Murthy's Visit to U.S. Consulate in Chennai, India Posted Jun 20, 2008 ©MurthyDotCom Attorneys from the Murthy Law Firm regularly travel to assist companies and individuals with H1B, L-1, or other visa matters. During Attorney Murthy's last visit to India, she arranged a March 3, 2008 meeting between senior U.S. consular officials at the U.S. Consulate in Chennai, India and various companies encountering problems with their employees' nonimmigrant visa applications at that consulate. The parties present from the U.S. Consular team were Peter Hancon, the then Nonimmigrant Visa (NIV) Chief, Ian Hopper, the Deputy NIV Chief, Max Aguilar of Consular Affairs from the U.S. Department of State (DOS), and Anthony Ramirez, Chief of the Anti-Fraud Unit (AFU). These consular officials met with various representatives of U.S. employers who wanted to discuss specific H1B, L-1, or other visa issuance problems for their companies' employees. It was a productive meeting, resulting in the approval of visa applications for some employees and an understanding of the reasons for the denials of visa applications for others. ©MurthyDotCom H1B/L-1 Visa Denials and Petition Revocations ©MurthyDotCom Many U.S. companies are concerned because H1B/L-1 visa applications are being denied and H1B/L-1 petition approvals are being revoked at the request of the U.S. consular officials in Chennai, India and at other U.S. consular posts worldwide. Such denials of the H1B, L-1, or other visa applications or the revocation of the H1B/L-1 petitions is of grave concern for U.S. companies that require the services of H1B or L-1 employees for the continued success of their businesses. ©MurthyDotCom 221(g) Issuance to H1B/L-1 or Other NIV Applicants ©MurthyDotCom Regular MurthyDotCom and MurthyBulletin readers may recall our March 18, 2007 article, 221(g) Visa Denials at Consulates Abroad, which explained that consular officers may issue visa 221(g)s because applicants do not appear to meet the minimum requirements for temporary work classification or these applicants' employers have not demonstrated the ability or intent to comply with the requirements of the requested visa categories. ©MurthyDotCom Consular officers have also delayed or denied H1B visa applications - particularly for IT consulting firms - because they determine the employers in these cases do not have bona fide positions for the beneficiaries. Instead they unlawfully are "benching" employees awaiting work. In these circumstances, the consular officers will likely send such cases back to the United States Citizenship and Immigration Services (USCIS) and, in turn, the USCIS may issue notices of intent to revoke the underlying H1B/L-1 petitions. The process can cause lengthy visa delays and significant costs to employers who wish to challenge the denials or the revocations. ©MurthyDotCom Attorney Murthy's Next Consular Visit Planned for July 2008 ©MurthyDotCom Attorney Sheela Murthy again will travel to India during the first week of July 2008. Company representatives interested in discussing ways to improve the chances for H1B/L-1 visa issuance for their employees should contact the Murthy Law Firm to schedule an appointment with Attorney Murthy to discuss their options. Copyright © 2008, MURTHY LAW FIRM. All Rights Reserved
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