H1B denied under section 214b after 16 months

[livingwater]

Hello Experts and Murthy attorneys,

I was handed out 221g blue slip during my h1b visa renewal at Mumbai consulate last year in Jan 2011.

My petition was sent back to USCIS for revocation. In August 2011 I was asked to submit my passport with 221g.

Consulate kept my original 221g and did not return it for copy of my records. Passport was received without stamp.

I asked for an explanation for the same from NIV . They stated that it was required to verify the information.

Q1. Why did they retain original 221g and not send it back to me?

On April 30,2012 I received an email from NIV unit stating that my visa was refused under section 214b .

I thought they may have sent it back to me by mistake. As per law and DOS guideline 214 b can not be invoked for visa refusal for H and L category as both are dual intent.

Since then I was sending emails to consulate for the explanation ,I also emailed to VFS but they are not responding.

Q2. How can consul officer deny H visa under section 214b ? It is against the law,

Q3. Why dont they give me an explanation for the same? DOS visa office is providing me misleading information every time i call them.

Q4. What should be done in this situation now?

Thanks in advance

[pontevecchio]

Get a new H1 sponsor.

[livingwater]

That is not the solution. I already got new H1B sponsor with direct employer . I appeared for visa in Spetmeber and that was also put under admin processing.

[pontevecchio]

Your petition has been sent back for possible revocation to USCIS. If the delay is because of employer credentials then this H1 petition will not be in all probability not be granted even were the USCIS to reaffirm it in an year or so which is the usual time frame. You can either find another H1 sponsor or wait and wait and wait.

[livingwater]

thanks though,but i dont agree with the logic of you stating about employer's credentials. Classic example is that another employee from my company got the visa without any question on the second day of my interview while i was not issued visa saying that employer is not following laws. This is all **** . That is what i have learnt. It depends on consul officers mood as to give visa or not. My employer hired an attorney to provide all financial and other relevant documents to explain the situation. So you can understand why they issue VISA to other employee and not to me