221G Complaints ???

[gogokool]

Hi,

I am another frustrated US Visa aspirant and may be I dont make sense since I am disappointed.

Can someone (lawyer or petitioner or applicant) file a complaint or case against USCIS for the delays and inefficient process.

Why can't USCIS take more "admin processing" and reject applications and NOT issue approved I797 instead of approving the H1B and delaying the stamping.

I am confused of the whole process and the basic reason of issuing H1's. The main reason per my understanding is that a company needs a service of an applicant and needs it when petition is applied. Doesn't delay cause loss to petitioner and applicant. Can't someone sue them for the losses.

Again, may its just my frustration but still even the admin processing, why cant they have proper updates of statuses, there are case numbers that are updated online for the first time after the visa holders reached US after 3 month delays.

Thanks,

Gokul

[JoeF]

221G is coming from a consulate, not USCIS.

And there is no right to a visa. So, there is pretty much nothing to sue about.

[keldhose]

Here is my H1B renewal stamping experiance.

My Interview was on 17th May 2011 at Chennai consulate.</div>

I am working on EVC (Employer Preferred Vendor and Client) model.</div>

Received 221g blue form asking for the below documents(Passport not asked to submit).</div>

1) Copy of petition with all supporting documents as filed to USCIS.(including Petition supporting letter - this was missing at the time of interview).</div>

2) A copy of employment contract or letter of agreement signed by you and the petitioner.</div>

3) Petitioner's Income Tax Return for the last two tax years and financial statements.</div>

4) A copy of contract between End Client and Vendor (This was not with me at the time of interview).</div>

5) Client Letter.</div>

6) In the OTHER Section VO asked "Complete work itinary until 2013".</div>

I submitted all the docs on May 24th except Contract between Vendor and client, instead I submitted the Purchase Order(PO) between the Client and vendor because there was no contract signed between the vendor and the client. They are just working based on the Purchase Orders as the client doesn't want to sign or involve any leagel contracts.</div>

I got 221g blue sheet again on June 14th(the same old blue sheet) from the consulate. This time they marked on it that they need contract between vendor and client. i.e. Purchase Order was not enough.</div>

I requested the same to my vendor and client. They created a new contract between them and gave it to me. I resubmitted all the docs again on June 24th.</div>

I am still waiting for a decision from them. Every time when I call the consulate they are saying that my case is still under review.</div>

I came here for my wedding and I have all my belongings like my apartment, relatively new car and furnitures etc are there. I am still paying my rent, car insurance and cell phone bill.. </div>

I never expect this much of trouble because I was genuinely working there and i can produce any documents.</div>

[JoeF]

With the Neufeld Memo, EVC is a very risky model. That's known.

There has to be control over the employee's work by the employer, and that's not really possible with vendors between employer and client.

The Neufeld memo has been legally challenged, but that got rejected. So, the Neufeld memo stands.

[gogokool]

Thanks for your responses.

Shouldn't the Neufeld Memo be considered during I797 approval. Isn't the current ongoing scenarios extracting Fees. If the riskier EVC model addressed by USCIS. how can the consulates make money and provide employment.

I believe there are political implications to reject right away and they want to make sure "legally challenged" canThs

[dream16]

Mr Gokul, this is United States of America, They decide, we Obey: Only thing that can change all this to be less selfish and do something for INDIA, sadly nobody gives a damn about it and everybody is after the Dollar Dream, nice german cars, sweet houses, desi wife. [so end of d story: indians will continue to suffer, even in consultancy every other day, rates are going down as people [indian] are ready to work for the cheapest price [$/hr as low as 13] for a 40hr/week technical position.

[keldhose]

I came to India in May for my wedding and I had to stamp my H1B extension. I had my Visa Visa Interview on May 17th at Chennai Consulate and the VO gave me 221(g) Blue from to drop the contract between my vendor and client in the VFS drop box. I dropped the requested docs in VFS on June and wating since then. I used to call the consulate every week and getting the same reply as my case is still under review. My client was also waiting for me since then.

My wife went back to USA as she is a Phd student. So now after waiting so long I am planning to go for F2 Stamping as my employer suggested me that if I reach there on F2 He can file a Change of status and amend the I94 and I can start working.

I would like to know your suggestions? please let me know your thoughts...

I got my F2 Visa approved today.

[JoeF]

Thanks for your responses.

Shouldn't the Neufeld Memo be considered during I797 approval.

It generally is, although examiners have some discretion.

The Neufeld memo is widely known, so gambling that it won't affect stamping is not a very smart move...

[JoeF]

even in consultancy every other day, rates are going down as people [indian] are ready to work for the cheapest price [$/hr as low as 13] for a 40hr/week technical position.

People on H1 have to get paid the prevailing wage, even on bench without a project. Anything else is illegal, and only makes the H1 harder to get. The Neufeld memo is a direct consequence of shady consultant companies and the people signing up with them breaking the laws.

So, blame the H1 abusers, the shady consultants and the people who sign up with them.

[221g_processing]

@keldhose

Whom did you ask about your previous H1 withdrawl?Which counsulate you went for F2 stamping?

[keldhose]

@keldhose

Whom did you ask about your previous H1 withdrawl?Which counsulate you went for F2 stamping?

I want to Chennai Consulate. But the VO didn't ask me to withdraw my previous H1.

[dream16]

So is the future an F2 for all the rejected h1b's ?

[JoeF]

So is the future an F2 for all the rejected h1b's ?

Only if your spouse is studying on F1. And of course, on F2 you can not work.

If you try to abuse the F2 to enter and then immediately file a COS to H1, that will get denied, due to immigration fraud (entering in one status with the intent to immediately change to another status is lying about your intent, and that makes it immigration fraud.)

[keldhose]

Hi JoeF,

In the Visa Interview I explained to the VO that I was working in the US. Came for wedding and got stuck here on 221g. She didn't ask me to revoke it and approved the F2.

I got my passport stamped with F2 Visa Today.

What will be the status of my previous H1B since I didn't revoke it? Will the consulate still continue reviewing it?

As you mentioned that it is an immigration fraud if I change my status immediately, what will be the decent time period that I can legally change my intent?

[JoeF]

As you mentioned that it is an immigration fraud if I change my status immediately, what will be the decent time period that I can legally change my intent?

There is a court decision, Seihoon v. Levy, which had to do with changing status shortly after entering. According to that decision, applying for a COS 90 days after entering is considered ok.

[AxialTilt]

@gogokool, the problem started cooking up 3 years back when the H1 quota was getting full beyond 65000. What happens when supply of people exceeds the demand of jobs? That is what happened finally. If consulates did not do this, their country would soon be an over-populated like ours.

Only solution for this: population control. The world will have 7 billion people by Oct 31!