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anitha reddy

Waiver on grounds of Ineligibility

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Hi Attorney,

Unfortunately my h1 visa has been refused recently due to overstay issue.

I need your help in filing the waiver.kindly advice.

Edited by anitha reddy

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seek legal advice rather than forum advice.....however, since you (apparently) applied for a non-immigrant visa, if you are otherwise qualified for the H1b (which we don't know for a fact), then the CO should have mentioned applying for a 212 D 3 NIV waiver....which is normally done at or near the same time as the interview.....it does not require an I-601 - but instead is a somewhat less formal application process that relies heavily on the opinion of the interviewing CO.....you should make an appointment with the consulate to continue this process...remember, the COs recommendation is an integral part of a future waiver approval, and if you lied during your first interview, you will not likely have earned any more trust from that CO when seeking a waiver....all the CO has to do is to NOT recommend that a waiver be approved and your chances will sink rapidly to near zero...

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