| Author | Message | ||
     Politricks Side Hero Username: Politricks Post Number: 9737 Registered: 03-2008 Posted From: 198.204.133.208 Rating: N/A |
Jodhaa selli Aa ammay maa team lo sesedi monna DEC 10th varaku....aa tarvatha team cleanup sesi nannu okkadni uncharu! Chalaki pilla and works good! Anduke pogidaanu! | ||
| Rekkadithe_gani_dokkadadhu Side Hero Username: Rekkadithe_gani_dokkadadhu Post Number: 3307 Registered: 01-2010 Posted From: 64.71.92.127 Rating: N/A |
mundhu mundhu ivi kuda pedtharemo...oka developer ni akkada kurcho betti code rayamante...nalanti vallu USA ki outsource seyyali ani answer isthar...  kikiIt is easy to float along with a smile when life is as sweet as a song, but a man worthwhile is one with a smile when everything goes dead wrong" - S.N. Goenka | ||
| Jodhaa Hero Username: Jodhaa Post Number: 16292 Registered: 02-2008 Posted From: 184.37.80.231 Rating: N/A |
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| Politricks Side Hero Username: Politricks Post Number: 9734 Registered: 03-2008 Posted From: 198.204.133.208 Rating: N/A |
Trueleader "evala morning Nikhila ki chennai consulate lo stamping approve ayinadhi." Excellant News! Pilla baaga work chesthadi and Ammay return ravatam America ki avasaram! CONGRATS cheppu naa tarapuna!! | ||
| Idle_yzag Megastar Username: Idle_yzag Post Number: 28735 Registered: 02-2008 Posted From: 14.96.14.177 Rating: N/A |
last week vella 3 cochens How long you hv been working in this company salary entha show ur paystubs no other docs RahulGandhi/JP/Chiru | ||
| Ruj Side Hero Username: Ruj Post Number: 3139 Registered: 03-2007 Posted From: 166.137.140.45 Rating: N/A |
Is this just for consulting or even full time vakkapodi mama? Congress, the worst thing ever to happen to Bharat | ||
| Basky_indya Megastar Username: Basky_indya Post Number: 21924 Registered: 10-2007 Posted From: 72.181.54.77 Rating: N/A |
Okasari I got 4 Times 221g. They didnt cancel either, but kept on issuing everytime. sukkal soopincharu anuko. anyway I wont go into detail. rendosari , just 2 questions, location + salary anthey. So, anything may happpen.. expect the unexpected, unexcept the excepted.. kRUshITHO nAsthee dURbhikSHAM | ||
| Trueleader Moderator Username: Trueleader Post Number: 3253 Registered: 09-2009 Rating: N/A |
venu mama, evala morning Nikhila ki chennai consulate lo stamping approve ayinadhi. | ||
| Dlm Hero Username: Dlm Post Number: 12844 Registered: 04-2008 Posted From: 98.180.211.163 Rating: N/A |
mav kontha mandiki easy gaa ipoddi.. but andariki kaadu... clean history and good company tho vunte...but 221g is very common if they dont want to approve your visa.. | ||
| Vakkapodi Comedian Username: Vakkapodi Post Number: 1190 Registered: 06-2008 Posted From: 124.125.106.240 Rating: N/A |
See the number of 221g threads http://murthyforum.atinfopop.com/4/OpenTopic?a=frm&s=1024039 761&f=4724019812 | ||
| Comedian Username: Google Post Number: 1659 Registered: 01-2008 Posted From: 166.137.142.224 Rating: N/A |
Endi inta darunanga undha?? Maa Frnd dec17th chennai ellad, Qs adigina visa ichhar back kuda vachhad. | ||
| Ruj Side Hero Username: Ruj Post Number: 3138 Registered: 03-2007 Posted From: 166.137.140.45 Rating: N/A |
Idhi kevalam consulting companieskaa.Leka andharikee adhe paristhithaa. Last year kooda dec-feb time ilage chesaru Congress, the worst thing ever to happen to Bharat | ||
| Kdnumber1 Side Hero Username: Kdnumber1 Post Number: 7070 Registered: 02-2009 Posted From: 216.1.5.66 Rating: N/A |
ma office lo oka patel Nov end lo elladu bombay H1 stamping ki....inta daka ledu 221G sethilo ettaru....valla wife ki H1 stamping esaru...2 kids ikkada vunnaru...now he is planning to go for H4 stamping on his wifes H1.... vaadi katha vinte rakarakalu vundi.... | ||
| Jodhaa Hero Username: Jodhaa Post Number: 16286 Registered: 02-2008 Posted From: 184.37.80.231 Rating: N/A |
forget about H1's, H4's ki kooda isthunnadu ee form.. | ||
| Film_fan Hero Username: Film_fan Post Number: 16119 Registered: 03-2008 Posted From: 81.138.131.153 Rating: N/A |
Some one said s immigration comes under human rights voilation --- trespassing comes under border/homeland security ala aithey.... We are what we repeatedly do. Excellence, then, is not an act, but a habit. -- Aristotle | ||
| Newguy123 Hero Username: Newguy123 Post Number: 12072 Registered: 01-2009 Posted From: 68.197.23.145 Rating: N/A |
adi ela? stamping ayyi vachaka airports lo kuda kontha grill chestannar.. | ||
| Katthi Side Hero Username: Katthi Post Number: 2384 Registered: 07-2010 Posted From: 24.62.119.239 Rating: N/A |
Some one said s immigration comes under human rights voilation Papi gadu post este katthi la digali | ||
| Politricks Side Hero Username: Politricks Post Number: 9733 Registered: 03-2008 Posted From: 76.120.241.164 Rating: N/A |
Mav Ye zamana sangathi chepthunnavo telidu but the latest trend is reason lekunda kuda 221g ivvatam and Administrative Processing anatam! H4 la ki ivvatam mari daarunam....but yem chestham kandistham! | ||
| Ntr_fan Megastar Username: Ntr_fan Post Number: 26058 Registered: 02-2008 Posted From: 24.126.162.109 Rating: N/A |
chennai consulate ki bil vellaru in dec h1 extension stamping ki, no q asked..immediate ga icharu... | ||
| Vakkapodi Comedian Username: Vakkapodi Post Number: 1189 Registered: 06-2008 Posted From: 124.125.106.240 Rating: N/A |
U obviously aren't aware of the current situation...even if u have all the docs..it's of no use. They don't ask for anything and straightaway issue the 221g.. Murthy wouldn't post it just like that. Just visit Visa Stamping in murthy forums. | ||
| Maverick Megastar Username: Maverick Post Number: 24002 Registered: 01-2008 Posted From: 123.201.77.188 Rating: N/A |
docs anni unte 221g ivvatledu. ela padite ala preparation lekunda velte padatai 221gs and employer bad reputation unna kooda. nenu choosina 221g cases aite ghoram..with out lca..with out i-129 oopukunto 797 okkate pattukelli visa ivvamante emi istaru..221g estaru..they come out and crib very strict rules scrutinize bla bla and murthy flash news | ||
| Vakkapodi Comedian Username: Vakkapodi Post Number: 1188 Registered: 06-2008 Posted From: 122.169.219.34 Rating: N/A |
As an alternative, she plans to apply visitor visa for parents to attend graduation ceremony as it is easier to get the visa when she is on f1 than on h. | ||
| Vakkapodi Comedian Username: Vakkapodi Post Number: 1187 Registered: 06-2008 Posted From: 122.169.219.34 Rating: N/A |
Mama, monna oka case vine Guy and girl both working came to India to get married.. Pelli ayyaka, girl got stamped and the guy didn't. My cousin F1 student, who is here for holidays, is not planning to come back again for next 3 years knowing very well she may not get stamped. | ||
| Gandhiguevara Hero Username: Gandhiguevara Post Number: 13410 Registered: 10-2009 Posted From: 98.210.96.94 Rating: N/A |
deenemma jeevitham...chenna kesava reddy lo pelli ki pilchi...pakkaki teeskelli esese scene gurthochindhi | ||
| Gandhiguevara Hero Username: Gandhiguevara Post Number: 13407 Registered: 10-2009 Posted From: 98.210.96.94 Rating: N/A |
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| Gandhiguevara Hero Username: Gandhiguevara Post Number: 13406 Registered: 10-2009 Posted From: 98.210.96.94 Rating: N/A |
http://www.murthy.com/bulletin.html 1. H1B and H-4 Visa Applications in India Plagued by 221(g) Refusals: Part 1 Historically, the U.S. consulates in India have had a reputation for closely scrutinizing visa applications. The standards at the consulates for H1B visas were quite strict, even prior to the U.S. Citizenship and Immigration Services' (USCIS's) implementation of stricter adjudications policies. Recently, however, the consular rates of reported issuance of 221(g) visa refusals and denials have reached a critical level. At the present time, it would be wise for H1B workers employed by IT consulting companies, as well as their H-4 spouses, that they limit international travel unless it is absolutely necessary. Those working for employers in other sectors also face risks that should be carefully considered before traveling internationally and applying for visa stamps abroad. 221(g) Ineligibility The Immigration and Nationality Act (INA) Section 221(g) is a fairly generic provision, which states that consular officers cannot issue visas to applicants who are ineligible to receive the visas under any section of law, or if the visa applications do not comply with immigration laws and regulations. Put simply, 221(g) is a catchall provision for refusing a visa if, in the opinion of the consular officer, the applicant has not proven eligibility for visa issuance. The 221(g) is classified as a visa "refusal" and must be revealed as such in any later visa applications. This was addressed in our news article, 221(g) Visa Stamp is Considered a Visa Refusal (18.Dec.2009), available on MurthyDotCom. For many applicants, the 221(g) notification (issued on various colors of paper) is not the end of the road. It is not uncommon for 221(g) visa refusals to be used by the consulates as a way of issuing requests for evidence (RFEs). They contain preprinted lists of documents, and consular officers check off the boxes corresponding to the additional documents needed to make their final decisions. Some 221(g) notices are for administrative processing. These do not require additional documents from the applicant. They involve internal background checks on the applicant and/or the petitioning employer, if applicable. Cases Receiving 221(g)s The 221(g) can be issued in any type of visa application. We are receiving daily inquiries and requests for assistance from individuals and their employers after problems arise in their visa applications. The cases coming into the Murthy Law Firm and Murthy Immigration Services, Pvt. Ltd. (MISPL) in Chennai, India, most commonly involve IT consulting company employees applying for H1B visas. However, we are also receiving inquiries from individuals in other lines of work who have received the same treatment. While these types of cases represent a smaller proportion of those experiencing problems, it has become a common occurrence. Why Visa Applicants Receive 221(g) Refusals The 221(g) provisions have been used for many years to request additional documentation, or to put the application on "hold," pending additional background and security checks. What is occurring at the present time, however, is the seemingly universal use of a laundry list 221(g) in many H1B cases, without regard to the content of the H1B petition itself or documents and information offered at the interview. In many situations, documents are offered, but apparently not reviewed at the interview. Rather, a 221(g) is handed over routinely, without consideration for the substance of the submitted visa application. This is largely connected to the January 8, 2010 USCIS memorandum on employer-employee relationships, covered in our news article, Analysis: H1B Memo on Employer-Employee Relationships and 3rd-Party Placements (05.Feb.2010). Many H1B visa denials are issued based on a finding that there is no bona fide employer-employee relationship. This is also connected to the overall focus on fraud in the immigration process. There may be warnings or flags in the system, alerting the consulate to fraud or suspected fraud by the H1B-petitioning employer. H-4 Spouses - Disconcerting Development & Prior Trends Cause for some concern, is that H-4 spouses are receiving 221(g) refusals and requests for elaborate H1B employer documents. This is a fairly recent development, as H-4 visa applications were fairly routine until lately. Until very recently, an H-4 spouse applying for a visa was expected to demonstrate a few basic points of eligibility. S/he had to prove marriage to the individual with the associated H1B petition approval. This was done by showing the marriage certificate and related documents, and the H1B petition and status approval notice of the spouse. The H-4 visa applicant had to demonstrate that his/her H1B spouse was maintaining H1B status. This was done by providing a current letter from the H1B employer, verifying employment, and the spouse's current paystubs. In some instances, the consulates wanted verification that the H1B spouse had a good history of maintaining valid status, an indication that the H-4 spouse would also be likely to maintain status if permitted entry to United States. This typically involved review of the H1B beneficiary's prior immigration approvals and pay history. The pay history was also relevant to establishing that the H1B principal could financially support the H-4 derivative spouse. Current H-4 Spouse Visa Applications at Consulates in India At this time, we at the Murthy Law Firm and MISPL are seeing instances of H-4 spouses in India being required to provide detailed documents regarding the H1B position, as well as the H1B employer's operations. We are receiving calls from distraught H1B workers, separated from their spouses, as well as calls from employers asking why they must provide tax documentation and employee records to the spouses of their workers. The source of this problem for H-4s is that consulates are issuing 221(g) notices requesting the list of documents that would be called for if the H1B spouse was applying for a visa. Types of Documents Typically Requested in a 221(g) There are standardized lists utilized by the U.S. consulates in India for H1B and, lately, H-4 applicants. In addition to requesting a copy of the complete H1B petition, including all supporting documentation filed with the USCIS in support of the petition, the 221(g) typically requests the following documents from the employer: the employment contract / letter of agreement between the H1B employee and the H1B employer the petitioning employer's last two income tax returns and financial statements a notarized list of all the petitioning employer's employees (This list must include names, job titles, start and end dates of employment, salaries and immigration statuses. This request is sometimes limited to employees at the particular jobsite, but is often more expansive.) the employer's state unemployment wage reports, for the past three quarters a letter from the end client, verifying the position and vacancy a letter from the end client and a copy of the contract between the petitioning employer and the end client, setting forth the timing and terms for the project If the position is for work on an internal development project, the 221(g) requires a detailed and specific description of the internal development project. This must include a complete technical description and timeline, the individual's current status, the number of employees assigned, the worksite location, and a marketing analysis for the final product. After 221(g) Administrative Processing Issuance If the 221(g) does not request documents, the case is under administrative processing. These cases can take many months, with very little information forthcoming regarding timeframes. In cases for individuals who have documents requested, these documents typically are gathered and submitted according to the instructions. The waiting time can vary, from a few weeks to a few months. In some instances, the visas are approved following document submission. In many others, however, the visas are denied. If one's visa is denied, the consulate sends the H1B petition back to the USCIS for reconsideration and possible revocation. The USCIS is supposed to review these cases and either reaffirm the approval or issue a notice of intent to deny (NOID). This is a separate issue, beyond the scope of this article, which has been discussed in past news articles available on MurthyDotCom. H-4 Gets a 221(g) for H1B Documents As stated, H-4 spouses are not immune to the list of documents the 221(g) requests. We at the Murthy Law Firm are aware of instances in which H-4s have received 221(g) requests for the same types of documents requested for H1B visa applications. This includes employer documents, such as tax returns, state unemployment filings, information about the employer's other workers, and end-client letters. We have seen H-4 221(g) requests pre-printed with requests for an end-client letter, verifying the H1B spouse's position. End-client letters are not always possible to obtain, due to the internal policies of many large U.S. companies that use the services of IT consultants. Absent a complete response to the 221(g), the visa is likely to be denied. Conclusion The frequent issuance of a 221(g) refusal of the visa without a substantive review of the application is obviously problematic. Part two of this news article will address the legal issues involved, and efforts to address problems. For now, however, it is important for MurthyDotCom and MurthyBulletin readers to be aware of this growing problem and alarming trend. Accordingly, any H1B or H-4 visa applicant must consider the risks before making travel plans. If international travel is imperative, it is necessary to ensure that one's employer will supply the requested documents and keep the position open, if there are delays and denials. There are avenues to address abuses of authority within the system, but it is necessary for employers and individual applicants to be willing to pursue these methods when problems arise. The Murthy Law Firm is available guide and assist those who are facing denial or potential denial of visas at U.S. consulates due to these matters. |
