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goodluckishere

Visa Rejected - what options do I have?

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Visa Interview: Dec 12th

Issued blue 221g requesting almost all documents from employer and my tax returns, pay slips and bank statements

Document submitted: Jan 10

Received email on Jan 17 asking to visit consulate

2nd Interview/visit: Jan 19

Was asked the same questions again, client location, work location, manager location, how manager assigns and reviews the work. No documents were asked and gave me yellow slip.

I sent an email to vfs asking my case status and today I got a reply saying that my petition has been send to KCC for possible revocation.

I seriously dont believe this. I dont see any reason why they should reject my visa.

How can I check with USCIS about my case? I want to reconfirm my case status.

What options do I have now if its rejected?

Can my employer do something about this?

Please advise

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Are you on EVC or EC model?

How can I check with USCIS about my case?: Go to their case status website, punch in your Receipt Number and they will display it...

What options do I have now if its rejected?: Re-file thru same or different employer

Can my employer do something about this?: Probably USCIS will have question for employer, ask them to reply OR ask them to file a NEW petition.

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I was on EC model. I think the issue was with my work location. I was working remotely from CA(home office), my manager is in NJ and my client is another state. My case may not be strong enough to show employer-employee relationship.

On checking the status of h1 receipt it still shows the old status - saying my petition was approved on so and so date.

But, till my employer works it out with USCIS by filing new petition, can I work from India?

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Chances of this current petition rejection are high.

Even if your employer files your H1 again, chances of approval are less... even if it gets approved.... you still need to get stamping done.... you will be in the same cycle over and over again... find a new employer or get the client to file for your h1....

You can obviously work form india if your employer and client are okay with that

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Yes, you can work (if you and your employer wish so).

There may be tax implications in that country, for which you can talk to tax consultant.

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@ Chitown01 You are right. Even if my employer files new h1 petition, I again have to go for stamping and not sure how time it will take for everything.

What if I resign and then go for H4 stamping now? Once I reach US, ask my employer (My employer might agree) to rehire. Will that create problem for my new h1 or h4-h1 COS? Is this doable?

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What if I resign and then go for H4 stamping now? Once I reach US, ask my employer (My employer might agree) to rehire. Will that create problem for my new h1 or h4-h1 COS? Is this doable?

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You can go for H4 stamping anytime... you dont have to resign and alll

Once u re-enter us on h4, you CANNOT work with new employer

He has to file a new petition with Change of Status, get approval with new I-94 and then only you can start working for the employer.....

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It looks like I cant fill DS-160 (for H4 visa) until I resign my current company.

DS-160 asks for primary occupation which would be home maker when I will travel to US on H4. Then the 2nd question is about my previous employment and I can not submit this section of DS-160 without entering the employment end date.

I am still employed with my current employer.

But, till my employer makes some decision I want to get my H4 stamped.

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You can go for H4 stamping anytime... you dont have to resign and alll

Once u re-enter us on h4, you CANNOT work with new employer

He has to file a new petition with Change of Status, get approval with new I-94 and then only you can start working for the employer.....

So if I get my H4 stamp now, can I continue to work for my employer from India? Will my H4 stamp affect my H1 petition (which is with USCIS for review/revocation)?

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As long as your employer is ok with you working in india it should be fine however there are several other implications of it as well like for example tax implication and you status while working wtih him

Yor H4 will have no bearing on your h1 petition's review.

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My employer attorney told me that I can work from India till my petition is not revoked by USCIS. He says he cant guarantee that my petition will be approved and there is no time limit for this process. I am thinking of filling H4, find another job and then resign and travel on H4.

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As long as your employer is ok with you working in india it should be fine however there are several other implications of it as well like for example tax implication and you status while working wtih him

Yor H4 will have no bearing on your h1 petition's review.

What do you mean by "your status while working wtih him"? I thought "Status" comes into picture only when the person is in US.

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