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Prem.chn

Matamoros H1B renewal Visa Denied -Confused

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Hi All.

I went to stamping for H1B renewal at matamoros today but the Visa officer rejected my Visa and also stamped "Cancelled Without Prejudice" on the existing H1b visa valid till SEP12 2011.. the reason for denial is that i go my stamping on 10 jan 2010 and i enter US on 7th april 2010.. I dono what is problem with that. i had two months notice with my employer in india and then i had to do my preparations. Now i am in US with a temporary i94 card which is given based on B2 visa(i already had)it is written that i must go india within 10 days and get H1b stamped.. My employer is saying that he can pass a amendment and change the B2 to H1B..Is that a good idea? please advice experts..

thanks

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Hard luck. I havent seen this case anytime before. Were you working with your previous employer in india during that time frame?

When did you file your H1 petition? 2009/2010?

And was your H1b approved for 1year?

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Thanks for responding..

@MVSR845 - Yes i was working with my employer in India and i have the letter as proof from my empoyer in india..

My H1B was approved for 2008/2009 but because of recession i didnt go for stampung until Jan 2010.

@dealguy007 - No the only question VO asked was when did i get stamped and when did i join the employer.. thats it and he asked me to show the W2. then

The interview lasted only for 3-4 min.

Thanks,

Prem

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That sucks man! Not sure if the VOs argument is even valid! Anyways.. do what you employer is telling you. That is the only way to start working legaly in US and get your I-94 extended beyond the 10 days period, provided you file and get a h1b receipt notice/number for your h1b petition before the expiry of the I-94.(premium processing). Worst case if this petition gets rejected, you will have to leave the country immediately and get your visa stamped in India (which you would have done anyways if you had not come back to US).

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If your existing visa is still valid you can not get another visa untill they cancel the existing one.

Given that you should have gone to US consulate only after Sept 12th 2011.

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I am not sure why VO has objection on this.

I know my friend has visa stamped in 2006 and he came to US in late 2007.

He also had 1 more stamping done in 2009 ( I guess )

I think VO did not understood your case properly, I strongly recommend to contest for this and you never know you can win the case.

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1.Leave the country before the I-94 date and appear for stamping in India

2. Convert my B2 status to new H1(cannot work until approved)

This is what my attorney told me. I am unable to decide upon this. Please let me know your thoughts

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@Ashu_chicago - There was another guy who got denied the same day in matamoros consulate for the same reason as mine and he was asked to get stamping from india but his existing valida visa was not "cancelled" but he was interviewed by a different VO.

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@Prem.chn I saw your post some where in forum that there are more guys like you who were denied visa because their W2's don't reflect LCA. I am in same boat. I am planning to go for stamping to mexico but now I am confused.

I was in India for about 1 year from 2009 to 2010 so my W2 from 2010 and 2009 doesn't reflect LCA amount. I was out of USA for almost 1 year but was not out of state in terms of H1B VISA. Is this going to be a problem while H1B renewal stamping?

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The w2 and lca in my case was not a problem. My w2 was infact high.. I just had three months gap. Dont go matamoros if you have gap. The officers were strict, one of the officer infact asked to another guy who came with me, "did he come to matamoros thinking it will be easy and thought they won't ask for any doc.. "Btw that guy got stamping after 30 min discussion...

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Originally posted by Prem.chn:

The w2 and lca in my case was not a problem. My w2 was infact high.. I just had three months gap. Dont go matamoros if you have gap. The officers were strict, one of the officer infact asked to another guy who came with me, "did he come to matamoros thinking it will be easy and thought they won't ask for any doc.. "Btw that guy got stamping after 30 min discussion...

Thank you for your response.

So do you think its going to be a problem even when I was not out of status while on H1B? Will they accept my cause of personal reasons for being in India? I am working for this employer since Feb 2008 when I was on (F1)OPT. And working without any break since Sep 2010. Shouldn't they be checking recent pay stubs?

If even this is not enough I'll surely consider going to India instead of going to Mexico.

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Originally posted by visa@nogales:

Originally posted by Prem.chn:

The w2 and lca in my case was not a problem. My w2 was infact high.. I just had three months gap. Dont go matamoros if you have gap. The officers were strict, one of the officer infact asked to another guy who came with me, "did he come to matamoros thinking it will be easy and thought they won't ask for any doc.. "Btw that guy got stamping after 30 min discussion...

Thank you for your response.

So do you think its going to be a problem even when I was not out of status while on H1B? Will they accept my cause of personal reasons for being in India? I am working for this employer since Feb 2008 when I was on (F1)OPT. And working without any break since Sep 2010. Shouldn't they be checking recent pay stubs?

If even this is not enough I'll surely consider going to India instead of going to Mexico.

Bouncing up for response....

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Hi Prem.Chn

I am in same boat, went to metamoros & vo asked me to go to home country. I have got B2 temp I-94, when i spoke to our company lawyer he was suggesting to apply H1-B & try for Change of status.

Can you share your experience, is doing this process is legitimate or there are any catches just want to check if it come back & bite us at green card stage.

Thanks

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It is completely legal but the problem is that you should be ready to leave the country if h1B is either denied or if you receive a new H1B without i94 and you wont be able to work until the time you get your h1B approved. If you are planning for change of status then i would say do premium.

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Thanks Prem

Have you tried applying for H1-B , if so did you got I-94.I hear probability is 50 - 50.

Or if you went for stamping in India , do hey ask you about Matmoros interview.

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the chances of change of status is good if you have all the documents.I am in india now as I dont want to complicate things by applying for a change of status as i had to travel India by end october for a function and i will have to any way get stamped then... btw i went for stamping yesterday and it is approved..

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VO: What are you doing in US

Me: I am working as a Software engineer with my "Company" at one of thier client site(client name)

VO: How long were you with "Company"

Me:17 months

VO:How many vendor do you have?

Me: ONe

VO:who cancelled you visa?

Me:I had gone to mexico for interview and for some reason the VO their had cancelled and he didn't give me the reason

VO: what is your annual income:

Me: ******$

VO:Can you give the copies of I-129 and document submitted to USCIS

Me: I gave the documents

VO: Can you show me your recent paystubs?

Me:

VO: your visa is approved and we will courier it to you in a week

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CONGRATULATIONS!!!

Can you please tell us what different you did so your visa was approved next time in Chennai?

I am baffled that with all documents you didnt get visa in Mexico, but with same docs you got in Chennai, is it luck factor or something else?

Also, was your petition revoked?

Did you contact your employer/lawyer for additional support of documents and it worked?

Awaiting to hear from you

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Very good news Prem Congratulations

Did you also got 221g in mexico ?

we have given white 221g & said "I am not denying your visa go to india for stamping as they know better", it says he see some conflicting information on my company & for my wife he has given question on education qualification, where she has engineering in Electronics & working as software engineering.

I am taking letter from our company lawyer & for my wife we have requested to do educational evaluation

we are also planning to go to India,Hyderabad consulate for stamping , so not sure if they will have all information from Mexico consulate & if he asks what should we say ? any suggestions ?

Thanks for your prompt response.

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Hi raghuvar

Can you check with our friend , if he has got stamped on Temp B2 I-94 212 (D)(4) , while entering into US temporarily.

I am assuming he got approval with new I-94.

Thanks.

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