Hi saurab,
Here exactly I got the mail from uscis.
1.Pls let me know is this refusal or denial or revoke.
2.Am I eligible for cap exemption.
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 section(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.
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Consular investigation revealed that there is no qualifying employment for the beneficiary.
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Your case is administratively closed at the Consular Section. Consular officers apply a 'reasonable person
standard’ when evaluation the bonafides visa applicatoins (9 FAM 42.43 N2.2(3)). The basis of the return of a
petition for revocation is also "evidnec that USCIS did not have available at the time of adjucation and that such
evidenc, if available, would have reslted in the petition being denied". These facts establish that the petition
is invalid. Further, these facts, as ascertained by consular officers, would convince a reasonable person that the
circumstances constitute misrepresentation to evade immigration laws.
Therefore, pursuant to 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 reviked. 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 visa under immigration and Nationality Act Section 212(a)(6)
©(i) (or tother appropriate section). If USCUS reaffirms the petition, the petition will be returned to post for
further processing.
Thanks
Amit.