US Visa 221 g-refusal



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Old Apr 28th, 2005, 13:03   #1
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US Visa 221 g-refusal

US Consulate Kolkata recently refused one of my friend's visa application (H1B extention) under the 221g clause. They asked her to contact after 1 month. She is staying at uS for last 6 years. Also they suggested her to submit a complete resume. By training she is a biotechnologist. Anybody has any idea?
Sometimse US consulates behave very funny.
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Old Apr 28th, 2005, 13:23   #2
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I guess this was a recent change... if you can lookup older pages of online newspapers...

From what i remember it said: for a renewal of US visa (guess H1b included)
the applicant has to return to India and then reapply as a new case.

my 2 yen.
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Old Apr 28th, 2005, 15:57   #3
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Quote:
Originally Posted by Professor
US Consulate Kolkata recently refused one of my friend's visa application (H1B extention) under the 221g clause. They asked her to contact after 1 month. She is staying at uS for last 6 years. Also they suggested her to submit a complete resume. By training she is a biotechnologist. Anybody has any idea?
Sometimse US consulates behave very funny.
professor:

If your friend's US employer (company) supplies a STRONG letter that they NEED your friend's invaluable input and services, then the Embassy has no base for refusing an extension. But then, they also get the hint that she wld be further applying for a green card.....which might have triggered the refusal this time
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Old Apr 28th, 2005, 23:25   #4
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Professor:
Your friend should contact the company that petitioned for her and get their immigration layer to handle the problem.
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Old Apr 28th, 2005, 23:44   #5
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After 911 Consulates are following their laws to the letter. IMHO, its more to avoid finger pointing than to prevent terrosts.

From the US Consulate Website:

How long can an alien be in H-1B status?


Under current law, an alien can be in H-1B status for a maximum period of six years at a time. After that time an alien must remain outside the United States for one year before another H-1B petition can be approved. Certain aliens working on Defense Department projects may remain in H-1B status for 10 years. In addition, certain aliens may obtain an extension of H-1B status beyond the 6-year maximum period, when:

1. 365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is required or used by the alien to obtain status as an EB immigrant, or

2. 365 days or more have passed since the filing of an EB immigrant petition.

Link: http://uscis.gov/graphics/howdoi/h1b.htm
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