H1B sent back to USCIS, Second time 221G White

[ashukla]

Hi all,

Probably this is the most weird situation in which I am, I was working on a EVC model earlier, attended my visa interview at New Delhi Consulate on November 14 2011, my case was sent back to USCIS for review till date no update.

I informed my employer about the same, in the mean time vendor from the same project approached me, they filed a new H1B petion in premium processing and I recived the approval on Dec 20 2011.

Again I faced the visa interview at Mumbai Consulate (As my place of residence fall in their teritory) on Jan 12 2012, they issued a white 221G requesting the agreement copy between petitioner and end-client, some other question about the supervison at client site.

Following are the interview question asked in my second interview:-

1. what does your employer do.?
   
2. who is the client?
   
3. who assigns you day to day activity?
   
4. which division you work for?
   
5. what is the name of your supervisor, spell it for me?
   
6. do you have any documents mentioning your employment?
   
7. Is your manager on site?
   
8. how ofently she visits?
   
9. how long she stays at client site?
   
10. who is the manager from client?
    
11. when do you interact with her?
    
12. did your employer provide any tool or any device to perform duty?
    
13. do you use that laptop at client site?
    
14. if any situation arise at the client site then to whom you inform?
    
15. who has the right to hire fire and pay you?
    
16. to whom client will report your evaluation?
    
17. do you have any benefits?
    
18. who is the health insurance carrier?
    
19. how many employees working on this project from your company?
    
20. do you have a copy of the agreement between client and employer?
    

there are some more but I do not remember them as of now, This interview last for 25 minutes, and there were two people who interviewd me, initially there was a lady and she was about to issue the visa but all of sudden (unfortunately) man came into the picture and tried to disguise me on my previous answers, but it didnt happened. They asked me to sign a document which has all my answeres I gave during the interview and then issued a White 221G.

Does anyone has same situation or be a part of any of these circumstances, becuase I never heared that they asked you to sign the document which has your answer.

Please reply ! thanks

[rohit666]

Yes, you have to sign and it is a memo which will be reviewed by USCIS mostly. I think the case would likey be sent back to USCIS as the same thing happen to me during my 1st visa interview ..

well thats pretty unlucky man....u r about to get visa and things turned around...

why did they reject you during your 1st visa interview? wat it the same questions and same reason?

It totally depends on how you answer the questions when they reject 1st time i guess....

[ashukla]

@rohit666 - first time it was a EVC model and probably the VO was not convinced on EER part, so he straigthly said that he is sending my case back to USCIS, but this time they didnt said any thing like that and requested some documents and answers on some question from employer, mean while my client has also provided a letter regarding the same. So I am pretty sure that this is not something likely to happen because they can only recommend to USCIS for the review but once they do so, then do not entertain any further business with the same petition till any response from the USCIS.

I do not remember the questions of first time, but second time it was completely different, new employment and I feel that no matter what if you have appeared for H1b then you must get a 221g

Please share your inputs on this because if this process is suppose to go through USCIS then better I should think of something else :) I know how long it will take.

[rohit666]

Please check with vfs center on that.....call them , mail them and then they would tell you the truth else they keep pending.

yes this is very unlikey coz this is 2nd time and as it is straight EC model they shouldnt have digged in so much. But anyway they just asked for documents right. so hope you will get cleared soon and dont worry.... Good luck

How about your job ? are you still working remote and have support from client?

[harsh12345]

ashukla -My case is same as you-Same questions were asked to me at Mumbai Consulate on 13 Jan 2012

Can you call me on ******************* so we can discuss about possible solutions?

Harsh

[ashukla]

Harsh1234 you can reach me abhiyansh dot shukla at the rate of gm dot com

[ashukla]

@harsh12345 - abhiyansh dot shukla at the rate of gm

@rohit666- I still have that job client is also supporting in all manner in which he can. what was your model for this first time rejection ?

is it EVC or EC

[ashukla]

@harsh12345- you can find my contact details in my profile, just send me an email across with your contact info.

@rohit666- what was your working model when your visa was rejected first time ? is it EVC or EC............. curently I do have that job and client is supporting in all manner in which he can.

I called the VFS and got a very generic answer that my case is admin processing further than that they can not tell any exact status.............. these guys are just like a post box they doesnt know any thing abut the procedure or timeline.............moreover there is no thumb rule even for consulate............so i believe its a game of wait n watch.

[ashukla]

@harsh1235- your info is displayed here, you may reach me at abhiyansh.shukla at gm. forward your contact detail there

[ashukla]

does any one has any idea, how long it will take to clear this 221g, they simply asked the copy of agreement between petitioner and end client, and response from the employer over some questionere.

Docs were submitted on 30 Jan.

Please share if you have any opinion.

Thanks

[dumbri]

No one can know 221g process time. It depends on case to case. I was wating since oct 2011.

thanks

[Chitown01]

Anywhere between 2 weeks to couple of months...depends on case to case basis

[VisaBlues]

Hi All please find the details of my case below with 221g Blue Admin Processing at chennai counsulate 2nd time.My I-797 ,I-129 LCA and passport are with me,Please advice.

http://forum.murthy.com/index.php?/topic/34170-221gblue-chennai-evc-ec-model/page__fromsearch__1

[ashukla]

After a long wait of an year, USCIS has contacted my employer and asked a fresh client letter stating that this job still exists!!!!...... not sure what will happen, employer has checked with the client and they are saying that once all immigration process is done they are willing to hire me again but as of now they are not able to provide any documents and cannot make any committments in written as no one know how long this immigration process will take and what will be the situation on client site.

Truly USCIS and DOS are joking around on the name of process or if this is a real process then no need to say what it means..................

[rahul412]

Truly USCIS and DOS are joking around on the name of process or if this is a real process then no need to say what it means..................

This is the trick played by USCIS. And we can't do anything here.

[Attorney_25]

Unfortunately when a few people commit fraud, it hurts a lot of other people who have not committed fraud but are suspected of doing so because they fit a certain "profile." It's not surprising that some inadvertently hurt may become angry. The efforts of USCIS and DOS are not sufficiently refined to distinguish completely between the good petitions and the bad, fraud-marred, petitions. Perhaps someone will come up with a better system someday.