221g for H4 Visa stamping


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Hi All, 

 

I need some help and guidance in my H4 Visa stamping case. 

Chennai Consulate (Nov 2022)

9 Nov  - Dropbox. Only H4, H1 still in USA

7 DEC - Refused

9 DEC - Passport received with 221g. No documents required. Asked to appear in-person interview

6 Jan - Walked in for in-person interview. 

VO: PA documents (I797, expired visa copy etc) 

Me: Gave her

VO: Did you have H1 in the past

Me: (shocked) yes

VO: Wait and I will send another officer to talk to you

After 30 minutes:

2nd VO: Did you H1B? Were ever illegally stayed over in USA?

Me: Yes I had H1B (gave dates) for 18 months or so

2nd VO: How did you find the employer? Were you ever unpaid?

Me: Yes, I was for 4-5 months. 

2nd VO: did you complaint to DOL? 

Me: No, But I was following up with them via email and phone for my salary but they never paid. But I got a Job and worked at client location for a year. After that my H1B employer was caught in a fraudulent activity and was closed. Employer never contacted me, so I was unaware. But I heard from another colleague about it. And Immediately stopped working. Went out t Mexico to do H4 stamping. Since then I am on H4 (I was interrupted few times. VO was strict). 

 

2nd VO: Tell me the truth. You have to write this on a paper. You are signing it so do not tell any lies in there (paraphrased not exact words).

Sent me back to 1st VO.

VO: Here is 221g. 

Me: Can you please explain me a bit more?

VO: (Very polite) Your background needs to be checked. We need to connect with other departments. It will take time.

Me: How much time would it take? I am with my younger kid here. Husband and elder kid are in USA. It is been 2.5 months now. 

VO: (calm voice) sorry dear. But these things take time. Handed me over the document and said bye (good day).

 

My Question:

1) Has anyone came across this kind of 221g where your previous employer was shutdown because fraud? 

2) How long did it take for visa approval after 2nd week?

 

I am extremely scared and really missing my family back in the USA. Any help is appreciate?

 

 

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