H1 221 g-Appearing for H4 visa interview


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Here is my case details.

I appeared for my H1 interview in Hyderabad on May 4 2011(EVVC model)and visa was refused under 221 g yellow. Submitted the documents and again received a refusal sheet through courier(Blue dart) Visa refusal sheet on July 22nd.

Here is the content in refusal sheet .

"We are unable to issue a visa as you have been found ineligible for a visa under following sections

"221 g Refused for not showing employee employer relationship.Employer has no managerial control on how ,where when the beneficiary performs the job"

9FAM 42.43 N2.2(3)

"Evidence that USCIS did not have available at the time of adjudication and that such evidence if available would have the petition being denied.These facts establish that petition is invalid.(While I referred to this section in Google ,it indicates sham marriages ..I dont know how it is related to my H1 application)

9FAM 41.53 N2-3

Also Reviewing officer decided that the petition should be returned to USCIS with recommendation that it will revoked.Once USCIS receives ,t will give an opportunity to petitioner to rebut consular findings.If USCIS revokes,visa will be denied.If USCIS reaffirms, petition will be returned back for further processing.Also the case is closed at the consulate.Next Action:Contact DHS

Could I appear for my h4 visa interview with just resignation letter or do my employer needs to withdraw the application? Is the case still considered pending? based on the content .What are the further steps to be followed before I appear for my h4 interview?I have it scheduled on August 16,2011.Please suggest.

Thank You.

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  • 2 weeks later...

I received 221g at Hyd mid July and by Aug 1st I received consulate email to USCIS to revoke the visa. Attended H4 interview as my wife is on H1 (EE)in chennai and got the visa with only some direct questions about 221g...and got the visa.

No need to proactively revoke the visa, you can say that your employer will pursue the revokation RFE if they wish to keep you on job other wise you are loosing the job, for now you have to say that you are no longer working and will not work after going there on H4.

I had a letter from my employer that my employment is suspended until I have an H1B stamping..which the VO reviewed and gave it back to me.

All the best..just have all the required h4 docs.

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