221g rejection weird case

[aafv30]

Hi,

 

This is my second H1B stamping. First time in India. I got my first H1B stamp at Vancouver, Canada. I went to US consulate in Kolkata.

 

Interview 1: visa officer told me that he won't be able to issue visa as there is a glitch in my profile and he has to enquire a few things before issuing the same.

 

I got an email the same day for next interview date which was the next day.

 

Interview 2: visa officer told me that in 2013, a port of entry officer has written on my profile that my employer is at michigan but i am living in minneapolis. he searched my name in michigan database and couldn't find me. I told the consular officer that I had my LCA which clearly had minneapolis address. He said that POE officer must have done a stupid mistake of writing that down. He did use the word "stupid mistake" for some reason. He asked me to submit W2s and minneapolis licenses. I submitted everything. he gave me a 221g form with nothing marked on it.

 

I got a call from US consulate within 2 days that there will be another interview for the same. I need not bring any documents with me.

 

Interview 3: consular officer told me that my visa has been rejected on 221a6c1. I asked him why i got this rejection. I have my LCA from 2013. My papers are in order. He said this has been provided to him by department of state. I should contact my lawyer asap and go from there as he can't issue me visa at this time.

 

I didn't understand why 6c1: misrepresentation in obtaining visa or entry to the US has been cited a reason for refusal. I am on E-V-C model. my client has given me client letters. my vendor has given me letters. all my documents are in order. my company is a big consulting firm having more than 1100 consultants. my paystubs are always on time.

 

i didn't misrepresent anything. anybody has gone through this kind of rejection?

 

Any advice will be appreciated. I will contact my company's lawyer for sure.

[jairichi]

As VO informed you only your attorney can do anything here.

[aafv30]

Thanks.

 

I think this is what is going to happen. Please correct me if I am wrong.

1. US consulate will ask USCIS to review my petition and revoke it on recommendation from DoS.

2. US consulate will review and either send NOIR to my employer or reaffirm its decision.

Q: Is my employer going to know why exactly NOIR has been sent by USCIS?

3. If NOIR, can prime vendor file my H1B on my behalf? What are the chances of this option?

 

Honestly, I am tired of this immigration deal. I have approved I-140 but it took years. Just for my curiousity, I want to know what exactly happened for the visa refusal. From my side, I had all the paperworks. LCA, Paystubs, client/vendor letter stating employer/employee relationship, E-V-C model, approved I-797 till Mar 2016.

 

Any input will be helpful.

[jairichi]

Thanks.

I think this is what is going to happen. Please correct me if I am wrong.

1. US consulate will ask USCIS to review my petition and revoke it on recommendation from DoS.

2. US consulate will review and either send NOIR to my employer or reaffirm its decision.

Q: Is my employer going to know why exactly NOIR has been sent by USCIS?

3. If NOIR, can prime vendor file my H1B on my behalf? What are the chances of this option?

Honestly, I am tired of this immigration deal. I have approved I-140 but it took years. Just for my curiousity, I want to know what exactly happened for the visa refusal. From my side, I had all the paperworks. LCA, Paystubs, client/vendor letter stating employer/employee relationship, E-V-C model, approved I-797 till Mar 2016.

Any input will be helpful.

Your assumption of the process might be right. If you have all documents good then there is a possibility of error in the side of US consulate. That is why you need your attorney to sort this issue. In my opinion you need to update your attorney right away.

[rahul412]

 From my side, I had all the paperworks. LCA, Paystubs, client/vendor letter stating employer/employee relationship, E-V-C model, approved I-797 till Mar 2016.

Employer with 1100 employees doesn't have a direct client. That's weird....

Contact your H1 attorney, if your employer is really good then he should take care of everything.