221G Blue slip@ Hyderabd Consulate(Deepthi)

[reddyar]

Hi Friends,

I am writing this on behalf of my husband.We attended visa interview on May 13th 2011 and got a refusal letter on Aug 16th saying that there is no direct contact between the client and employer though my husband is working with the same client for the past 5 years.Hence our case is sent to USCIS for possible re-affirmation/revocation.Is anyone under the same situation? or how long it might take for us to get a reply from USCIS and how likely can we get a positive response from them?And also our I140 is approved under EB3 category with PD 2008.Can we switch to EB2 staying in India?Is anyone under the same heat?Lets join hands and help ourselves.Please provide us the needed info with all possible options to get back there.

Looking forward to hear from you!

Thanks & Regards

Deepthi

[reddyar]

Even his client was contacted the very next week after the interview, but got the refusal letter after 3 months.

[hidivya]

Hi Deepthi

I am in the same situation.

I guess you can apply for a new H1 from the same employer providing proper documentation this time, or you can apply new H1 from your vendor if yours is EVC model.

Orelse just wait for USCIS to respond so that your employer will have a chance to rebut ur case providing all the necessary documents but i heard its time taking.

Let me know ur proceedings as we are in the same boat.

Thanks

Chinni

[reddyar]

Thanks Divya...I will sure let you know.

[rajthewizard]

HI Deepthi,

I am also having the same situation, believe me it might not be worth waiting for the USCIS to respond. In my case it is almost 10 months I got the letter from Consulate that my case is sent back for revocation and there is no response. I wish your case should not be like mine but still i am very frustrated by the response times of the processing once it is sent back to USCIS. I have approached the senator but still no effect. USCIS will take its own time to process the cases that they got back from Consulate. Belive me it is not worth while waiting for the response, I have searched about this situation in and out on various forums for which they can acknowledge me with a PHD...

But few questions for you

where did you attend your interview I mean which consulate?

Did you and ur husband attend together?

Any Answers that you gave to Visa officer which he was not convinced?

ALL THE VERY BEST...

Keep Updating...

[reddyar]

Hi Raj,

Thanks for the reply!

Yes, we attended together in Hyderabad Consulate.My husband works under EVC model.And yes the visa officer is not convinced with the fact when we answered we make weekly visits to our Employer though we work at clients place when he asked us how does your employer have control on you if you are working in a different place?

Few questions for you too..

So did you apply for a new H1?If so do we have to wait till the revocation of old H1?

And how long does it take for the processing for new H1?

What are the other options you are looking for?

[rajthewizard]

HI Deepthi,

Your case is very much like mine, I too had gone for the stamping with my wife but it was in Chennai. I think it is not a good option to attend the interview together. anyways what has happened is happened.....let me answer your questions

So did you apply for a new H1?If so do we have to wait till the revocation of old H1?

No I am so stupid that I have not applied for another H1 till now, but none the less I am looking for a good employer now.

And how long does it take for the processing for new H1?

I cannot answer this as i haven't applied for another H1

What are the other options you are looking for?

Best option is to wait for some time and go for another H1 if your end client is still willing to hire you back. I am asking you to wait for some time is just bcoz if you apply soon they might think you are very desperate to get into US which will make you a potential immigrant.

Is your husband working from India for he client now?

Is the end client ready to change the PO to a new company if you are planning to get a new H1 done.

Also I have my friend who has gone through the same situation but his wife got H1 stamped so he went for H4 and he got it stamped so try that if you can once you are in US you can jump back from H4 to H1 in no time...

ALL THE BEST

keep updating...