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  • 221g for H4 visa at New Delhi Consulate

    My wife appeared for H4 visa on March 18th 2011 while I am in US on H1B at New Delhi consulate.
    I work as materials engineer in mid scale firm here.

    She was given pink slip and asked to submit documents while they keep her passport.
    What is the next step after documents submission?
    Will they call her for another interview?
    Normally how much time they take to process?

    I appreciate your help.

  • #2
    Re: 221g for H4 visa at New Delhi Consulate

    It all depends on why they issued the 221(g) letter. Since we don't know what they want to see, it's impossible to know how long it is going to take.
    Ron

    James Ronald Gotcher
    Global Immigration Partners
    4505 Las Virgenes Road, Suite 107
    Calabasas, CA 91302

    818-914-6482
    Inquiries@GotcherLaw.com

    Comment


    • #3
      Re: 221g for H4 visa at New Delhi Consulate

      Hi. I too have a similar situation . I received green slip (221g) on jan 11th 2011 for h4 renewal.I was in U.S Before from 3.5 years. I am waiting since then. Infact Embassy called my husband's off to verify and later after some time I was given a call to verify ..Still after so long and verification complete I have no idea where am I standing. I wud really appreciate if you can hep me to know how much it takes more after verification, would help me. I am facing so much of trouble as my kid is missing his school and my hubby is all alone there from 4 months

      Comment


      • #4
        Re: 221g for H4 visa at New Delhi Consulate

        I really wish I knew. Something very odd is going on at the posts in India. The Department of State's Foreign Affairs Manual instructs visa officers as follows:

        9 FAM 41.53 N2.2 Approved Petition Is Prima Facie Evidence of Entitlement to H Classification

        (CT: VISA-1539; 09-24-2010)

        a. An approved Form I-129, Petition for a Nonimmigrant Worker, or evidence that the H petition has been approved (an acceptable Form I-797, Notice of Action (see 9 FAM 41.53 N8.1 below), or telegraphic e-mail, or telephonic notification from Department of Homeland Security (DHS) or the Department is, in itself, to be considered by you as prima facie evidence that the requirements for H classification which are examined in the petition process have been met. You do not have the authority to question the approval of H petitions without specific evidence, unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status. The large majority of approved H petitions are valid, and involve bona fide establishments, relationships, and individual qualifications that conform to the DHS regulations in effect at the time the H petition was filed.

        b. On the other hand, the approval of a petition by DHS does not relieve the alien of the burden of establishing visa eligibility in the course of which

        questions may arise as to his or her eligibility to H classification. If information develops during the visa interview (e.g., evidence which was not available to DHS) that gives you reason to believe that the beneficiary may not be entitled to status, you may request any additional evidence which bears a reasonable relationship to this issue. Disagreement with DHS interpretation of the law or the facts, however, is not sufficient reason to ask DHS to reconsider its approval of the petition.

        c. The Department of Homeland Security (DHS) may deny or revoke an approved H-2A or H-2B petition if it is discovered that the petitioner collected or entered into an agreement to collect a fee from the beneficiary as a condition of the beneficiary obtaining employment or if the petitioner knows or reasonably should have known that the beneficiary has paid or agreed to pay any facilitator, recruiter, or similar employment service as a condition or requirement of obtaining employment. Prohibited fees do not include the lower of the fair market value of, or actual costs for, transportation to the United States (if permitted by applicable laws) or the payment of any government- specified fees such as fees required by a foreign government for the issuance of a passport and the visa issuance fees. If you suspect that the alien-beneficiary has paid a prohibited fee and he or she has not been reimbursed or the agreement to pay the fee has not been terminated, you should return the petition to DHS for reconsideration following current procedures outlined below in 9 FAM 41.53 N2.3 after consulting with your liaison in the Advisory Opinions Division of the Visa Office (CA/VO/L/A).



        9 FAM 41.53 N2.3 Referring Approved H Petition to Department of Homeland Security (DHS) for Reconsideration

        (CT: VISA-1539; 09-24-2010)

        You should consider all approved H petitions in light of these Notes, process those applications that appear to be legitimate, identify those applications which require local investigation, and identify those petitions that require referral to the approving U.S. Citizenship and Immigration Services (USCIS) office for reconsideration. Refer petitions to USCIS for reconsideration sparingly, to avoid inconveniencing bona fide petitioners and beneficiaries and causing duplication of effort by USCIS. You must have specific evidence of a requirement for automatic revocation, misrepresentation in the petition process, lack of qualification on the part of the beneficiary, or of other previously unknown facts, which might alter USCIS’s finding before requesting review of an approved Form I-129, Petition for a Nonimmigrant Worker. When seeking reconsideration, you must, under cover of Form DS-3099, NIV Petition Revocation Request Cover Sheet-Kentucky Consular Center, forward the petition, all pertinent documentation, and a written memorandum of the evidence supporting the request for reconsideration to the Kentucky Consular Center (KCC), which will then forward the request to the approving USCIS office. KCC will scan the request and all supporting documents into PIMS, will maintain a copy of the request and all supporting documentation, and will track all consular revocation requests. You are no longer required to maintain a copy of all documents, although scanning the revocation request and supporting documents into the case file is recommended.
        Ron

        James Ronald Gotcher
        Global Immigration Partners
        4505 Las Virgenes Road, Suite 107
        Calabasas, CA 91302

        818-914-6482
        Inquiries@GotcherLaw.com

        Comment


        • #5
          Re: 221g for H4 visa at New Delhi Consulate

          Thanks for the information. But do u have any idea ..How long it may take..A s i keep reading the forums the longest wait is 1 year..Is that true?? Can't I get any help from anyone ??

          Comment


          • #6
            Re: 221g for H4 visa at New Delhi Consulate

            It all depends on the reason for the delay. This is sort of like asking a doctor "I'm sick, how long will it be before I get better?" If the problem is a Visa Mantis (tech transfer) issue, it could take a month and a half. If it is a concern about the validity of the employer, it could take anywhere between a week and six to eight months. If it is a personal issue (criminal conviction, questionable associates, etc.), it could take a year. It all depends on the specific reason for the delay.
            Ron

            James Ronald Gotcher
            Global Immigration Partners
            4505 Las Virgenes Road, Suite 107
            Calabasas, CA 91302

            818-914-6482
            Inquiries@GotcherLaw.com

            Comment


            • #7
              Re: 221g for H4 visa at New Delhi Consulate

              I had visa interview at Delhi consulate on June 2, 2011.
              After the visa interview, the visa officer said that my visa is approved and my passport will sent be to me by courier in few days.

              Till June 22, I did not receive my passport and I called US embassy Delhi.
              I was told that my case is under administrative processing and I need to submit some documents. (I don't know what documents I need to submit as did not receive any email or phone call regarding this). But when I have sent email to send me the list of documents that I need to submit. I received following reply:

              "We are in receipt of your below email, the same will be checked with the U.S Embassy. You will receive a reply once we get the information from the the U.S Embassy."

              I did not receive any coloured (pink/green/yelow) 221 (g) handout after the interview. So when I will come to know, what documents I need to submit, can I sent those without the handout?

              Please let me know, what should I do to get my passport back ASAP? I even don't know what is my case number.

              Comment


              • #8
                Re: 221g for H4 visa at New Delhi Consulate

                Go back to them and ask for clarification. They told you that it had been approved and they did not give you a denial letter.
                Ron

                James Ronald Gotcher
                Global Immigration Partners
                4505 Las Virgenes Road, Suite 107
                Calabasas, CA 91302

                818-914-6482
                Inquiries@GotcherLaw.com

                Comment


                • #9
                  Re: 221g for H4 visa at New Delhi Consulate

                  RON,

                  Thanks for your reply.
                  Actually I received an email from the consulate, that my case is pending under 221g and they asked me to submit some documents. I have submitted those documents at VFS centre on Tuesday. So just waiting for further updates.

                  Comment


                  • #10
                    Re: 221g for H4 visa at New Delhi Consulate

                    HI i am in the same boat, got 221g green slip from new delhi any idea how long the process goes.

                    Comment


                    • #11
                      Re: 221g for H4 visa at New Delhi Consulate

                      Guys - Please update the timeline when your spouses were issed the H4 visa . It would really help a person like me who is in the similar situation. Thanks

                      Originally posted by simi1981 View Post
                      HI i am in the same boat, got 221g green slip from new delhi any idea how long the process goes.

                      Comment

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