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221g Given Due To Incorrect Ds160

Discussion in 'Nonimmigrant Visa Applications Generally' started by Mar2010er, Oct 21, 2015.

  1. Mar2010er

    Mar2010er New Member

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    Hi Ron, experts:

    I wanted to discuss my wife's case.
    My wife was working for a US consulting company on H1B, she went to India on 2013 for vacation, during visa stamping she was given 221g and later got a later refusal letter stating that the employer doesn't seem to provide employment by US laws and regulations, apparently, she was not paid during her maternal leave that had ticked the officer off.
    After getting 221g, she got H4 visa stamped as I have an H1B and travelled back to US.

    Now, she is a full-time employee of another US based company on H1B. She went to India last week for a vacation and faced H1B visa stamping. She was again given 221g. This time because of our oversight as we did not check "have you ever been refused a US Visa" check-box in DS160. When the Officer asked her during the interview about previous refusal, she told him what had happened.

    I understand it is her fault to miss that in DS160 and have to face all the dire consequences, but personally, she has been a law abiding person working hard every single day. Moreover, she is a mother of a US citizen kid who needs to join back school.

    Any insights on what would happen next? Please advice on if there could be anthing that could be done, besides waiting for 221g.

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