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.