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H1B Visa rejected in Mexico can we reapply in India


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#1 appyfizz

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Posted 08 November 2011 - 06:46 PM

Hello Friends,

My H1B Visa after 221G Admin processing got rejected in Mexico (Petition has been sent to USCIS). Can I reapply and plead my case in one of the Consulates in India with the same H1B Petition. I have all the documents in order and the reason given by the consular officer is vague. I have a supporting client. Should I give it a shot. Please guide me through.

#2 tar53

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Posted 08 November 2011 - 11:50 PM

What is the reason given to you on rejection?

#3 leo_maverick

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Posted 09 November 2011 - 09:19 AM

You can't really do much after Consul officer decided to send the petition back to USCIS. Now you only have 2 options.

1. Wait for the USCIS decision on your petition being sent to them by Consul officer- if they reaffirm your petition then you can schedule an appointment with Consulate to get your VISA stamped. The time period on this is 3-6 months

2. Since you have a supporting Client, ask them to file for an H-1 and get it approved. If your client is not willing to sponser H-1, then ask your vendor. This way you have more chances of making it to here in 30-45 days.

#4 mgty

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Posted 10 November 2011 - 05:27 AM

leo_maverick, based on the pt 2 you made....wouldn't it take an entire year to get a new H1? is there a way to get a new H1 petition and go back in 30-45 days? can you please provide more details about this. am also in a similar situation.

thanks!!

#5 sm11235@yahoo.com

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Posted 10 November 2011 - 11:16 PM

Hello Friends,

My H1B Visa after 221G Admin processing got rejected in Mexico (Petition has been sent to USCIS). Can I reapply and plead my case in one of the Consulates in India with the same H1B Petition. I have all the documents in order and the reason given by the consular officer is vague. I have a supporting client. Should I give it a shot. Please guide me through.



How were you notified that your application is denied? Did you receive an email? If you got the email, what does the email state?

#6 leo_maverick

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Posted 11 November 2011 - 10:22 AM

@mgty---Since you were already H-1B cap counted, find a new employer/client to apply a new H-1 with immediate start date. You don;t need to wait for an year to get a new H-1. Good luck!

#7 appyfizz

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Posted 12 November 2011 - 10:34 AM

I did not receive any email.. here's my story... I attended the Interview on Oct 25th... I got a 221g form to submit previous client letters and contract letters... I got in touch with my previous clients and they were helpful enough to give me client letters verifying my employment prior to the present client.. 2nd day I submitted those letters to the consulate.. Day 3 I got a call to submit my previous H1B petition and LCA.. I submitted them on the same day.. I got another call asking for ammended LCA my employer replied bak that I don need an ammended LCA as my past clients were in the same metropolitan area... I din receive any notification for 7 days.. On the 10th day I got a call for re-interview.. I went there and the VO called me din ask me anything.. he said he cannot issue visa and told me he is sending my petition to USCIS for revocation.. I asked him for the reason and he said previous employment irregularity... i din understand why was he concerned about my previous H1B employment wen he had to consider my present employment and there is no such irregularity too.. my present client and vendor everybody supported my current employment which din help me... as the reason given by him is vague can I not plead my case in one of the consulates in India?

#8 mgty

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Posted 13 November 2011 - 06:35 AM

@leo_maverick, thanks for your response! i have a few more questions around this...can i possibly contact you via email, if you don't mind. please let me know. thanks so much!!!


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