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saxenahemant

Delhi: Visa Refusal under 221(g) Need valuable and prompt guidance

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Interview date= 29th Aug 2011,

221g=green ( with all boxes checked),

Document Submit date=30th Aug 2011

Passport Returned (with refusal)=19th Sep 2011

Refusal letter dated=13th Sep 2011

Employment Model= Employer-Direct Client [indian Employer – American startup client]

Hi Guys,

My wife who was 6 months pregnant when she came here too in delhi (a month before me) and attended H4 visa interview and got successfully stamped. We were planned to return together on 7th Sep 2011 but since I got slapped with 221g we have to cancelled our flight tickets.

And then when it was taking too long to hear response from Consulate and also her pregnancy entered in last tri-semester I decided to send her back with the 3 old kid back to US. Her pregnancy is complicated one. She is an ITP patient and during pregnancy she developed Gestational Diabetes. So she has to go to 3 different doctor every 2 weeks (cancer specialist, prenatal specialist and Gynecologist )

So she flew back to US on 19th Sep 2011 morning and then on very same day I received my passport with visa refusal. Consulate cancelled my 7yrs more valid B1/B2 visa on it too.

Though my mother in law is there with her but still it is getting very hard on her to drive to those different doctor’ offices along with daily errands. And my 3 yr old daughter cries daily to see me.

Now as analyzed, we (my company) believe that visa got refused because of client change then what was originally mentioned during H1B petition filing (though we did new LCA but I guess that wasn’t enough). So the company filed H1B amendment on 22nd Sep 2011 (with premium processing) to state the current employment status but that’s going to take time before even I can see physical approval in my hand.

So now let me explain the exact worry point. I am really really concerned about my wife taking all the pain right now because I am not there with her. And also I don’t want to miss out on our second baby delivery which is due around Nov 11, 2011. I really love kids and was waiting for this moment from a very long time. So I don’t know what all options I have:

  • wait for H1B amendment physical approval and reappear for Visa stamping. What if they again run the same cycle of 221g and then refusal.
  • Or, meanwhile appear for B1/B2 based on the spouse medical grounds so that atleast I could be with her till some decision is made.
  • What if even after amendment they refuse on Visa issuance. Then it will be whole lot time to find a new employer and start things again.
  • Can I appeal anywhere in US or here on my current situation to help me in any manner.

Please help me out in this situation with your valuable guidance.

  • Hemant

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Hemant, I am very sorry to hear your case,but I am not that experienced with visas and I won't be able to give you any suggestions. Probably seniors can guide you. Goodluck.

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" visa got refused because of client change then what was originally mentioned during H1B petition filing"

That is possibly the culprit. With the new paperwork the H1 petition should be approved shortly and you can go and get your visa. If no joy discuss the matter with a Lawyer for guidance.

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Your company screwed up. Once they get their act together and file the true and necessary paperwork you will have your petition approved and can then get the visa. I hope that the company is continuing Health care coverage under the circumstances. The priority is for a safe pregnancy and delivery.

Edited by pontevecchio

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Your company screwed up. Once they get their act together and file the true and necessary paperwork you will have your petition approved and can then get the visa. I hope that the company is continuing Health care coverage under the circumstances. The priority is for a safe pregnancy and delivery.

Thanks, Great Heart. I hope company is doing right paper work this time. Yes, my first and last priority is safe pregnancy and delivery. Health care coverage will be active throughout the pregnancy and month or two after delivery too. If need I will opt for COBRA.

But I am not sure why people are responding to my options above there. I need to know what all the viable options I have.

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