Need clarifications on my rejected H1B Visa


harish122320

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Hi,

I have applied H1-B visa in 2014 year quota and in stamping they have given me 221g and after couple of months they sent the rejected email.

In the document it was mentioned the below reason.


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 sextions of the INA
The services of the beneficiary are not anticipated by the client
Your case is administratively closed at the consular section.Consular officers apply a reasonable person standard: when evaluating the bonfides visa application (9 FAM 42.43 N2.2(3)). THa basis of the return of a petition for revocation.
Therefore, Pursurant to 9 FAM41.53 N2-3, the reviewing officer has decided that the petition should be returned to the USCIS with the recommendation that it be revoked.
If the USCIS revokes the petition the beneficiary may become ineligible for a visa under immigration and nationality act section 212(a)(6)©(i) (or other appropriate section )


My questions are:

1) Is there any impact if I travel to US on B1 Visa?
2)My wife will be attending  H1B stamping in a month, So can I attend H4 visa along with her? will they stop me for H4 visa ?
3) Earlier in 2007 I had H1B visa (stamped as well)  and did not used it, Can I try for H1 B cap exempt with another employer who is ready to sponsor H1 B ?


Can anyone please respond to my questions.


Thank you,

Hari

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  • 1 month later...

Hi,

 

I have one more clarification needed. Can you please respond it.

 

I have applied H1 B visa in 2014 year Quota and its got Rejected in consulate with employer A.

 

Now,  My current employer B is  ready to file H1 B visa under Cap Exempt, but once rejected can we allowed to use the same  petition with different employer ?

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Hi,

I have one more clarification needed. Can you please respond it.

I have applied H1 B visa in 2014 year Quota and its got Rejected in consulate with employer A.

Now, My current employer B is ready to file H1 B visa under Cap Exempt, but once rejected can we allowed to use the same petition with different employer ?

If your H1B visa is rejected after approval of H1B petition you are cap exempt.
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  • 7 months later...
Hi,

I have applied H1-B visa in 2014 and Petition was approved but in stamping they have given me 221g and after couple of months they sent the visa rejection email with the clauses as below.

9FAM 42.43.N2.2(3)

212(a)(6)©(i)

 

Your case is administratively closed at the consular section.Consular officers apply a reasonable person standard: when evaluating the bonfides visa application (9 FAM 42.43 N2.2(3)). THa basis of the return of a petition for revocation.

Therefore, Pursurant to 9 FAM41.53 N2-3, the reviewing officer has decided that the petition should be returned to the USCIS with the recommendation that it be revoked.

If the USCIS revokes the petition the beneficiary may become ineligible for a visa under immigration and nationality act section 212(a)(6)©(i) (or other appropriate section )

 

My question is:

 

My current employer is ready to file H1B visa under Cap Exempt quota, Can that possible to file? Heard that the clause (9FAM 42.43.N2.2(3), 212(a)(6)©(i)) which was rejected for my H1 is bit complicated and Visa cant approve if you apply again. Is  that true ?

 

 

 

Thank you,

Harish

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