Sample 221(g) H1B visa Denial/Refusal letter from US Consulate India

221g-H1b-visa-denied-sample

by Kumar · 225 comments

Some of you might be curious to see how a H1B visa denial letter would look like, if H1B visa have been refused for an applicant. Below is a sample denial letter received from US consulate after the applicant submitted documents for given 221(g) query.
Check out the H1B visa 221(g) tracker for more info

Sample 221(g) H1B visa Denial Letter

H1B Visa 221(g) Denial -Refusal Sample US Consulate


Do you like the article ?
Like and Give Google +1 for this Article :

{ 225 comments… read them below or add one }

Browse Comments Pages Below

1 2

Mansi April 7, 2014 at 1:34 pm

Hi Saurabh,
I was in US on L1 and my fresh H1B approved in Nov-2013 and I had to come back to India in Aug-2013. They rejected my H1B stamping under 221g saying my petitioner could not justify my job and role in US. Can you please suggest if other work around I can go after this. Can I go with this approved petition with another employer or I can go only with this Employer.

Thanks
Mansi

Reply

mohd March 17, 2014 at 11:14 am

Hi sourabh,

I have couple of questions, could you please clarify this january 2104 i have attended h1b interview in hyderabad i got a white slip visa officer asked me to submit client letter, when i approached my employer he is saying now the client is not CIO has changed now they not ready to give client letter, in this case how would i go further.
one more question now my current emplyer xyz ready to process h1b visa if i go with this is there any problem with this or does my petition comes under lottory 2015 could you please clarify these things am very much tensed in a diloma to get info.

if you provide your answers asap that would very very much appreciated

Reply

karthik February 23, 2014 at 12:46 pm

Please Can anyone tell that what are the reasons h1 visa refusal?

Reply

James January 4, 2014 at 8:03 am

Hi Saurabh,

My COS petition of h4-h1b (2014) has been denied after RFE. Even after repeatedly asking the reason the consultants who filed for my h1b is not ready to share the reason for denial or the refusal letter copy with me.

Please advice
1)My current employer plans to file L1 visa for me.
Shouldnt I be knowing the reason for denial of previous petitions , to add in the details of petition in DS 160, and also for the Visa interview? (Now i’m back in India)

2) Should i continue to insist the consultants who filed my h1b earlier to share with me the reason for denial for my future reference? Or is it a normal case that the consultants dont let us know the reason for denial. I dont want to get into bad terms with them as they were cordial in initial interactions and never charged me for my petition.

Please guide.

Thanking you

Reply

Saurabh January 5, 2014 at 3:48 am

James,
When you say COS petition is denied, do you mean H-1 petition approved but COS denied, or H-1 petition + COS denied?

Reply

Fayaz October 22, 2013 at 6:34 pm

I have a question i am from Pakistan and reticently i went to karachi embassy for H1 but they took my all educational documents my petition and employer letter and they just said they going to call me back ……… when i check my status on website it shows administrative processing …………………. the attorney who filled the case inquire about my case and thats what they get in response

At your request, we reviewed ************* visa record and found that a consular officer refused his visa application under section 221(g) of the INA for administrative processing. Unfortunately, we are unable to provide you with any guidance as to how long this process may take. However, you may be assured that every effort will be made to reach a conclusion as soon as possible. Mr. ********will be notified when further action on his case is possible.

what next ? what best i can do in this case ?

Reply

manjunath August 5, 2013 at 10:47 am

Hi All ,

Can anyone please tell me the Process for applying H1B & expenses approx .
I want to file it individually not through the company minimum requirements
I do have got close to 4 yrs of experience in It industry .

Regards
Manjunath.

Reply

xx August 5, 2013 at 11:07 am

You need an American Company to sponsor you in order to apply for H1B, those expenses (legal fees) are paid by the company (lawyer fees can be paid by you or them).

Reply

alex June 25, 2013 at 8:32 pm

Hi,

I came to USA as a f1 student and after completing my master’s degree in computer science I did opt with one company. But since it was new company they couldn’t afford me for h1b. So I joined languagec school to study and maintain my statutes. But after 1. 5 years the same company agreed to hire me and sponsor me for h1b. Now I received approval for h1b but I can start my employment after October 1 st only. But I want to go back to my country before October 1 st and get h1b stamped in my passport. So my question is can US embassy deny me my visa to return back USA?? Or what kind of problem can I expect from them??? Also do I have to goto my country to get visa stamp or I can go to different country like Colombia as my girlfriend lives there and we have plan to marry and bring her to USA with me.

Please help me with my problem. Thanks in advance.

Reply

Saurabh June 26, 2013 at 1:06 am

Alex,
Yes, there is a possibility of visa denial during the interview. Chances of this happening varies from case to case. If your employer is a reputed one, and you have all the required documents then it should be fine.

You should go to home country, or can go to CA, MX if you have done Masters in US (which you have). Note that if you go to any other country, you still hold chance of visa denial or visa refusal. So make sure to have back-up plans.

Reply

alex June 26, 2013 at 4:50 pm

Thank you very much for your prompt reply. Can you please let me know what can be my back up plan? Also I have lots of things here like car electronics etc. What happens to them if they reject my visa? Also a lawyer who did my paper for h1 told me that he will prepare my documents to go back to my country and he told me that there is very low chance of visa denial. He told me they can deny me visa only if I did something wrong here like felony or something like that. So is he true??

Reply

Saurabh June 27, 2013 at 10:21 pm

Alex,
Visa rejections are related to one or more of the following:
- your profile -> You seem covered here as you have done Masters in US and have been maintaining legal status since then. They can also do background verification in certain scenarios like common muslim name, TAL etc.
- employer profile -> If its a big reputed employer, then it should be fine. You can check if other employees went for stamping recently, then get a feel from their experiences
- job profile -> If you are in consulting, then they can ask for client/project details and do background check. If you are in a product based company, then you are much safer here

As a back-up plan, you can give your apartment keys etc to a friend who can take care of it while you are out. If the visa is denied and it takes long, then you can either continue to wait in CA/MX or withdraw the case and re-appear in your home country. This helps in saving money as in CA/MX you may be waiting in a hotel while in home country, you can stay w/ family/friends.

Reply

alex June 28, 2013 at 4:31 pm

Thanks Saurabh,

I really appreciate your answers. They were great. Thanks again

Reply

Shal March 24, 2013 at 1:12 pm

Hi Saurabh,

I have received a 221g and then my client couldn’t wait anymore after 2 months and they released me from the project and since my contract ended, my visa was denied. Initially it was approved till April 2014 before i attended the stamping interview. Mt employer is looking for another project for me. Will i be able to file an amendment once i get a project or do i have to file under the new quota? Please advise.

Reply

Saurabh April 12, 2013 at 11:38 am

Shal,
Once they have the new client, they can file for new LCA followed by H-1 amendment. Once all this approved, you can appear for another stamping. The amendment is not subject to cap/quota.

Reply

Shal April 14, 2013 at 6:27 pm

Thanks Saurabh. Can I go to Canada or any other country for stamping or do i have to get it in India only.

Reply

Saurabh April 14, 2013 at 10:43 pm

Shal,
You haven’t received H-1 in the past, right? So you should always go to your home country unless you have done Masters in US. Was 221g issued in India?

Reply

Shal April 14, 2013 at 10:46 pm

Hi Saurabh
I was on my H1 when i came to India and received a 221g. It was my 1st time stamping which got denied as my contact with the client ended during the process.

Reply

Shal April 14, 2013 at 10:47 pm

and yes i did my masters in US

Reply

Saurabh April 17, 2013 at 6:45 pm

Shal,
Under normal scenario, you could have gone to CA. However, you already have 221g pending. Even if you withdraw your 221g case, and appear for stamping in CA, they may still issue 221g for same/similar reasons. Talk to your attorney about the risk involved.

Reply

Nora March 16, 2013 at 3:38 pm

Hi
I’m Iraqi women, my sister sent me an invitation to visit her in Chicago
I went to the interview at the American embassy in Baghdad , the refused to give me visa because I have Turkish resident for 1 year,
My question is When can I apply again ? Since I applied on feb
Some people say 3 months , some others 6 months , I’m really. Confused
I will be grateful if u could tell me when
Best regards

Reply

Saurabh March 17, 2013 at 10:49 am

Nora,
There is no minimum wait time. However, irrespective of when you appear for stamping again, I don’t think the underlying reason for rejection will change. You should appear for stamping only when you have addressed the concerns or rejection reasons raised in the original decision.

Reply

Keshi February 7, 2013 at 6:56 am

Hi,

I got 221g form recently and my employer not able to provide the documents that consulate requested for. I got a another company ready to do H1 transfer from india. The problem is my current employer have contract to server for certian period with me and i have pay some amount if i break the contract, please let me know if there will be any issue if i break the contract as my employer was not able to support with the document requested in 221g

Reply

Saurabh February 7, 2013 at 1:48 pm

Keshi,
You should get the contract reviewed by a labor attorney to know the consequences. It is employer’s will whether to support your H-1 stamping or not.

Reply

Suda February 1, 2013 at 2:05 pm

Hi

I got struck in India because of 221g issue on my h1 visa , is it possible to travel to US by applying h4 visa when my 221g is pending . If I travel with h4 visa what will happen to my h1 visa which is under process due to 221g issue. Please provide me some idea how to proceed I got separated from my family.

Reply

Saurabh February 1, 2013 at 3:49 pm

Suda,
If you already have H-4 visa stamped, then you can travel to US on that visa. Later you can file COS from H-4 to H-1 through an employer. Your H-1 under 221g will continue to be processed, but if this COS gets approved then you can start working for the employer on the basis of COS.

Reply

suda February 1, 2013 at 10:12 pm

Saurabh,

Thank you for your responce. I yet to apply for h4 visa please let me know if my current issue of 221g for h 1 visa will affect if i apply for h4 visa

Reply

Saurabh February 1, 2013 at 11:33 pm

Suda,
Two things can happen – either they will approve H-4, or they will put H-4 under 221g pending H-1′s 221g. I have seen instances of both happening, but it is worth the risk.

Reply

suda February 2, 2013 at 3:29 pm

Hi Saurabh,

Thank you for your responce. If i travel to US with h4 visa change my COS to
H1 do i have to travel back to india for stamping.

Reply

Saurabh February 4, 2013 at 1:55 am

Suda,
If COS gets approved, then you can start working on H-1 from COS approval date. There is no need to immediately go for stamping. However, next time you travel outside US, you will have to get H-1 visa stamped before returning to US.

Reply

Minal Joshi June 6, 2013 at 3:43 pm

Hi Suda,
Currently I am on the same situation as yours. Did you apply for H4 visa? Please please let me know how it went.

Reply

Susan January 28, 2013 at 6:16 am

Hi Saurabh ,

Thank you for your response. Intially i got 221(g) asking for bellow
1.Client document
2.PO contract between the vendors

I have submitted the documents and later a week they gave me a new 221(g) asking for project letter. But since it was getting delayed my client released me from the project. I got a internall project with employer and they are asking to submit the project letter of the new project for the 221(g) query requesting for the new project. Please let me know if this is sufficient for the 221(g) requested for project letter

Reply

Saurabh January 29, 2013 at 4:26 pm

Susan,
If this is the best you can do, then go for it. There is a possibility that they will reject the stamp or issue another 221g as the work arrangement has changed from client project to internal project. They may you to file H-1 amendment before proceeding w/ your 221g processing.

Reply

sudakaran January 25, 2013 at 1:12 pm

Hi ,

I appreciate your help. I got a 221(g) slip from from chennai consulate, we submitted the documents to the consulate and they gave me additional 221(G) for asking for some more document unfortunately i got released from the project and my employer is ready to submit documents with new project since i got released from the old project. Please let me know during the process of applying for the new project , do we have to submit the document for the new project for 221(g) or we have to fill a new h1b under cap exception.

Reply

Saurabh January 25, 2013 at 6:23 pm

Sudakaran,
They should file LCA for the new client/location. Once processed, they should file for H-1 amendment. Once approved, you can submit that H-1 amendment, new client documents and a letter explaining the situation to the consulate. H-1 amendment is exempted from the cap.

Reply

Apurva December 4, 2012 at 11:45 pm

Hi all,

My H1B visa (fresh application) was filed in Feb 2012 and I received RFE in July 2012. After submitting all possible documents, I got decision as Denial. I am yet to receive the notice. What could be the possible reasons for denial ? Does MTR help ??

Please reply. Thanks in advance.
Apurva.

Reply

Saurabh December 26, 2012 at 12:51 am

Apurva,
How was it applied in Feb 2012 when the quota was still not open?

Anyways, if your employer believes that denial was incorrect they can file for MTR, which can take several months to resolve. At times, it is much quicker to apply in next year’s cap.

Reply

kumar September 23, 2012 at 1:44 pm

I attended for h1 visa, they have returned my passport and has written “#g” in red colour at the last page of my passport, what does it mean, can I apply for h1 visa again. Thanks in advance.

Reply

hardik mehta July 30, 2012 at 1:22 am

Hi Saurabh,
Thanks for all the nice work you do. I would like to get an info. I went to USA on student visa then I converted to H1B. When I came back to India for stamping I had an old client on my H1B petition. So my employer filed H1B amendment for me with new client and I got approval. I submitted all these documents(new H1b petition,client letter and contract between middle vendor and my employer) what US consulate needs after issuing 221(g) to me. I have myemployer-middlevendor-client in my consulting job. After submitting documents they replied me back that my documents are going to sent USCIS in USA for verification purpose but when I check status of my H1B online today it says “Refused”. Now what this refusal means? Wether they cancelled it or they denied it or what? One of My employer is ready to transfer my visa also. so should I transfer it without waiting for result of my case or not?

Thanks for reply
Hardik

Reply

Saurabh August 6, 2012 at 7:27 am

Hardik,
221g means visa refusal. It means they refused to issue visa to you as it requires additional processing. It doesn’t mean denial.

Reply

VHS July 27, 2012 at 5:51 am

Hi Saurabh,

I had my H1b interview through BEP quota. I got a white 221G asking me for transcripts and USCIS documents for a US MS degree. I started and discontinued that MS, and dont have any of those I-20s with me, all I have is original transcript and F1 admission I-20. I dont have the CPT I-20 on which I worked briefly. I have scanned soft copies. I am planning to give them the copies of all the transcripts and I-20. What are my options if they ask me for original documents? Is there any chance I will be called in for another interview where they ask for the originals, because I will definitely get screwed not having all the originals. I am really scared.

My company will be furious with any delay on my part, and I was not prepared for questions on the previous incomplete MS, and also this issue was not covered with my employer as I thought it is unimportant and in the past.

Please help me out here.

Thanks!

Reply

Saurabh August 6, 2012 at 6:44 am

VHS,
I can’t say w/ surety if scanned copies w/ill be accepted or not. I would suggest talking to an attorney about it.

Reply

Mallik June 2, 2012 at 3:51 am

Hi Saurabh,
My H1B visa petition was under RFE and I submitted the supporting documents. BUt the difference is petition was filed under one project and supporting document was submitted under different project as I moved to new project by the time I got RFE. But now I got Denail Notice for my petition.
“We mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER. The notice explains why the denial decision was made and the options that may be available to you.”
Please let me knw where this petition can be reconsidered or it got completely closed ???
Thanks,
Mallik

Reply

Saurabh June 3, 2012 at 1:36 pm

Mallik,
Your employer can file MTR or an appeal if they believe that petition was denied on wrong reasons. The other option is to file another petition (as the quota is still open) through same or different employer.

Reply

sv May 23, 2012 at 3:15 am

Hi Saurabh,
Please advice…..after finishing my MBA from US in 2009, moved to India & am working as a full time employee here. I’ve approved H1B petition dated 2009 sponsored by consulting firm in US and now i want to go for stamping and work there

1. please advice if its k to go for stamping after holding approval since 2009 and working here all this while
2. i have an offer letter from my employer, no paystubb as i never worked in US
3.what can i say if VO ask me why i didn’t work in US even after having approved petition
4. do i have to resign from my present comp in India before going for stamping
5.do i have to carry employment related doc, paystubb from my comp in India

please help with valuable advice in this case
Appreciate your help
SV

Reply

Saurabh May 23, 2012 at 6:53 pm

SV,
1. You can go for stamping if the H-1 employer is still willing to hire you.
2. It is ok not to have payslips from US in this case. You will need a recent offer letter and other supporting documents like client/project details, MSA, SOW etc. You also need copy of LCA and I-129. If your project/client/location has changed then the employer should file new LCA and H-1 amendment
3. You can state personal reasons
4. No
5. Not necessary, but good to have

Reply

sv May 24, 2012 at 12:09 am

Appreciate your help Saurabh

Reply

sv July 2, 2012 at 12:46 pm

Hi Saurabh,

How r u, please advice? my H1B petition is gonna expire on 09/23/12, planning to go for stamping this week so if all is gud and i get a Visa then it’s going to be valid for 3 yrs or till petition expiry date – 09/23/12? this is my first H1B stamping

Appreciate your help
SV

Reply

swap May 9, 2012 at 7:03 pm

Hi Saurabh,

I am planning to file h1b as IT consultant… MY case is Client — prime vendor –midlle vendor–employer…. as my prime vendor is performing work for end client……… I got letter from them which says end client and prime vendor is not my employer and both(client and prime vendor ) signed on a single letter.but now i dont have letter from middle vendor …… will that be ok? is there any chances of getting RFE ?

Reply

Saurabh May 10, 2012 at 12:11 pm

Swap,
Yes, RFE can be issued as USCIS may want the entire chain of letters.

Reply

krishna May 2, 2012 at 6:09 am

Hi Saurabh,

Hope your doing fine!!

My currently employer is sponsoring H1B for me now. Want to know whether I can travel to US on B1 during this processing time, where i am currently holding B1 visa.
Is there any chances of rejection of H1 visa, since this will be my second travel to US on B1.

Thanks In Advance

Reply

Saurabh May 2, 2012 at 3:49 pm

Krishna,
You can travel to US on B-1 visa while your H-1 is under process. Make sure you do not overstay and leave US timely.

Reply

Browse Comments Pages Below

1 2

Leave a Comment

Comments only, No Questions. We have a NEW Q & A Section.
Please ask your questions at Redbus2US Q & A Section
Please do NOT post questions here. Ask in Q & A Section
We have a NEW H1B Visa Tracker.
Please add your H1B Case info at H1B Visa Tracker!