JJ, When you answer the questions, it will ask about the most recent visa issuance. Can you please let me know what can be my back up plan? This is one good reason not to tell your current employer about plans to take a new job and transfer the H1B visa. I already have a letter from my Employer stating, I will be on leave till the visa issues are resolved. You are eligible for an interview waiver, even if it is your first-time visa stamping based on a first-time petition filed by an employer in the US if you meet the below conditions. Hi , I am on H1B and for VISA renewal I created separate account for each person due to limited slots hence my Son who is under 14 years of age got appointment for the interview though he has previous VISA which will be expired in Sept , 2022 . After H-1B and O-1 Status Petition Approval I have same question , My B1 Got Rejected in 2018 & i have valid H1B from 2019 I am eligible for drop box ? 1) In case my H1b petetion is approved, can I apply a H4 and go to USA before my H1B visa stamping interview. Hi Subhashini 304, Bangalore, 560001. Shal, You havent received H-1 in the past, right? Thanks! Initially it was approved till April 2014 before i attended the stamping interview. Last week new company responded back to queries. 1. A26. But I want to go back to my country before October 1 st and get h1b stamped in my passport. Please please let me know how it went. I also had a previous B1 rejection issues 214(b) in 2011. 2) Should i continue to insist the consultants who filed my h1b earlier to share with me the reason for denial for my future reference? 1. Citizenship and Immigration Services today announced it may reopen and/or reconsider adverse decisions on Form I-129, Petition for a Nonimmigrant Worker, made based on three rescinded policy memos. They may you to file H-1 amendment before proceeding w/ your 221g processing. Premium processing for all other cap-subject H-1B petitions will begin in June 2019, at the earliest. Now that you have the background, lets dive into the details on what was the announcement and how it would work. On Jan 1, 2022, USTravelDocs / CGI Federal Website, which is used to book the US visa appointments, got updated with the new Interview Waiver exception that was announced by the US Dept of State on Dec 23rd, 2021. As part of the ds-160 form filling, you should answer NO to the question have you ever refused us a visa as your H1B petition was denied and not a US H1B visa. F1 Cap Gap Student OPT Ends Sep 30, H1B Pending, Denial Options? You must have previously traveled to the US using Electronic System for Travel Authorization (ESTA) before. Below is a sample denial letter that was sent to one of the users after their 221g Blue Slip was responded with all the required documents. Hi Ron; Thanks for your time and response. Is client letter mandatory for H1B visa stamping ? 3. US Dept of State is extending the previously approved policy to waive the visa interview for certain students, professors, research scholars, other specialists who apply for F (F1, F2), M, and academic J visas if they meet all of the below criteria: These details were issued earlier this year 2021 and are not available on the US Dept of State website now. Below is a 4-step process to get your visa stamped: 1. When USCIS approves your petition, they send form i797 approval notice. If you try to intentionally hide your previous visa denials from the US embassy, you are asking for trouble yourself.Your each visa application is stored and the visa officer has access to all your prior interviews and DS160 details. I went for stamping in 2018. So my question is can US embassy deny me my visa to return back USA?? Even after repeatedly asking the reason the consultants who filed for my h1b is not ready to share the reason for denial or the refusal letter copy with me. Hi Saurabh, My h1b was approved in USand I came to INDIA for stamping, and I have got one later from officer, and mention it your application has been refused under section 221(g). I have received the OF-194 and Im a full time employee working directly for the client. You will see a new question in the beginning that asks every applicant Do you have previous visa in any visa class issued ? as in the below screenshot. Once the Form I-129 petition has been approved, the prospective H-1B worker who is outside the United States may apply with the U.S. Department of State (DOS) at a U.S. embassy or consulate abroad for an H-1B visa (if a visa is required). Checking on status For 10 days it shows the status Applicaiton Received. She smilled and answering the question just for the touriste purpose , the consular ask again where will you stay in the US ? Which will be the safest way to avoid any complications. if so, will H1 transfer will get approved? An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. Optional Training Program. It doesnt matter whether visa was eventually approved or denied after 221g. Does this mean I am eligible for the waiver or not? Petition for a Nonimmigrant Worker | USCIS I can goto the dropbox appointment as scheduled. If it was revoked by consular officer for fraud then you should expect a NOID during your H1 transfer. Some applicants want to have an attorney prepare the brief and file the appeal, and if there is some complexity to your case that could be a good idea. If not, then resignation would be the way to go. BUt the difference is petition was filed under one project and supporting document was submitted under different project as I moved to new project by the time I got RFE. USCIS will generally process motions based on filing order, and consistent with current policy guidance. Note that if you go to any other country, you still hold chance of visa denial or visa refusal. There are no apparent ineligibility or potential ineligibility aspects on the applicant for visa issuance. January 1st, 2022: Today, US Dept of State rolled out the new Interview Waiver rule that was announced on Dec 23rd, 2021 that waives in-person interviews for many who meet the requirements as mentioned in the above article. The formal appeal of an H1B visa petition is made to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). Keshi, You should get the contract reviewed by a labor attorney to know the consequences. my H1B petition is gonna expire on 09/23/12, planning to go for stamping this week so if all is gud and i get a Visa then its going to be valid for 3 yrs or till petition expiry date 09/23/12? Pls update if your son received the visa subsequently. Please let me know how to do it and who can do it. Now what this refusal means? what is the approval rate. #2 H1B worker details for registration: First and Last name Passport Number Master Cap Details Did you file new H1 ? S, No, you cannot. My daughter(Thanmaya) and wife(Nisha) is stranded in India due to 221(g) administrative processing visa issues and they are having a hard time due to the lack of Asthama Medication for Thanmaya from the USA. This is from 2023 January. Steps after H1B Petition Approval - Visa Stamping, COS - RedBus2US Below is a sample H1B Visa refusal letter after the submission of the documents. I have seen instances of both happening, but it is worth the risk. If you are in a product based company, then you are much safer here. However, you may be assured that every effort will be made to reach a conclusion as soon as possible. It is always best to sit back and assess the next steps and possible routes to take after a consulate visa rejection before thinking all is lost. Save my name, email, and website in this browser for the next time I comment. There is no need to immediately go for stamping. You should answer yes if a US visa has been canceled or revoked earlier due to any reason whatsoever.Example:Most US embassy does cancel your existing visa with a Cancelled without prejudice stamp if you are applying for renewal.You should answer yes on DS 160 form and then explain the legitimate reason for visa cancellation. Im applying a New tourist visa for my 1.5 years old toddler. Ive approved H1B petition dated 2009 sponsored by consulting firm in US and now i want to go for stamping and work there, 1. please advice if its k to go for stamping after holding approval since 2009 and working here all this while 2. i have an offer letter from my employer, no paystubb as i never worked in US 3.what can i say if VO ask me why i didnt work in US even after having approved petition 4. do i have to resign from my present comp in India before going for stamping 5.do i have to carry employment related doc, paystubb from my comp in India, please help with valuable advice in this case Appreciate your help SV, SV, 1. Thank you for your responce. But what if the consulate will question about my intention to work after entering US. Theoretically it is possible but chances of this happening vary from case to case. From Petitioner perspective, does it required to do any followup on this to get this done quickly? I have another question. 1. So the answer is Yes. Either company can do it. How Long It Takes to Get an H-1B Visa Petition Approved | Nolo I got 221g form recently and my employer not able to provide the documents that consulate requested for. My question is, will i be eligible for h1b dropbox now, since I didnt have h1b refusal or since i have B1/B2 refusal, I won;t be eligible ? I have got a dropbox appointment slot for Sep22 back in Feb22 however post that for last 4 weeks CGI website has been showing no appointments available status when I am trying to reschedule in hopes I may get early appointment slot. You can read complete details on how the 48-month rule works at the article: Guide to 48 Month Dropbox Stamping Rule. If the visa is denied and it takes long, then you can either continue to wait in CA/MX or withdraw the case and re-appear in your home country. I did not travel and got expired. H-1B Visa Stamping | Process, Documents, and Rejection [2023] - VisaNation We have similar query as our daughter has turned 14 years now but her last us visa was stamped when she she was 13. The findings, published by the National Foundation for American Policy (NFAP) - a policy research organization based in Arlington - revealed that the H1B visa rejection rate had dropped to an impressive 4%. 4.1. thinking its a major firm at max . Many attorneys says, petition will be cap exempt as long as I have a I797 copy with me. Can I choose to not get the interview waiver? But, as you are in the US, you can send a copy of your expired US Visa stamp and valid I-94 that should work. I want to file it individually not through the company minimum requirements I do have got close to 4 yrs of experience in It industry . If you answer yes to this question, then you will get subsequent typical dropbox questions asking about annotations like Clearance Received or Department Authorization, and other questions. May I suggest calling me Saurabh and not Saurav. I attended for h1 visa, they have returned my passport and has written #g in red colour at the last page of my passport, what does it mean, can I apply for h1 visa again. And now its my turn, the consular ask me , are you working? I m really sorry for the misspelt of your name. It may or may not help everyone, but does make the situation better for a few of them, who are eligible. If anything is missing, your application is rejected. Please follow any instructions in the notice. You are now filling DS160 to apply for a B1/B2 visa renewal. The situation of US Visa slots availability has been limited globally, and many are scrambling for visa slots. When can you Apply for H1B Visa Stamping after Petition Approval? What reason to give for visa denial as I m still not aware of the reason. It means they refused to issue visa to you as it requires additional processing. The wait can be long and frustrating. Published On: December 13, 2022 | Tags: H-1B Transfer Recently, there has been a steady decline in the rate of denials on H-1B visa transfer petitions. This is an example of an H1-B visa stamped in your passport. USCIS will generally use its discretion to accept a motion to reopen filed more than 30 days after the decision, if filed before . But since it was getting delayed my client released me from the project. We have added a new section in the above article that shows the new questions and how the system works. If your FY 2021 petition was rejected or administratively closed solely because your petition was . : Make a motion for reconsideration with the office that made the original decision. 2. Thanks for the response, but did my F1 get cancelled when I switched to H1B? Samples of H1B Visa Denial/ Refusal letter after 221(g) from US i-130 is an immigrant petition sent to USCIS for a family-based Green card. I dont have the CPT I-20 on which I worked briefly. Third-Party Work-Site 4.4. plz answer thanks. I currently have a B2 visa and need to travel to the US with my kids below 14years for a program. Shweta, If system says, you are eligible, you are then. Suda, If COS gets approved, then you can start working on H-1 from COS approval date. Divya, It should not impact. The main takeaway is that a visa rejection of a new H-1B approval may not require an employer to file in the lottery again. The US Dept of State has indefinitely extended the 48-month US Visa Renewal rule using the Dropbox option. Thanks Kumar for the reply. what was your outcome, please share. Now I want to go back to US as my Spouses dependent (He is in US on a valid H1 visa). How to Pay Off Education Loan at Home Country after getting Job in US? after these he gave me a visa refusal letter. How Many? They originally announced this until December 31st, 2022, but later extended it until December 31st, 2023. (Now im back in India). I have seen that option being discussed on the forum but dont know of anyone who has actually tried that. The notice explains why the denial decision was made and the options that may be available to you. Please let me knw where this petition can be reconsidered or it got completely closed ??? -I am not sure what exactly happened with my original petitioner and why my stamped visa got revoke.But OF-194 Refusal worksheet says There is no Qualifying employment for the beneficiary.My visa was revoked in a months time post successful stamping. Thanks, Will it impact my interview waiver for H1-B visa? My H1B got rejected by the consulate team with 221(g) form stating that. And they mark this office will contact you via email Does it mean they will refused my stamping forever or they are reviewing my case.. i am joe from nigeria, i work with a company in Nigeria with has it head office in usa and i was invited by our company in usa for our inaugural annual general meeting for the member of the board of the directors and shareholders. Got 221g on 6th December 2016. They must have a previously issued US visa of any type. I am little worried whether i can opt the drop box with entire family or not. You may also check Step by Step Guide to H1B Dropbox Stamping, Also, US Consulates have extended the H2 Visa (temporary agricultural and non-agricultural workers) interview waiver rule until the end of 2023 ( December 31st, 2023), December 23rd, 2022 : US Department of State announced that they are continuing the interview waiver for Non-immigrant visa holders until December 31st, 2023. What's being approved is the employer's petition to hire you as a nonimmigrant employee, which gives you the eligibility for H1b status. H-1B Visa Application Form DS-160 To get the entire stamping process started you must do the following: Submit Form DS-160, which can only be completed online at the Department of State website. Regards, Kumar, Hi, Could you please let me know what steps did you follow after 212a6c1. Note:-My current approved I-797 validity expired by sep/2016. Does MTR help ?? Canada H1B Open Work Permit Process, Documents, GUIDE, What is H1B Registration Process? You should have never been refused a US Visa at Visa Stamping. Hello guys i just saw that was Case got changed from Refused > AP. Suda, If you already have H-4 visa stamped, then you can travel to US on that visa. THIS is what to do if your H1B transfer is denied [2023] - Stilt You can travel and enter on an unexpired F1 visa, assuming that at time of entry you are either a full-time student or entering the U.S. on unexpired OPT. See the below screenshot confirming the same. 3. USCIS would contact them if they need any information. No 5. Hi, Please help me to answer this question ASAP I am in USA but my family (wife & kid) travelled to India and they got appointment there but individually. Do you know if your previous employer asked for withdrawal? You must be a citizen of the VWP designated country as per the US Dept of State. 4. 3. Contact Us, B1/B2 visa was denied with 214B visa refusal, DS160 Social Media Account Username Required (Facebook, Twitter, YouTube), Form 221g Blue, Yellow, White Reasons Canada, Mexico, India. The problem is my current employer have contract to server for certian period with me and i have pay some amount if i break the contract, please let me know if there will be any issue if i break the contract as my employer was not able to support with the document requested in 221g. H-4 stamping would not be impacted b/c from consulates perspective H-1 stamping has been refused and any pending adjudication is w/ USCIS and not consulate. Source:- http://bit.ly/2M3FEp8 Disclaimer:- https://bit.ly/2S00nLJ US Visa Interview Waived for certain H1B, L1, H4: GUIDE - RedBus2US I am getting slots in September 23 only..I understood that the waiver to other categories is upto 31st.dec22..If I book a slot for sep23 in waiver program will it holds good ..please advice so that I will try to get an early appointment in 2023. You can state personal reasons 4. Please advise. It is ok not to have payslips from US in this case. So that should take care of intent of working in US. A company approached me thinking that they had to file their employees H-1B in the new H-1B lottery, again, after their employees visa petition was approved with USCIS but rejected at the consulate. Is there any chances of rejection of H1 visa, since this will be my second travel to US on B1. You can check the below screenshot or Archive.org for the actual info. Sample 3: H1B Denial/ Refusal Decision Letter for 221g after Document Submission. We mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER. 1. If my Employer is withdrawing my case or petition after I resign, will my petition still be valid/Cap exempt to reuse in future. Depending on how it goes, you may have to change later. If your B1/B2 visa was denied with 214B visa refusal, then you should write:214B refusal. This is one good reason not to tell your current employer about plans to take a new job and transfer the H1B visa. If the COS was approved, the H1B approval notice comes with I-94 attached to it. Can I go with this approved petition with another employer or I can go only with this Employer. Section 212(a)(6)(c)(1) Which provides that an alien who seeks to procure, or has sought to procure, or has procured a visa, other documentation, or entry into the United States or other benefit provided under the INA by fraud or willfully misrepresenting a material fact at any time shall be ineligible for a visa. You should go to home country, or can go to CA, MX if you have done Masters in US (which you have). Can it be possible now to change and correct the visa, what are the possibilites. And later L1 visa rejected in 2019 at consulate. Answer: You can apply for an H1B visa up to 90 days in advance beginning of employment status as noted on the form I-797, Notice of Action, however your entry to the US is restricted to 10 days prior to the start date as noted in the Form I-797 unless you are already working on an H1B visa for the same employer. Once processed, they should file for H-1 amendment. You can start applying starting Apr 1, 2021. There is no need to worry if the denial reason was legitimate. Basically, this is something that your employer would apply with USCIS for working in US before you go for stamping and it is mandatory for stamping. Have you got any feedback from USCIS after petition returned to USCIS for review? This has more to do w/ your employer than immigration rules. H-1B Specialty Occupations, DOD Cooperative Research and - USCIS Kasi. After that there is no progress. You may have to change based on what the US dept of state tells later in the year. Did you appeal ? can I transfer now? The situation of visa slot availability is still very tight with long wait times, even as of December 2022 in many countries. Answer if H1B visa denied by US embassy. Also, though I got to know about my visa denial only when I raised a query to Customer care(support@ustraveldocs.com), but I have neither received the visa denial mail nor there is any visa denial stamp on my passport. US visa officer has details of all your previous applications and they can see both denial and approval in past. Try posting this on avvo.com. My son has applied for Student Visa F1 very recently through Drop Box Mechanism. Answer NO if petition was denied by USCIS. Rakesh, No, you will not be. I am in a similar situation. Or you suggest to do a H1 transfer to another Employer. Q26. Try the questionnaire, it will tell you. However, you already have 221g pending. Is she eligible for interview waiver? Or what kind of problem can I expect from them??? I have received a 221g and then my client couldnt wait anymore after 2 months and they released me from the project and since my contract ended, my visa was denied. 2. 2. You visited the USA multiple times using a B1/B2 visa. Stage 3: Going through the Non-immigrant Visa Application process with the Department of Homeland Security. The bottom line is that USCIS and consulates view cases differently. Please help me with my problem. Anyways, if your employer believes that denial was incorrect they can file for MTR, which can take several months to resolve. I say yes, and i tell him that im engineer of telecomunication. The local conditions in many countries are unpredictable with lockdowns and restrictions with the new variants of COVID.
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