H1B Stamping - Rejected By Consulate (Colleague Status)

Dear Saurabh,

First i would thank you and all expertise in redbus2us.com for their continued support and guidance.

[b]My Visa Status:[/b] As posted earlier my visa interview happened in Dubai US consulate for H1B 2013-14 (New Petition) and I was given yellow slip with a case number on Oct' 2013. (No documents asked, No Employer/Client verification Done yet)

Case History: One more colleague of mine from same US Employer went to stamping in same Dubai US Consulate on Aug'13 and got yellow slip with case number ((No documents asked, No Employer/Client verification Done yet). FYI, this is not particular with my employer as many others too got same yellow slip from Dubai Consulate its seems common.

[b]Issue[/b]: He got email from consulate yesterday stating "Visa Rejected with 221G INA act - ...Ineligable for Visa"


1. What might the reason to deny his visa as there was no documents verified or background check done ?

2. What are the alternatives for him left out and what is the status of his curent petition ?

3. Whether he can apply for different employer or transfer as CAP EXEMPT ?

4. How his rejection will affect/impact my visa case status as we belong to same employer but different client information ?

5. Is there any measures or steps i have to take now after his rejection to succeed in my case ?

Sorry for elongated questions but i hope you understand my situation and your expertise willl help me and others to overcome any hurdles.

[b]Thanks & Regards[/b]

Muhammad Imran


Your question was for Saurabh and we will wait for him to answer. A logical observation is that your US employer could be on some type of blacklist known for LCA violations but this need not be true at all. However, a quick comment - many consulates worldwide are required to show a 50% rejection rate on applications. It shows case disposition thoroughness. This means your friend just got handed the wrong end of the stick. This may not happen to you.

All the best

Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu; sshankar@chu.edu

Thanks Sandeep for your comments. But FYI. I don’t really feel/think it should be an employer issue as almost 10 candidates from same employer got successful stamping from Hyderabad & Chennai consulate this year. Latest successful stamping happened just two weeks back which is after me and my dubai colleagues interview. Only he got rejection email just this friday.

  1. Emloyer Issue or else the job role is not suitable for that person/type of visa

    1. U can contest if u feel right. Consult ur Employer or Attorney

    2. He can go for Cap-Exempt

    3. Every Case is different, this amy not affect

    4. Employer, Job roles and all relevant Docs matters a lot

Dear Saurabh,

Can you please put your thoughts on the same.

Muhammad Imran

I agree w/ Rana’s answer.


My cousin went for Stamping in Jan-14 in Bahrain and he was issued 221 (g). He is working in Bahrain on employment since 4 years. Previously he worked in India for 4 years in MNC’s.

The interviewer asked him basic questions like;

  1. Why are you going to US
  2. How did you know about this client
  3. Then VO focused on his earlier visit to USA in 2012 on B2 visa. What places did he visit.
  4. VO asked him multiple times what all places did he visit in USA.
  5. VO asked why does your passport show entry and exit to India almost every 2-3 months. When he replied he used to visit different countries middle east countries for business/project visits while working for India company, VO was satisfied.

Finally VO told, we need to review your case and gave him a white A4 print out, which said 221(g) refusal. VO verbally told you dont need to provide any additional documents. In the paper, VO wrote on 221 (g) slip ‘We will email you when to return’. His passport was returned back at the same time.

VO did not ask about any details about the US petitioner, client, project or any supporting documents at all. The US attorney told him to wait and see what reply he would get from Consulate.

Looks like 2% of all H1B cases fall under 221(g) security checks, specially when person has multiple travel to different countries in 1 year. Or person might be working in Middle eastern countries (not sure). Once the background check or security is done they might get a reply either its approved or rejected. It might take more than 2 months sometimes to get a reply.

H1B Visa rejection rate is depends on candidates documentation and provided information.

There are many reasons behind H1B Visa rejection such as

No real ties to their home country
Consular misunderstandings or lack of knowledge
Affiliation with bad profile
Previous long-term visits to the U.S. or away from their native country
Changing status
Other relatives who are currently residing in the U.S.
Pending or previous denied petition / application
Criminal records
Failure to provide proper documentation
The top reason behind why H1-b visa petition get denied:

The position offered to a candidate is not a specialty occupation
The position is not the position which the petitioner claims for
The petitioning employer will not be the true employer