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vijaisekar

221G GREEN CHENNAI - SEPTEMBER / OCT TRACKER

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@priya - just submit the documents to vfs. no need to appear for interview again. i know its such a pain but what can we do just that God is testing us all.

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hi 221g_SEP9_2011

did you receive any email or call from VFS or directly courrier came to home

I got call from VFS that my courier came back so come and receive it and after taking back the courier came to know that they provided new 221g green against my previous 221g and the same documents they need this time

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@kiran - 221g is itself a slip that is been issued by the consulate for ap. it may be any color. go and get that 221g slip from vfs and u will know for urself. i believe they would have asked for some docs. but having said that its already more than 2 months for u and its strange they have sent u 221g slip now after sayin visa is approved. hope for the best

@vijaisekar,

I got the 221(g) Blue document through courier today(11/11/11) and asked to submit the DS-160 Confirmation page along with passport. But V.O already took my passport at the time of interview.

Now the question is even I submit DS-160,what are possible chances of getting Visa to me . why they are asking DS-160 even admin processing completed to me . I got the 221(g) after 11 weeks.(aug 24th interview date).

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@kiran - that's a good news for u buddy. most probably ur visa will be stamped. also attach a letter along with ds160 mentioning the fact that passport is with them. again congrats ur wait will most probably come to an end. keep us posted

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Dear friends,

Congratulations for all who got Visa after 221(g) and wishing for successful visa stamping for those who are waiting with admin process.

I had interview on Aug 16 and got 221(g) green they requested documents and I dropped on Sep 8 at Chennai but still did not receive any response from the consulate office.

I called VFS and they told me that my case is PENDING. What does PENDING means - Does it mean that Visa Officer did not open the folder of documents I sent or they reviewing on my case. VFS guys don't have any information - they just told that we cant track GREEN 221G Cases and have only Status as Pending. They told me to send an email to vfschennai. Can any one advise is it OK or NOT to keep emails to vfs.

Do I have any chance of getting Visa in case of PENDING status. Its 2 months now since I submitted documents is there any hope left for me.

Thanks in advance for your advise.

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@lokendranath - sorry to hear abt ur case. pennding means its under review n in administrative processing. many of us r in the same boat with this 221g thing. contacting vfs is just useless n waste of time. they wont have any info. and nowadays consulate has stopped receiving mails from us and is been directed to vfs. so try calling DOS. browse thru this posting for the #. its about time u receive some kind of response as its been 2 months. just be optimistic n yes there r chances to get stamping even after 2 months.

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For H1B amendment, if I process through premium, how long will it take to get the adjudication? And when can I submit the documents? Can anyone (who have experienced) tell me of the time frame?

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My Case at Chennai:

My Profile: Masters, EVC, first H1 and handsome ;)

Visa Interview Date : 08/08/2011

221g : Green Slip (No passport)

Docs Submitted :Employer related docs

Docs Submitted Date : 08/17/2011

2nd 221g: Blue Slip requesting passport. 11/03/2011

Passport Received with stamping: 11/11/11

Thanks.....

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Hi guys ,

I am silent follower of this thread. After reading so many stories I thought that let me put my case also here. I am also a victim of 221g green slip at Chennai consulate. My Details are as mentioned below. I got docs late from my employer as he was busy in handling other regular employee in US. I have submitted docs on 31sth oct VFS banglore office and just check with VFS office they told my case is under admin processing. Here are the details of my case

H1B interview: 15th July 2011 22g green form

Docs submitted: 31st October 2011

Passport : No

Waiting for the consulate reply.

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@hatestamping,

Can you please tell me what were u asked to sign and how it will effect the previous employer. I feel very sorry for u and I think these days Consulates are finding ways to get hold off Desi employers who are not following rules. I will try to check with my attorney what options u have and please post ur current proceedings on this.

@Viaji sekar, Thank u so much for keeping this thread alive and please do share any info u have on the petition being withdrawn when we go for visa interview with a different Employer.

This is what I have to share about my experience this year. I am stuck in India since this Summer. Firstly USCIS approves a petition and we are getting visa denied on the same petition which was approved by one of governing bodies under the same government. Some of desi consultancies abuse rules and Consulates are equally abusing the people. I am sorry to say this but they are being very unfair.

In my case I attended visa interview @ chennai in Early May-2011. Was asked for petitioner side docs as listed here. If I understand correctly most of these docs like 'Employer wage reports', 'Employer tax returns for last two years', 'Letter submitted by petioner to USCIS', 'Notarizied list of Employees', Client Letter, Contracts b/w Client and petitioner : all of these are asked as per Jan 2010 Memorandum. Consulate visa issuance is a function of mostly three things like employee credentials (pay slips etc..), employer credentials (have they benched anybody etc..) and finally the matter of control (does employer really have control of employee employment/project). These days ammendments to H1b visa for Client change are playing big role and again its not proven that ammendment is needed for Client change and if LCA would suffice.

I submitted the docs on May 23rd and just last week got an denial letter from Consulate. It stated the common reason that 'Employer if unable to or not willing to Provide employment and hence the Visa is denied and case is sent to USCIS'. Irony is the letter is dated back to July 29th which I feel is very unfair. I have been constantly calling Chennai Consulate, contacted my State Senator and every time I call or Email I would get the standard responses all the time during my wait period. Theres is typically no difference in these responses like " ur case is under review" or "under additional administrative processing" or "under administrative processing". They all mean the same. When I requested my State Senator to put an enquiry with Chennai Consulate in late Aug, Consulate replied saying that the case under is review. I don't understand now how I got the denial letter which is dated back to July29th. This is weird and very unfair is what I feel and I have seen many cases like this where Consulate is delaying sending the responses also.

Now I am in the process of changing to EC model and would like to know the answers for below questions:

1. Now that my petition is sent to USCIS will I be eligible to send an email to USCIS that I want to withdraw my petition or does it have to go through my Employer. I don't think he would do it.

I am trying to reach out to Attorney for the same. With the everchanging rules I am not sure if Attorneys have good hold of what the rules should be like. I also want to add one more point here that my current Employer is selected for DOL Audit. And I believe lately he received revocations from USCIS for H1 Extension applications recently.

Any responses would really help.

To those who are in process of submitting docs and about to go to visa stamp- I would like u to emphasize on below- Please Make sure u have enough proofs to show that ur employmnet is controlled by ur employer and not by ur vendor or client. Being on payroll and getting a W2 from a company doesn't neccesarily allow that company to sponsor u and it will not help u with ur Visa. U need have to or atleast be able to prove that u report to a Manager at ur Employer's company (atleast once in a week-u can give status reports, calls etc or if u have one at the client site thats even better). Ur Employer should do appriasals for u and not ur Client. Ur Employer should approve ur vacation and not ur client. U can a have Client Manager who is monitoring your work and u should not say u report to him.

I think its high time that the Desi companies also Operate in a more robust way and follow gudielines rather than intending on being a body shop and minting money. Lot of Professionals like us though we have a valid employment in US are going through this pain, Familes are getting seperated, career is being shattered and ur put like in cross roads of life. I hope the situation gets better and suffering becomes less. Keep up ur hopes and give ur best shot. Do talk to an attorney and keep urselves updated with latest rules. Goodluck Everyone.

I have a 221(g) from Chennai issued in Sep. Mine became a complicated case because I refused to sign a statement against my previous employer.

I have a Master's from the US and have been living there for a little over 10 years with my I-140 approved and have been with the same employer. Went for stamping in early June with EVC model - got 221(g) and later a denial.

Moved to vendor (EC model) and went to Chennai for stamping. Everything was going great until the VO saw something on the computer about my previous denial and went inside to discuss with someone. Later he sent me to a separate counter where a desi guy asked to sign a statement against my previous employer. I refused because my previous employer (desi) had never given me any problems and I was never on bench. I felt I was being bullied and stood my ground about not signing. I was sent back to the VO (american) who issued a 221(g) green saying he cannot issue a visa while the previous petition is open. He returned all my documents with a note saying I need to get my previous petition revoked from USCIS.

Now my problem is this: my previous employer is in no mood to revoke the petition - he wants to wait and get reaffirmation. The new employer is in no mood to wait for too long. What are my options?

I have been posting in various posts requesting some advice but no one seems to know the answer really. Who do I ask? I spoke to an immigration lawyer whose answers were not satisfactory. Please help me - give me some suggestions. Someone? Experts?

I have a 221(g) from Chennai issued in Sep. Mine became a complicated case because I refused to sign a statement against my previous employer.

I have a Master's from the US and have been living there for a little over 10 years with my I-140 approved and have been with the same employer. Went for stamping in early June with EVC model - got 221(g) and later a denial.

Moved to vendor (EC model) and went to Chennai for stamping. Everything was going great until the VO saw something on the computer about my previous denial and went inside to discuss with someone. Later he sent me to a separate counter where a desi guy asked to sign a statement against my previous employer. I refused because my previous employer (desi) had never given me any problems and I was never on bench. I felt I was being bullied and stood my ground about not signing. I was sent back to the VO (american) who issued a 221(g) green saying he cannot issue a visa while the previous petition is open. He returned all my documents with a note saying I need to get my previous petition revoked from USCIS.

Now my problem is this: my previous employer is in no mood to revoke the petition - he wants to wait and get reaffirmation. The new employer is in no mood to wait for too long. What are my options?

I have been posting in various posts requesting some advice but no one seems to know the answer really. Who do I ask? I spoke to an immigration lawyer whose answers were not satisfactory. Please help me - give me some suggestions. Someone? Experts?

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@rana - congrats n all the best. good to see that u got stamping even after 2.5 months. have a safe flight back to US :)

guys waiting for more than 2 months, u still have hope and so just b more confident n optimisic.

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@prasad - sorry to hear abt ur case buddy. I feel your pain man. well dont loose ur hopes just bcuz u got denied. there r always options and think that its all for good.

ok, now answers for ur doubts -

1. since ur petiton is sent back to uscis, now ur employer shd send a letter to uscis to withdraw ur petition. incase he is not willing to do that then also u can very well attend the interview for ur new h1 and if asked by vo just say ur previous h1 was rejected and if asked show them the letter u got from them. in some case they will ask u to sign a letter against ur old employer, just do that and all will be good.

2. h1amendment is 100% required for client change n not just lca change.

All the best, dont loose ur hopes and be brave. HOPE IS LIFE

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@Vijay: Thank you for the wishes..all the nest to you too and to all others aswell.. its matter of time (stressful one !) but end of it all should be fine..

is there any update on your case??

@Priya: I applied premium for amendment. its within 15calendar days in general but for me it took longer as I had an RFE. Totally took close to 1 n half months (This is from the time I filed I-129 petition to the approval notice with delays in RFE response). I know people who had approvals within 10 calendar days aswell.. so just go ahead and apply your amendment and it will come soon.

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@vijaisekar, Thanks for ur wishes. I think all of us with second attempt should track the second attempt experiences to get an idea about what Consulates are looking for and the new rules about the old petition.

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@Prasad,

The above post by vijaisekhar with replies to your questions is pretty good. You should follow that.

The VFS guy at Chennai asked me about my role with my previous employer. As I was talking he cut me short and told me bluntly that they know I am lying and that they know I was on bench while I was with the previous employer. So he wanted me to write that and sign saying I had been on bench and not getting paid. This was a completely untrue statement. I had my W2s and paystubs to prove that I was being paid and that I was paying my taxes properly. When I refused to sign, things became complicated and I got stuck! Previous employer needs to revoke the petition - which he is not! Current employer is losing interest because client is getting impatient. Please let me know if you find some solution.

Thanks!

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@hatestamping, Thanks for replying back. I really feel sorry u. I am yet to apply the new H1 and I am in process of it. Can u please send me ur contact info, u can get my email ID from my profile. Its sunitasid at y dot co dot in.

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Guys, Please post questions/status updates (no duplicates) which is only relevant to 221g chennai. Other irrelavant topics post it else where in appropriate threads

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ok, some useful info. If u guys r working on making ur attorney to contact Chennai consulate, here is the mail id that they shd use along with G28 form - chennaiatt@state.gov Note: this is only for attorney and not for us.

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