Received OF-194 Refusal Worksheet after 221g white slip issue

Hello Saurabh,

My employer was applied H1B in April 2016 for 2017 Quota and my case was picked in lottery. Case was kept in RFC and after submitting the required documents, case was approved in January 2017. I appeared for VISA interview on 23 & 24 March in Hyderabad consulate and they issued 221g white slip without asking any documents. On 27th April I received a mail from HYD consulate with subject OF-194 Refusal Worksheet with an attachment. Attachment contains below mentioned information.

Next Action: Contact DHS-USCIS Date: March 24, 2017 This office regrets to inform you that it is unable to issue a visa to you because you have been found ineligible for a visa under the following sections(s) of the Immigration and Nationality Act (INA).

*Section 221(g) of the Act prohibits the issuance of a visa to anyone who has failed to present the documents required in connection with the visa application, or who has failed to submit sufficient credible evidence to support the claimed petitionable relationship. The following remarks apply in your case.

*Consular investigation revealed that there is no qualifying employment for beneficiary.

* Your case is administratively closed at the Consular Section. Consular officers apply a ‘reasonable person standard’ when evaluating the bona fides visa applications ( 9 FAM 42.43 N2.2(3)). The basis of the return of a petition for revocation is also “evidence that USCIS did not have available at the time of adjudication and that such evidence, if available, would have resulted in the petition being denied”. These facts establish that the petition is invalid. Futher, these facts, as ascertained by consular officers, would connvince a reasonable person that the circumstances constitute misrepresentation to evade immigration laws.

Therefore, pursuant to 9 FAM 41.53 N2-3, the reviewing officer has decided that the petition should be returned to the U.S. Citizenship and Immigration Services (USCIS) with the recommendation that it be revoked. The process includes review by the Nonimmigrant Visa Chief. When USCIS receives the returned petition, they will contact Petitioner, who will have an opportunity to rebut consular findings concerning this case. If USCIS revokes the petition, the beneficiary may become ineligible for a visa under Immigration and Nationality Act Section 212(a)(6)©(i) (or ther appropriate section). If USCIS reaffirms the petition, the petition will be returned to post for further processing. Additional information is available at the Internet site: Http://hyderabad.usconsulate.gov/.

WARNING: IF YOU FAIL TO TAKE THE ACTION REQUESTED OR FAIL TO PRESENT ADDITIONAL EVIDENCE SUFFICIENT TO OVERCOME YOUR VISA DENIAL UNDER SECTION 221(g) OF THE IMMIGRATION AND NATIONALITY ACT WITHIN ONE YEAR OF THE REFUSAL DATE, SECTION 203(g) OF THE REQUIRES THAT YOUR APPLICATION BE CANCELLED.

Employer said, I we can’t do anything in this situation.

Will employer have any chance to provide sufficient documents to USCIS to show the eligible job that they have?

What are the possible options left with me in this situation?

Thanks in advance for your valuable comments on this.

Hi sudhakar,
Am in to same situation. i just got an email with the same update u got. Please update ur status.

Thanks
Kiran

Hi,

I am also in same boat and went through same process. Currently case is in noir response review status (from JUNE 2017) onwards. Do You people have any update on your case

Have you guys apply through consultancies ? is it in EVM model ? give some details so we can comment more and guide you.

Thank you Jordan…
My employer have in-house projects and also consultation services. My application is for in-house project.
I received same ofc-194 form from consulate and my employer responded to NOIR in June 2017 but still it is in USCIS review…

What are the chances for approval at this stage.
Thanks in advance…

What are the chances of case approval after OF194–>NOIR Response–>.

Is any cases approved after OF-194

Hi I am also in same situation. Any suggestions based on your experiences?

Hi I have received same message like yours. Any updates or suggestions?

Thanks

@nm557 @kirankishore @sudhakardavuluri @jordan31 @divya I am also in same situation, any suggestions for me?

Hi @anilc55

can you please share the latest update on your case? I’m also got OF194 with same mentioned details.

Greatly appreciated your response!

Hi @murali2 As far my understanding that nothing much we can do. No more hopes. Please keep me posted in case if you get any clue.

Thanks

Guys i also got the same mail today. Can you share your phone numbers please

Hi @Moorthy_Dhara & @anilc55,
I am in the same situation, would like to know what options are available at this point before the USCIS makes a decision.

Your help is much appreciated.

Thanks!

I have no clue, I am also looking for suggestions

@nm557 any updates on your case?