2nd time lucky after 221g

[1989bailey]

Hi,

I would like to share my experience on H1B Visa Stamping with you.

Type of employment: EC

Employer: Desi with less than 50 employees. Preferred Vendor for my client.

Client: Fortune 500

- I went for Stamping to Kolkata Consulate on June 02' 2011.

- Very clean case with all supporting documents like current SOW / client letter and even employer's tax and employee records.

- The Visa Officer (female) seemed new in the job and also rude. I was handed over a 221g Pink. She was infact handing over 221g to almost everyone that day.

- Got a client verification done in USA by USCIS officers around June 24th.

- On July 25th I got a call from the same Visa officer stating that my Visa stamping has been refused. After following vigorously with kolkata consulate I got a refusal letter from Kolkata Consulate via email.

The letter stated: ""Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations." My original documents are sent over to Kentucky Consular Center (KCC) for petition revocation."

My employer and client were very supportive during these times and I started working from India. We had 2 options at that point

- either wait for USCIS to send a petition revocation letter to my employer and then challenge that revocation. This would have taken indefinite time as USCIS takes a minimum of 90days to act on Visa revocation.

- or file for a new H1B Visa

We decided to file a new H1B Visa in premium. My petition was filed on Septeber 8' 2011 and I got an approval on September 12. (YES, in less than 2 working days given that there was a weekend in between. This clearly explains the negative attitude of USCIS against non premium cases)

Went for stamping to Mumbai consulate on September 30. Very smooth 5 minutes interview. No supporting documents were asked. Visa approved.

Received the passport via mail in 3 days. Flying back to US on 15th October.

So here is what I would suggest from my experience:

- Avoid Kolkata Consulate

- Mumbai Consulate is best for EC/EVC model

- Successful stamping could be sheer luck and is also depended on good, clever or understanding your Visa Officer is.

- Don't loose heart with one rejection/221g. Keep fighting. US needs people like us and if your case is clean sooner or later you will get your due.

regards and all the best.

[kuku82]

your post is really inspiring..

so you applied for new H1b with the same employer even if your previous 221g was pending at USCIS...

Mu case is similar to yours. I have a few questions for you if you can answer.

my 221g was sent back to USCIS and now I am planning to apply for new H1B with the same employer.

Did you mention the previous 221g in your new H1B application?

what did you choose in the question " if you were ever refused any visa "

I will appreciate your response.

Thank you

[Diorsdune]

@1989 Bailey - Congratulations on getting the Visa.

In addition to the question kuku82 asked.. Have a couple more for you...

Please can you share what were the questions you were asked how did you respond to them (of course minus any names).

Would appreciate if you could share these details for both the interviews you attended.

Thanks in advance.

[1989bailey]

@kuku82 & Diorsdune

Sorry for the delayed response. I was occupied with my travel back to US.

- Did you mention the previous 221g in your new H1B application: Yes in one of the section in my I-129. Since my employer didn't receive any response from USCIS on my petition revocation. The lawyer mentioned: "we previpously file an H-B for XXX (EAC-XXXXXX), it is approved until 12/09/2011. XXX is in India awaiting issuance of his H1B Visa"

- What did you choose in the question " if you were ever refused any visa": There are 2 sections to it in DS160.

#1. Has your U.S. Visa ever been cancelled or revoked - NO

#2. Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry? - YES. explanation "visa stamping refused by Kolkata Consulate on July 26.

Please can you share what were the questions you were asked how did you respond to them: For my 1st interview I have posted details in this forum. Pls lok into them. Not many questions were asked for the 2nd time:

After initial greetings:

- Why do you want to go to US:

My company has a project going for so and so client.

- Have you ever been issued a Visa

Yes 2 times. But my last Visa stamping was refused by Kolkata Consulate in July 2011. The officer took a pause and dug into his computer.

- What are you job duties.

Detailed explanation and also told about my client who are Fortune500 company.

- Whats your name.

this was funny, and I could sense my Visa was approved

- To my wife: Whats your date of Birth

Congratulations your Visa is approved, you would receive your passport in 2-3 days.

[man_1975]

@1989bailey

Thanks for your detail reply.

DS-160 Could you please also let me know for your home address, did you mention India address or US address ?

DS-160, Intended to stay - which address you mentioned, your old home address?

[kuku82]

@1989baliley

Thank you so much for sharing your experience. I appreciate it.

Good luck with your job.

I will be applying for the new petition with the same employer soon and will post my experience.