221G rejection

[viveksahay]

Hi,

My H1B was filed by company A. The visa was valid till Sept 2012 and the petition was valid till 2015. I travelled to US on my Visa, got my SSN, worked there for a year and returned back to my country. After coming back to my country I switched my job. Later the visa also expired.

After the expiry of my visa, another company B approached me with a job offer, filed a new H1 for me (which ofcourse didn't have to go through the season's cap). The petition got approved as well. When I went for the visa interview, the visa officer expressed her doubts on the credentials of the company B's project for which my visa was filed. They told me that I will be re-interviewed by another visa officer in detail and that my visa approval is highly unlikely.

Shortly after my first interview (on the same day) I was interviewed by another visa officer. This visa officer asked me many questions specifically about the project for which I was suppose to be hired. I answered confidently and honestly. They told that they would get back to me. They handed my passport back to me along with a 221G form.

After two months or so I got a call from the US consulate where I was interviewed but I missed the call. I tried calling them back but it went to an automated helpdesk. The helpdesk couldn't tell me who had tried to reach me and for what reason. I also kept checking the status of 221G reference number on their website from time to time. After about one more month I got a mail from US Trave Docs that they have send my documents and passport (which was already with me) to the collection center. I went to the collection center to pick the document and to my dismay they rejected my application saying that "We are unable to issue you a visa under section 221G. Section 221G prohibits the issuance of visa to anyone who has failed to present the documents required in connection with the visa application. Action in your case has been suspended under 221G of the US immigration and nationality act pending further administrative processing. The petition is being returned to USCIS for review. Upon completion of the review, USCIS will contact your petitioner."

It further says that my case is administratively closed and that the petition should be returned to USCIS with the recommendation that it be revoked. Company B told me that once their office receives the notice of intent to revoke from USCIS they will file for supporting documents and will rebut the counselor findings regarding this case.

I have a few questions regarding this

a) What are the chances that I will get my visa when company B rebuts the counselor findings (assuming that the company B is able to provide all the necessary documentation) or is this entire process just an eyewash and a futile exercise ?

b) If USCIS agrees to company's B rebuttals how much time will it take for me to get the visa ?

c) Just in case, my petition is revoked and the case is permanently closed will I EVER be able to file for a new H1B visa from any other company or say a student visa in case I plan to go for higher studies ?

Appreciate if you could help me understand my case.

[Attorney_10]

Generally, it may take several months for the H1B petition to be returned to USCIS and for USCIS to review the case and either reaffirm the prior approval or issue a Notice of Intent to Revoke (NOIR). Even if the petition is reaffirmed, the beneficiary is usually required to be re-interviewed at a U.S. consulate abroad and the consular officer could still deny the visa for a new or different issue. Generally, the petitioner is not precluded from filing a new H1B petition on behalf of the same beneficiary at any time. The petitioner does not have to wait to respond to the NOIR. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and to determine the best strategy for moving forward.