India Abroad - February 24, 2012

Why H-1B visa holders are
scared to go to India
RITU JHA
Every year, Manish* used to visit his par- ents in India for about two weeks. This time, he has been stuck there for more
than two months, and is unsure when he will
be allowed to return to the United States.
“I appeared for visa extension on December
13, 2011 and I was placed in (Section) 221(g)
(of the Immigration and Nationality Act,
which means put on hold). I submitted all the
documents listed in 221(g) green slip,” he
explained. “I am not sure how much they
care about all these submitted documents.
They have sent my file back to the USCIS
(United States Citizenship and Immigration
Services) for further review and probable rev-
ocation. I have also received the notification
from the USCIS that they have received the
file February 14.”
Manish came to the US in 2002 to do his
MBA from Hofstra University in Hempstead,
New York, and has an H-1B visa.
“I also fall under the ‘Exempt Employee
List’ as I have a US master’s degree and my
salary is more than $60,000 — as defined in
the Exempt Employee List,” he explained.
The situation is frustrating. I have been a
taxpayer, Social Security payer since 2002. I
have an excellent credit history. I have so
many regular monthly bills running over
there like apartment rent, telephone, car
installments, etc. My employer is very coop-
erative. She spoke with an attorney and she
said she cannot do much until the USCIS
contacts her.”
He has no option but to wait.
“I am working on a very big project and
playing a very important role,” Manish said.
“Things are stuck at the project and still my
bosses are waiting for me. But how long they
can wait? I didn’t have problems in the past
in getting my H-1B visa stamped.”
Ramesh Kumar, who runs a human
resource consulting company in Fremont,
California, said his client went to India on
two weeks’ vacation to meet her parents, and
is stuck there for the past two months. She too has been
served with a 221(g).
“We have been asking the USCIS and they say her peti-
tion is in process,” Kumar said. “The problem is we have
given all the documents and here we keep telling clients she
will be here soon. How long can we keep convincing our
clients that she will be here in 15 days? When all papers are
approved and stamped, why are they again opening files
and asking for new documents? Her husband is now plan-
ning to transfer her status to H4 (dependent). How long
can she stay in India, when her husband is in the US?”
There are many Indians in the US who have lost their
jobs because of the delay in the process. Kumar said one of
his client served with a 221(g) was stuck in India for four
months, lost his job and had to leave behind his house and
car.
“His company has hired somebody else,” Kumar said. “He
is paying home mortgage from India! I have people who
have not visited India for years because they fear if they go
they might get a 221(g) and never come back.”
He said even companies fear filing for H-1B visas for
workers as they fear they might lose money if their clients
get a denial notice or the visa gets stuck. “The companies
ask us: Does the employee have a travel plan in the next one
year? If I say yes, they won’t hire. It has became a fear fac-
tor.”
Kumar was speaking at a recent seminar hosted by the
immigration law firm Shah Peerally Law Group on immi-
gration issues.