Consulate for 2nd time visa stamping after 1st is rejected with 221g


kk84

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Hello,

My visa was rejected by US consulate at Hyd in NOV 2011. And the case is now sent to USCIS for their review. Mine is an EVC model. No updates so far. Now I'm applying for a new H1B with a new client. This is an EC model. Should I go to same consulate or can I pick a different one.

Please suggest me. Thanks in advance.

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Hello,

My visa was rejected by US consulate at Hyd in NOV 2011. And the case is now sent to USCIS for their review. Mine is an EVC model. No updates so far. Now I'm applying for a new H1B with a new client. This is an EC model. Should I go to same consulate or can I pick a different one.

Please suggest me. Thanks in advance.

Try different consulate, just to change things a little bit - although they all have your previous history.

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Stamped after re-affirmation at HYD

Project Model: EVVC

Visa: H1B (came to india for stamping)

Timeline:

  • Oct 2011 - First Interview/ Appt and got 221G
  • Late Oct/Early Nov - Submitted documents requested in 221G
  • Nov 2011 Ending - Denial with recommendation to revoke
  • Feb 2012 - Re-affirm status in USCIS
  • March 2012 - Emp receives physical re-affirm copy and email sent to VFS/Consulate regarding same
  • April 2012 - Re-interview and approval, passport with stamp received

Some questions asked -

  • Who is your manager at Client's place?
  • Who assigns you work on a day-to-day basis?
  • How do you stay in touch with your employer?
  • Who does your appraisals?
  • How do they do it - how do they know what your doing?
  • Do you use proprietary tools?
  • Does your employer provide any tools to you?
  • What product does your firm make?
  • Spell the name of place/person/company.

Same questions were asked in the first and second interview. My answers in the first interview were interpreted to indicate loss of control (between beneficiary and petitioner). In my answers in the second interview, I clarified this was not the case.

My suggestion is that your documentation and response should clearly indicate that your employer is controlling you and not any vendor/client.

But at the end of the day, it is the assesment of the visa officer and your luck

Thanks,

-wt

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  • 1 month later...

Hello Folks!!!

My new visa got approved at Chennai consulate. This is a new H1 with EC model. Here are the questions that the VO has asked:

VO: What's the highest degree you have

Me: Masters

VO: What's your major?

Me: Bioinformatics and I gave the explanation that it has all Computer science related course and I have chosen to come into IT field.

VO: Did you ever work in your field of major?

Me: No

VO: Where are you heading in US?

Me: XXXX, YY (my employer's location)

VO: Whom do you work for?

Me: XXX

VO: What's your designation?

Me: I told my designation and briefed my work

VO: How long have you been with this employer?

Me: Almost 2 yrs

VO: What's your Salary?

Me: XXK/Annum

VO: May I see your Pay slips and W2's

Me: Handed over the Pay slips and W2's

My last pay slip was in Nov 2011 as I got 221g at that time and my employer stopped running my pay stubs.

VO: What's your Salary? (She repeated this question)

Me: XXK/Annum

VO: Do you have a recent pay slip, some thing in 2012?

Me: I explained her about the situation and told her that I have stopped working after NOV, 2011

VO: Are you working here?

ME: I'm in my job search.

VO: Then she expressed her concern whether my employer is paying me properly.

ME: I assured her that it's a big company and it has lot of clients...

VO: Then she checked the Exhibit A and asked that I have a client XX and asked again whether I will be working at the client place or at my employer place

Me: At my employer place. I need not go to my clients place

VO: what do you work for them if you are away...

Me: I interrupted her and told, "we will be building the client's product in our office".

She was totally convinced by then and approved my visa.

Suggestion: As per my experience at both Hyd and chennai consulates, Chennai consulate is much much better than Hyd. Not only it has high approval rate but the way they have organized the process is good. It took me 1hr 30 min for the whole process to complete. where as in Hyd, it took me 4 hrs to get the 221g ;)

Anyway, good luck with your interviews and if you feel I'm of any help you can write to kkammal@gmail.com

Thanks for all the help and inputs...Concluding the discussion, VO didn't ask me why I came to Chennai for my interview after I got 221g at Hyd.

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  • 1 month later...

Hello Folks!!!

My new visa got approved at Chennai consulate. This is a new H1 with EC model. Here are the questions that the VO has asked:

VO: What's the highest degree you have

Me: Masters

VO: What's your major?

Me: Bioinformatics and I gave the explanation that it has all Computer science related course and I have chosen to come into IT field.

VO: Did you ever work in your field of major?

Me: No

VO: Where are you heading in US?

Me: XXXX, YY (my employer's location)

VO: Whom do you work for?

Me: XXX

VO: What's your designation?

Me: I told my designation and briefed my work

VO: How long have you been with this employer?

Me: Almost 2 yrs

VO: What's your Salary?

Me: XXK/Annum

VO: May I see your Pay slips and W2's

Me: Handed over the Pay slips and W2's

My last pay slip was in Nov 2011 as I got 221g at that time and my employer stopped running my pay stubs.

VO: What's your Salary? (She repeated this question)

Me: XXK/Annum

VO: Do you have a recent pay slip, some thing in 2012?

Me: I explained her about the situation and told her that I have stopped working after NOV, 2011

VO: Are you working here?

ME: I'm in my job search.

VO: Then she expressed her concern whether my employer is paying me properly.

ME: I assured her that it's a big company and it has lot of clients...

VO: Then she checked the Exhibit A and asked that I have a client XX and asked again whether I will be working at the client place or at my employer place

Me: At my employer place. I need not go to my clients place

VO: what do you work for them if you are away...

Me: I interrupted her and told, "we will be building the client's product in our office".

She was totally convinced by then and approved my visa.

Suggestion: As per my experience at both Hyd and chennai consulates, Chennai consulate is much much better than Hyd. Not only it has high approval rate but the way they have organized the process is good. It took me 1hr 30 min for the whole process to complete. where as in Hyd, it took me 4 hrs to get the 221g ;)

Anyway, good luck with your interviews and if you feel I'm of any help you can write to kkammal@gmail.com

Thanks for all the help and inputs...Concluding the discussion, VO didn't ask me why I came to Chennai for my interview after I got 221g at Hyd.

Thanks for your updates dude ...

You went with the same employer or different?

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  • 2 months later...

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