Case sent back to Kentucky Consular Center

[pranavi2008]

Hi,

Need suggestions very Urgent

here is my details;

date of interview 26th August 2011 got 221g green form asked to submit petitioner documents

Docs submitted: 30th august 2011

today i got email from consulate saying that..

As per the US Consulate, your case has been returned to the Kentucky Consular Center in the United States. You may contact the USCIS office for further information. Please consider this case closed at their office.

what is this mean, is it rejected or what..please can any one help in this what am i suppose to do now..

[ForumUser7]

Hello, sorry to hear that. Here is what it means based on Internet research:

Your case has been referred to the Kentucky Consular Center for a re-review of your previous approval. Once Kentucky Consular Center gets the case, it is sent to the service center that processed the case for a re-review. They can either re-affirm(approve) the case and send a notice saying so to the employer or revoke it if they feel that the case should not have been approved before.

If it is re-affirmed and when your employer gets it, you have to take it to the consulate for a new visa stamp. This usually takes a very long time.

[pranavi2008]

Thank you for the reply..

till i did not receive the documents which i submitted to consulate, are they going to send it back or send to KCC..any idea...

mean time can i apply for new petition now.

[kuku82]

Honest opinion. forget about that petition. It might take any where between 6-8 months sometimes even more..Ask you employer file a new petition for you.

[pranavi2008]

Hi kuku82

Thank you for the reply....i am filing new petition with new employer...

while filing to DS160 this time what should i give...last 6 month have u rejected/denied visa section..is it Yes or No....

they didn't say my case was denied...please let me know what should i give there..

[kuku82]

@pranavi

It is not a rejection until your petition is revoked by USCIS..it is "pending"

So you can put "NO'

[pranavi2008]

Hi #6 kuku82

i called DOS still they are telling my case pending...i called vfs regarding this they said they don't have any information send mail...

planning to transfer H1B now..............

[forumman]

@pranavi2008: You have to select "YES" in the question asking about visa denial in past 6 months. One of the members posted the same in other thread. He went for second interview with a new petition. This is the reason: Since your case is returned back to the USCIS, all your communication should now be done with USCIS. There is no use of calling DOS or VFS or Consulate. They consider your case closed as per their email. You can contact USCIS after 120 days from the day they received your petition from the Consulate.

[221gmay18]

@pranavi2008: When you called VFS did they say that your case is still pending?

I attended the interview on Sept 29 at Hyd consulate. VO kept my passport and told i would get it back in 2 or 3 days but after 2 months of waiting i got my passport back on Dec 1st without visa stamp. I called VFS and they said that my case will/might be sent to KCC for review and the case is closed at consulate. Suddenly after a couple of weeks i called VFS and asked whether my case is sent back to KCC (just to confirm .... i was still not able to believe about my case).. they said that its still under admin processing. I didnt get any email from consulate about my case being sent back to KCC till now so now im really confused wat to believe ...wat they said the first time or wat they are saying now :( :(

[pranavi2008]

Hi 221gmay18

they told me that stll in processing..after that i told them i have received mail from VFS stating that case sent to KCC, later he asked me to forward that email with case details..i have forwarded yesterday still no reply....

i called uscis today they said..we are unable to provide information to applicant ask your employer to call...

[kuku82]

You can put "no" to that particularly question on ds 160 unless your petition has been revoked by USCIS.

And believe me guys, forget about getting a stamp once your case is sent back. Just apply for new h1b.. USCIS will take forever to make a decision.

[raghavapudi]

HI Pranavi,

If you appear for interview and given a 221g then you have to say it is denial , even though the case is with consulate . this is what i have come across in the forums .

[kuku82]

well, 221g is not denial, it is "pending" ( I Know Mrs Murthy's website mentions something else) ... But how can you say it is denial when some people get stamping after 221g and some not....

according to my attorney you can put "NO" to that question.

[hatestamping]

@pranavi,

Sorry about the denial. You definitely should look into filing a new petition.

In DS-160 you must select "Yes" since the consulate has "refused" your visa (stamping) and has sent the "petition" back to USCIS for revocation. Also, you did not receive the documents back because the consulate sent all those documents back to USCIS.

Thanks.

[Diorsdune]

@kuku82 - The consulate has responded after their investigations post 221G. With the letter they have closed the case at their end.

Can the experts please comment on this.

Thanks ahead!

The 221g was

well, 221g is not denial, it is "pending" ( I Know Mrs Murthy's website mentions something else) ... But how can you say it is denial when some people get stamping after 221g and some not....

according to my attorney you can put "NO" to that question.