A straightforward H1 interview turned out to be 221g yellow in toronto

[zee1]

Hi folks -

I was given a yellow 221g with necessary admin processing form at Toronto Consulate. My appointment date was sep 4. I work directly for my employer and its my 2nd H1 visa stamp with this employer. All my previous 3 h1b stampings were smooth and neithermy company & attorneys nor I can fathom why they would want to do admin processing now on me who has clean records.

I was asked these questions:

1. Who is your current employer

2. Since when have ou been working there

3. What is highest level of education ?

- MS in CS

4. What was your research/project work in MS

- Computer networks

5. Did you work on any network security ?

- No

6. Did you do any encryption related research ?

- No

7. Can I have your resume

- Sure

VO said, everything looks good. I will recommend for your visa approval but it can take 3 weeks. Kept my 1-797 and my resume and returned my passport. She handed a Yellow 221g with necessary admin processing checked and asked no other documents.

I asked her if there's some problem with my application and the VO asked me not to worry about it and I should hear in 3 weeks.

Has anyone been this situation ? IS this some sort of security check ? Whats been the response time like for such cases ? To me it sounds like the whole MS major (computer networks) thing triggered the 221g. I feel that for some reason that officer wanted to save her tail and put my case under 221g for further review by some other authority.

Any information you guys could provide would be great. I have 3 more weeks before my current visa expires. I am still in Toronto now but decided to enter the US in the next few days before my visa expires since this admin process might take a while.

Is there something like if you visit Canada for less than 30days from US, they will not issue a new i-94 ? I travelled out of the US a month ago when I had my I-797 (valid until Sep 2015) and visa (valid until Sep 2012) with me, I got a new I-94 valid until sep 2015.

When I entered Canada after that, they did not take my I-94. So when I enter the US in a few days, do you know if they are gonna issue another I-94 valid until Sep 2012 or Sep 2015 ? given that I dont have my I-797 (sep 2015) now but only a visa that expires sep 2012.

Thanks.

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[kshis13]

you say ur i797 was taken by VO, then how can you enter US within next few days?? you have to wait in Canada

[zee1]

I entered the US today on my H1 visa that is still valid.

An interesting turn of events happened at the port of entry ( I flew, btw )

I went thru US immigration in Canada. At the immigration area, I showed the officer my passport and h1B that expires sep 30. Officer asked for my extension, I told him that the consulate kept it for further review after the interview. He saw my 221g yellow form and had no clue what its for, all he focused was the writing on it which has the word "refused" in it. So, he sent me inside for secondary investigation. I explained my situation to officer inside. He asked if I had applied for I-140. I showed him my advance parole and I was told that I can enter on Ad parole and not my h1. The officers there had no clue what a 221g yellow form meant. Legally I should be allowed to enter US on my h1 that is still valid but for some reason they couldn't make up their mind looking at 221g.

I asked the officer to let me go out of the immigration area to consult with my attorney about the options and they let me do so.. all this while I have been very polite.

I went out, consulted with my attorney and decided to travel with my ad parole. so I went back to immigration area to a different officer. Again, I just handed over my pp, and this time the officer did not ask me any questions other than where I was going. I did not volunteer any further information and only answered the question asked. the officer let me in with sep 30, 2012 as the validity date of i-94.

While waiting to hear from the consulate in canada, to be able to continue working after sep 30, my company will be applying for H1 extension again...

[md7961]

I think because of the nature of your work, they want to do security check on you. you should receive your VISA in 3 weeks, good luck

[satpsb]

Hi,

Same thing happened to me in Toronto for H1B visa renewal. I was asked to wait for 1-2 weeks.

Thanks,

Sat

[zee1]

Thanks for your reply md7961. I hope so. I haven't received any communication from consulate yet. Its been a week now.

[satpsb]

@ h1b_2012_toronto

I am also on same boat.

Please let me know when you get e-mail from Embassy to submit your passport.

Appreciate your help.

Thanks,

Sat

[zee1]

@satpsb

can you describe your interview experience,,was it about ur background ? I hvent heard anything

[satpsb]

Hi h1b_2012_toronto

VO asked these questions...

1. Who is your current employer?- XXX (Fortune 500 company)

2. Since when have you been working there- said XXX yrs, but converted as FTE XX months back

3. What is your role?- XXX

4. What is your Salary?- XXX

5. What is highest level of education ?

- MS in Mechatronics

VO asked, is that related to robotics and Automation?

- I said yes and also Electronics and computer languages

6. Where did you study- Germany.

7. Can I have your resume?

- Sure

Visa Officer (Lady) said, everything looks good. I don't see any issue for your visa approval but gave me 221G paper saying that it needs necessary admin processing (checked box), said it can take 1-2 weeks for getting clearance. VO kept my 1-797 and my resume and returned my passport.

I believe I got this junk 221G just b'coz of my studies.

This is what happened at Toronto Embassy.

[satpsb]

@

h1b_2012_toronto

can you pls send me once you get confirmation to my mail- sat_352000@yahoo.com

[zee1]

looks like the same VO interviewed both of us, same questions.

Sure. I'll let you know when I get a conf and please post an update here once you here from the consulate.

Are you still in Toronto ?

[satpsb]

@ h1b_2012_toronto

Yes, I am still in Toronto. Sure I will let you know if I hear back anything from embassy.

I am also planning to stay here next 2 to 3 weeks, after that I will leave to India.

[zee1]

I emailed toronto office. I got a response which looks more or less like whats in my 221g yellow form ...

Can someone explain me what this means, does it mean that its still under process ? Thanks.

====

Thank you for your query. Your application for a nonimmigrant visa (NIV) has been refused under section 221g of the Immigration and Nationality Act, as amended, (INA) for further review by the U.S. government (USG). This review is conducted outside of this office, and we have no control over the pace or scope of this review. Unfortunately, it remains unfinished. For additional information about this process we ask that you visithttp://travel.state.gov/visa/a_zindex/a_zindex_4353.html

Please be assured that as soon as we learn that your review is finished we will inform you by email. Please retain the notice of suspension TRT/NIV-13(A) that you received during your interview and all supporting documents related to your application. You must be prepared to resubmit them on our request.

Please understand that U.S. law makes the applicant, and not the U.S. government, solely responsible for qualifying for a visa in time to suit his/her needs. We can offer no prior assurance of eligibility to any applicant for any reason at any time. Thank you very much for your understanding and patience.

[zee1]

Alright.. I got an email from Toronto consulate saying they are ready to move forward with processing my application and asked me to submit passport along with original 221g form any tues or thu.. planning to go in a week.. I got this reply in exactly 3 weeks time, which i think is a coincidence with what VO stated verbally.

[hts123]

Hey h1b_2012_toronto

I am in somewhat similar situation. I want to go to Ottawa and I work in research. I got 221g on H1B for first time in delhi 2 years ago, and now want to renew my visa. If I go to Ottawa and get 221(g) based on technology stuff, would they give me my passport back so I can travel to US. My current US visa is valid till Jan 31, 2013.

Did you ask them specifically to give you your passport back or do you think that is normal procedure when they give 221(g). ?

Thanks a lot man.

[zee1]

Hi hts123, I may not be right person to answer your questions..

You said you already got a 221g 2 yrs ago. Are you now going on a different H1b petition to ottawa from a different employer ? What hapenned to your earlier 221g ? Did it get cleared ?

I have been told by many that a 221g will lead to 221g again no matter where you go. Having said that, if you have ur visa valid until jan 2013, if the VO at ottawa asks u to wait for 3 or more weeks for respoonse, you could tell the VO that you have an emergency trip coming up and request your passport. Thats what I did... came back to the US and now when they called me again , I am going to canada again.

Hope it helps, but I suggest you speak to your immigration attorney, please.

[zee1]

ok. finally i got my visa.. and back in the US.

I got reply from consulate in exactly 3 weeks time.. submitted passport + email + 221g yellow form on oct 11 and got my passport+visa back on oct 17.

There was no interview second time.

Hope this helps. good luck folks.