Received 221(g) letter from US Embassy Manila

[KopeLand]

I had the same situation. My interview was last June 2 and the CO said it will take about a week, well it's already past 2 weeks and my original return flight is today. No choice but to extend for another 2 weeks. Is the embassy just backlogged? I'm already on my 4th H-1B petition/extension approval and been in the US for almost 10yrs. Are we being punished for patiently and legally complying with the long wait of the US immigration process.

Anyone got their passports stamped already? Were you informed by phone or email? I don't know what to expect and wasn't able to ask the right questions due to my disappointment during the interview.

Thanks.

naku, hirap pala magpa stamp ngayon. balak pa naman naming umuwi sa December. Can you tell me what sort of things are they looking for? Are they just going to verify something from your employer?

[mica99]

Hi Goatman - No haven't received my visa yet. Its already 5 weeks. The call center can no longer provide estimated time for the stamping... I hope it won't be that long for you. Let me know how it goes. Good Luck.

Hi KopeLand - They didn't ask any additional doc from me. The CO was actually very positive that I will have mine in a few weeks time... i guess she was wrong.

[JA]

There are many reasons why you might get what you are calling a "221(g) form", but I thought some of you might appreciate an explanation for some of the delays you are seeing.

Last year USCIS changed their view on some H-1B jobs and this has caused many embassies to inspect more closely some H-1B visa applications.

The new issue questions if there really is a valid and legal "employer-employee relationship" between the company and the H-1B worker, especially in jobs where the employee works at a customer site and not at the office of the employer who filed the H-1B petition.

Examples of jobs that might be effected by this new view of the law are IT contractors that send their workers to the customer's business and PTs/OTs (and almost anyone) employed by a staffing agency.

In basic terms, USCIS, and now the embassies, may ask for evidence about:

1) how the petitioning company exercises control over the work done by the H-1B worker (just paying, sending to a customer and supplying benefits is not enough); and,

2) that a Labor Condition Application (LCA) was filed that covers the actual locations where the work will be performed. (Tip- the law requires that you MUST be given a copy of any LCA filed for your petition. Check your LCA to be sure the wage and worksite locations are correct!)

If the embassy asks for additional information about your job sites, clients, travel, supervision, etc., then they may be reviewing your "employee-employer relationship".

This has been a known H-1B problem for at least ten months with both new H-1Bs and extensions.

If the petitioning company had an Immigration attorney, I expect that they have already warned any of their workers and prepared them before going to the embassy for an H-1B visa.

If you want to read the CIS memo that caused all this problem, it is at
http://www.uscis.gov/USCIS/Laws/Memo...Memo010810.pdf

Obviously, this is only one of many reasons a petition is put under review. I am just giving you something to read while waiting for your passports to be returned.

[goatman]

There are many reasons why you might get what you are calling a "221(g) form", but I thought some of you might appreciate an explanation for some of the delays you are seeing.

Last year USCIS changed their view on some H-1B jobs and this has caused many embassies to inspect more closely some H-1B visa applications.

The new issue questions if there really is a valid and legal "employer-employee relationship" between the company and the H-1B worker, especially in jobs where the employee works at a customer site and not at the office of the employer who filed the H-1B petition.

Examples of jobs that might be effected by this new view of the law are IT contractors that send their workers to the customer's business and PTs/OTs (and almost anyone) employed by a staffing agency.

In basic terms, USCIS, and now the embassies, may ask for evidence about:

1) how the petitioning company exercises control over the work done by the H-1B worker (just paying, sending to a customer and supplying benefits is not enough); and,

2) that a Labor Condition Application (LCA) was filed that covers the actual locations where the work will be performed. (Tip- the law requires that you MUST be given a copy of any LCA filed for your petition. Check your LCA to be sure the wage and worksite locations are correct!)

If the embassy asks for additional information about your job sites, clients, travel, supervision, etc., then they may be reviewing your "employee-employer relationship".

This has been a known H-1B problem for at least ten months with both new H-1Bs and extensions.

If the petitioning company had an Immigration attorney, I expect that they have already warned any of their workers and prepared them before going to the embassy for an H-1B visa.

If you want to read the CIS memo that caused all this problem, it is at
http://www.uscis.gov/USCIS/Laws/Memo...Memo010810.pdf

Obviously, this is only one of many reasons a petition is put under review. I am just giving you something to read while waiting for your passports to be returned.

JA - My work is a traditional employer-employee relationship since I report to the employer's leased office building. There wasn't any RFE for the transfer/extension and 7th year extensions but they were all processed before this memo. I'm assuming that the embassy just don't have the records of my petitions in their system, but in this day and age of technology, how slow can the transfer be? I'm afraid they just trying to frustrate H-1B workers until they give up. If not because of my family back there, I will not be returning anymore because I'm fed up with they way they treat law-abiding non-immigrants.

[mariela]

got also 221(g) last Sept.2010 for tourist visa for administrative processing.but after 9months a guy from us embassy called and ask me to send mg passport to them....

[goatman]

I just got my passport today. Well, the date of the stamp says June 22, that's exactly 20 days from my interview. If not because of my company's lawyer following up, I wouldn't even know that it was already approved. The last 2 weeks has been a really excruciating. My advice to everyone is to make sure that you list a local contact number. The US Embassy will not call unless it's for additional documents. I learned about this from the 2Go office where I picked up my passport. They said they were trying to call the numbers but didn't know they were US numbers. I filled up the DS-156 online form as truthful as possible and entered my US home and mobile number because I'm already based in the US. And now on the POEA OEC clearance...

Have faith and practice patience everyone!

[mica99]

I just got my passport today. Well, the date of the stamp says June 22, that's exactly 20 days from my interview. If not because of my company's lawyer following up, I wouldn't even know that it was already approved. The last 2 weeks has been a really excruciating. My advice to everyone is to make sure that you list a local contact number. The US Embassy will not call unless it's for additional documents. I learned about this from the 2Go office where I picked up my passport. They said they were trying to call the numbers but didn't know they were US numbers. I filled up the DS-156 online form as truthful as possible and entered my US home and mobile number because I'm already based in the US. And now on the POEA OEC clearance...

Have faith and practice patience everyone!

That's good news goatman! I was just wondering how your company lawyer was able to follow-up on your Visa. Did they directly contact the US Embassy here in the Phils? Also, I included my US contact number instead of a local phone number. I hoped they should have added that add'l info in the forms. Thanks.

[taipan_freak]

hi!

also had a 221 g letter during my interview last June 2, after 11 days, got the passport back without the visa stamp and another 221 g letter asking for documents, after 2-3 days, another 221g again. Then on June 28, the US embassy finally called asking me to send my passport for stamping. Now i'm waiting for it to be delivered. Pero from goatman's post, sabi he picked it up from 2go. Ganun na ba ang process? Hindi sila ang magdedeliver at tayu dapat ang kumuha ng passport sa 2go? 2x na kasi ako nagpareschedule ng flight and it is very frustrating. 3 weeks lang dpat and vacation ko pero more than a month na ako, hirap kasi dami bayarin sa US like the apartment and car tapos wala kita habang nakatengga. Anyone who knows if kelangan i pick up yung passport or wait ng delivery? Thanks

[taipan_freak]

I just got my passport today. Well, the date of the stamp says June 22, that's exactly 20 days from my interview. If not because of my company's lawyer following up, I wouldn't even know that it was already approved. The last 2 weeks has been a really excruciating. My advice to everyone is to make sure that you list a local contact number. The US Embassy will not call unless it's for additional documents. I learned about this from the 2Go office where I picked up my passport. They said they were trying to call the numbers but didn't know they were US numbers. I filled up the DS-156 online form as truthful as possible and entered my US home and mobile number because I'm already based in the US. And now on the POEA OEC clearance...

Have faith and practice patience everyone!

hello goatman,

tinawagan ka ba ng embassy to pick up your passport? am waiting kasi for my passport. nabasa ko kasi yung post mo about pick up from 2go. just need some info para masiguro ko na makakaalis na ako by July 12. Thanks

[edlu]

hi share ko lang ang experience ko baka pwede nyo ko bigyan ng insight na simillar sa case ko. H1b holder ko nagpainterview ko sa us embassy for visa restamping kasama ko family ko ng h4 visa sila, 3 years na ako sa amerika at nagbakasyon lang kami. sa interview ko nabigyan ko ng 221 g letter (green slip)indicating further administrative processing, sabi sa akin ng consul wala naman siya nakikita dahilan bakit di ko mabibigyan ng visa ang problema di niya maverify ang approved petition ko sa tinatawag nila PIMS (petition information management system) para pinaka database nila. di ko mabigyan ng timeframe ng consul kung gaano katagal para macomplete ang process. last july 1 tinawagan ko ng embassy to send our passport pero sabi nila ang case ko is still AP pa rin. Nagfollow up ko today july 7 sabi sa akin ng nakasagot under AP pa din ang case ko. sobrang nalilito na ko bakit nirequest nila padala ang passport since ang case ko e wala pa further development. i just hope and pray na matapos na ito nightmare na ito.

[edlu]

hello goatman,

tinawagan ka ba ng embassy to pick up your passport? am waiting kasi for my passport. nabasa ko kasi yung post mo about pick up from 2go. just need some info para masiguro ko na makakaalis na ako by July 12. Thanks

Hi! Ask ko lang if you dont mind ano na ang development sa case mo almost the same tayo, i just want to get an idea.thanks

[carl_0216]

Hi everyone! tanung ko lang kung meron ba kayung idea sa WINDOW 70? nagka 221g ako then I complied the required docs last week lang...last friday i reciv a call from US embassy to report at window 70...but I ask him for what reason,he just told me somebody will assist me there..is this a positive sign or another interview...Need your inputs!thanks...

[taipan_freak]

Hi! Ask ko lang if you dont mind ano na ang development sa case mo almost the same tayo, i just want to get an idea.thanks

hi!

nakuha ko na passport ko after 6 working days from the day na pinadala ko sa 2go. nung nagfofollow up ako sa embassy ang lagi nila sinasabi for printing.. just went to poea for my OEC... grabe pala dun sakit sa ulo pumila pero may ibang options na like door to door 2 days or 3 days... thank God makakabalik na ako to work sa US... 45 days din ako natengga dito sa Pinas pero saya pa rin kasi matagal ko nakasama family ko

[edlu]

hi!

nakuha ko na passport ko after 6 working days from the day na pinadala ko sa 2go. nung nagfofollow up ako sa embassy ang lagi nila sinasabi for printing.. just went to poea for my OEC... grabe pala dun sakit sa ulo pumila pero may ibang options na like door to door 2 days or 3 days... thank God makakabalik na ako to work sa US... 45 days din ako natengga dito sa Pinas pero saya pa rin kasi matagal ko nakasama family ko

Hi,

Congrats! ako naman call ko today embassy sabi nila complete na ang administrative processing, advice nila ko just to wait for my passport to be deliver within 1-2 days, hopefully makuha ko na visa namin para makabalik na rin sa US, 2 months na ko nastuck ** sa pinas rin, need to go back to work dami na bayarin sa US.

[mica99]

Hi - tanong naman ako for OEC.. kinailangan nyo pa rin ba magproduce ng contract kahit for H1B extension lang naman ito?

[l0ne_w0lf]

Hi I had a similar case a few days ago. I was applying for a L1 Intra company visa and had my interview with the consul. Only a few questions were asked by the consul, like what's my area of expertise, how long is the role on shore, current salary. I really felt our conversation was just normal, then suddenly, he said that my application was on hold for further administrative processing. Then he gave me the green paper. I asked him what is the reason, he just said they need to check on other details of the application. I was pretty much stunned, this was the 1st time i was actually applying for this visa, but previously i had tourist visa naman.

Care to share any thoughts what might have happened? Medyo newbie lang kasi ako with this application. May narereject ba sa ganito? Medyo worried lang din kasi madami na din akong arrangements sa u.s. when it comes with work. Mukhang matagal talaga turn around time reading the posts. Ano pa kaya chinecheck nila with my application? the consul told me na wala naman na ko kelangan gawin but to wait.

Btw, great thread. very helpful and informative.

[leonleon]

Hi I had a similar case a few days ago. I was applying for a L1 Intra company visa and had my interview with the consul. Only a few questions were asked by the consul, like what's my area of expertise, how long is the role on shore, current salary. I really felt our conversation was just normal, then suddenly, he said that my application was on hold for further administrative processing. Then he gave me the green paper. I asked him what is the reason, he just said they need to check on other details of the application. I was pretty much stunned, this was the 1st time i was actually applying for this visa, but previously i had tourist visa naman.

Care to share any thoughts what might have happened? Medyo newbie lang kasi ako with this application. May narereject ba sa ganito? Medyo worried lang din kasi madami na din akong arrangements sa u.s. when it comes with work. Mukhang matagal talaga turn around time reading the posts. Ano pa kaya chinecheck nila with my application? the consul told me na wala naman na ko kelangan gawin but to wait.

Btw, great thread. very helpful and informative.

Ni retain ba nila passport mo?

Anyway, I believe the best you can do right now is to follow up your status online:

If your nonimmigrant visa application was temporarily refused under Section 221(g) of the Immigration and Nationality Act on or after January 2, 2011, you can now check the status of your application online.

To check your application, please have your Control Number ready. Your unique Control Number is a 14-digit number provided at the top of the 221(g) letter (green paper) you were given at your interview.

Link:

http://photos.state.gov/libraries/ma...02011__001.pdf

HTH.

[l0ne_w0lf]

Ni retain ba nila passport mo?

Anyway, I believe the best you can do right now is to follow up your status online:



Link:

http://photos.state.gov/libraries/ma...02011__001.pdf

HTH.

Hindi eh - my passport is still with me. Oo nga eh, mukhang waiting lang talaga at this time. I'm thinking, baka dahil din may immediate family ako sa u.s. , may impact din kaya yun?

[insomiac]

Hindi eh - my passport is still with me. Oo nga eh, mukhang waiting lang talaga at this time. I'm thinking, baka dahil din may immediate family ako sa u.s. , may impact din kaya yun?

Hi l0ne_w0lf. Tanong ko lang if may updates ka na from the embassy? We have the same case: applied for an L1 visa tapos administrative processing. I also have my passport with me.

[angel2217]

Hi everyone,

I wished somebody would help me as I am facing the same situation. I've been interviewed last sept 01, the interview went good but at the end of interview the consul handed me the blue slip, the 221g, saying that some in formation are needed on their system, so I am on further administrative processing and don't know how long I will wait. They took my passport and some documents. I don't know if my visa is approved coz the consul said that all are fine except on the info needed. I really appreciate if somebody can give me some advise on my situation.