employer and my employer tried to contact the client and they said they can't give the client letter and My Employer tried to provide all the details like work order, Roles and responsibilities and my manager details at the client location etc.,
I submitted the documents to Consulate on March 1st here in Hyderabad. After 1 and half months I got the following Email from Consulate. I was shocked to see this email.
Thank you for your correspondence to the U.S. Consulate General in Hyderabad.
Please find enclosed the refusal letter for your nonimmigrant visa case.
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. In accordance with United States law and Department of State guidelines, action on your case has been suspended, and the I-129 Petition for a Nonimmigrant Worker filed on your behalf was 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.
Consular officers return a petition to USCIS only when the visa interview provides new information that is not available to USCIS at the time the petition was approved.
Our decision to return the petition to USCIS was based on a detailed evaluation of all aspects of your nonimmigrant visa case. We have provided our perspective on all the facts about your case to USCIS and will await its judgment on whether or not the petition should be reaffirmed.
The U.S. Consulate General in Hyderabad is no longer handling your case, and will be unable to give you any information on the status of your petition. You can contact USCIS for a case status update.
We hope this information is helpful. If we can be of further assistance, please do not hesitate to contact us.
I am sure you might have seen similar cases recently. Can you explain how many case that went to USCIS Got Re-Affirmed and approved the visa? Can you suggest me how can I provide USCIS all the information that I have. I am sure there might be some misunderstanding at the Officer in Hyderabad or they just wantedly Rejecting all the visas in Hyderabad. I met almost 6 to 10 guyz having the similar cases.
Please suggest me how can I explain my scenario to the Consulate here in Hyderabad. I want to tell them that I have two houses and USA and if I can't go I had to FORECLOSE those houses. Please let me know.
I really appreciate your help.
I'm sorry to hear about your experience at the Hyderabad consulate. If your houses are a concern, you maybe able to obtain a B-2 visa to go and get rid of them and atleast get your money out. Other than that, there is no law that prevents the consular officer to deny your visa if he/she isn't satisfied by the documentation provided.
PS I'm not a lawyer.
But I think the visa officer may have made his/her decision after your first answer itself. It seems that you were not well prepared for the interview. You should have asked your employer and colleagues on how to tackle the questions. As said by the earlier member your only choice now is to get a B1 visa to get rid of your house or find a new employer who can sponsor your new H1 and if that gets approved you come to the US in October. But meanwhile you may have to keep making the mortgage payments to the bank if you want to avoid the foreclosure. Good luck.
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