Urgent : 221g for existing H1B on Principle Applicant when go for daugthers H4 in Hyd embassy

[sr.100101]

Hello,

I came to India by taking 2 weeks of Vacation to take back my family to US. Today we (Wife, daughter and Me) went to US Consulate to attend for my daughter's H4 (My Wife already has Visa and she delivered a bay in India). straight, Vo started asking about me by saying that is your employer pay you on time. I said yes and asked abt less amount in 2011 w-2. i told him that i was on vacation to India. and Vo is trying to threaten me by saying that you are loyal to your employer i know and you will taken action if you provide any false information. I told him, i am fine for legal action if any false information and i told him that we can look into passport for arrival and departure details. In-fact i was India on my family issues.

They asked me to go to Room 2. Here few indian are there and started asking questions (very rude and misbehave) like one police does for a criminal. They revolved around the same question and tried to threaten. After 10 - 15 mins they asked me all the documents and asked me to sit in lobby.

I was called after 2 hrs and she asked me write a letter which says that what are employers and clients i hv bn working. After that i was given Yellow slip by asking provide

1. A copy of the petition with all supporting documents as filed with USICS + LCA

2. A copy of the employment contract or letter of agreement signed by you and petitioner( I think i have the offer letter which serve the purpose)

3.A copy of the contract between the US based petitioner and the client company (the job site where you will work) stating the timing terms and agreement for your project

4.A letter (on the letter head) from personnel department at u.s end client company (the job site where you will actually work), stating the timings, terms and agreement for project

5. detailed and specific desc of the project to which you will be assigned. Include complete technical desc of the project, employer, time line, current status, number of employers are assigned. work site location and marketing analysis for the project

They gave my daughter passport and photo graph's and kept my Passport and I 797 with them.

I am just wondering

that does any one faced this situations ?

Do they have right to kept my passport when i go for my Daughter's H4?

I am getting ready with documents. Can they revoke my existing H1B?

Is there any legal action can we compliant on their misbehavior??

I would say better to send your wife if you are in this situation.

Thanks,

Satya.

[wiweq]

Sad to know about the incident. Take it as random scrutiny. Some people have played with H1b laws so badly that every genuine person is getting problem these days. (Remember H1b lottery in 2006, 2007, 2008 during the days of economic slowdown). USA is still under slow down and they don't want anyone breaking (H1b) laws.

"Do they have right to kept my passport when i go for my Daughter's H4?"

=> No, they don't. Only the government of India (the issuing authority) has this right. You are free to ask them to get you back the passports, but it may be considered as withdrawing the visa application. Passport is generally taken to verify the records.

[mk2245]

Sad to hear that buddy!! Well, personally, I do think that chennai consulate is a lot better than Hyderabad. Having said that, its all luck and depends on the VOs mood on that particular day. Or else, why would they ask you so many questions when you go for your daughter's visa? Its ridiculous. And moreover, you could have used the Interview waiver program for your daughter, if she is under 7 years of age. She did not have to attend the interview, although they might call her again (if they think is necessary)for the interview along with her parents.

[wiweq]

"Or else, why would they ask you so many questions when you go for your daughter's visa? Its ridiculous."

=> It’s unfortunate but not ridiculous. The way some employers are still misusing H1b laws VO's behavior was obvious. We don't know what s/he saw on the screen and provoked him/her.

Whenever I search a job and any employer asks for H1b fees, I just call to ICE and report them. (You won’t believe how easy it is.)This is the only way to get our life better.

Report the bad employers.

[sr.100101]

I spoke with my employer and we are getting ready with all the documents they requested for and will be submitting to VFS very soon. Also my employer complained about to Senator about their harrasment in Consulate.

Yes, I did a blunder by going my self to attend the VISA for my daughter. I never thought that my daughter Visa causes these issue. Its my bad!!

Yes, I would definetly say that Chennai or any other would much better than Hyderabad. I am taking in terms of behaviour. There is no professionalism. Its unfortunate to see it in the US Embassy. I have not mentioned most of their harrasment in the post.

I would suggest every one that try to avoid the Hyd Consulate if possible.

Is there any possibility of revoking my existing Visa after i submit all the required documents. i am just wondering that they had given 221g before cancelling my Visa.They would try to figure out loop whole to cancel my VISA. Else they could have holded my daughters Passport.