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sruthiwsk

Visa Stamping for Third time

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Hi All,

I got my visa rejected twice in Hyderabad consulate for following reasons. In both the cases, employer is same and I went in EVC model.

a) First petition got rejected for not amending the petition to new client place location

b) Second petition got rejected for not mentioning middle vendor details in "Letter to USCIS" letter.

Now I changed my employer and got H1 approved with in-house project. My question now is

1) What do you think are my chances this time as this is third visa stamping interview? or it doesn't matter whether this is 2nd or third time visa stamping?

2) Which consulate should I attend? I want to go for chennai this time but I heard that person staying more than 6 months in india has to attend nearest consulate. Is that true? Also when compared to my permanent address hyderabad consulate is near to me but when compared to my work location chennai is near to me. Which one can I go?

Please reply. Thanks for your help.

Regards,

Sruthiwsk

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1. Chances of approval depend on the credibility of your new employer. If the employer and in house work is legit you shoudnt have problem with stamping.. They will have your information regarding previous denials so don’t lie.

2. You can choose to go to any consulate, there is no rule. Ideally, you should go to the consulate that handles jurisdiction to your place. There is nothing like this consulate is better than the other one, it all depends on your case.

Good Luck !!

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third stamping will be little tough for you when you already have two rejections within one year, dont want to discourage you but third time it may go little difficult and your petition was approved for an inhouse project, chances are you might land up with 221G for detail about project, company strength on the project, funding, scope etc. Nothing is wrong with your petition but this is how these consulate guys are doing with everyone.

but you already have an approved petition then should go for it and try your luck, I wish you all the best and please keep posted to this forum about your updates.

You can go to chennai as permanent address can be different but if you are living in chennai for more than 6 months then you can go there, but if not then still it depends how long you have been in India and out of this time how much time in chennai.

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Hi Sruthiwsk,

I am in the same situation as you and my 2 petitions were sent back to USCIS for the same reasons in Hyd.

I got my new petition approved from my vendor for the same client. I am also thinking of attending the Chennai consulate instead of Hyd but my attorney told me not to go to Chennai if the dates are available in Hyd. If the interview dates are not available in Hyd then we can go to Chennai. Not sure what to do now... kind of confused.

I your case i think you can attend the Chennai consulate as you are working near Chennai which is a valid reason.

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Hi @sruthi,

Good luck for the interview and do keep us posted about the result.

@srreddy

can i know the reason for the rejection in both the times?

what model are you EVC or EC?

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Hey,

My visa was rejected twice in Hyd. So dont think about 6 months rule. Go to chennai, that is some what better than Hyd.

"Consulate shopping" does not work in this day and age.

They all have the same information. In particular, they can see the previous denials.

And "inhouse project" is a red flag, anyway. Consultants usually don't have inhouse projects.

If it is a real inhouse project, there would have to be a business plan to market that project. Developing something in-house is expensive, and most consultants, in particular consultants using the EVC models, are unlikely to have the kind of money needed for a real, legitimate in-house project.

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At least Chennai consulate people are more courteous.

VO's at Hyd consulate were totally unprofessional and rude, they rejected my visa twice- one on EVC model and second was EC model). Not saying this because my visa was rejected.

There is no logical reason for rejections. When EVC and EC is not a legitimate business in US then why USCIS did approved the petition at all (that means they are just collecting agency, charging huge fee).

If intention is to eradicate small employers (desi companies) who don't pay employee on bench, do not maintain company policies or have offices then USCIS should verify the credentials of the company before approving the petition and put forth eligibility criteria ahead whether company can file H1B or not.

why no one cares about the Employee employer relationship when you are in US, they start investigation whether you are maintaining employee employer relationship only when you go outside US

Apart from business/financial loss we have to go thro. pain and suffering , its the uncertainty of the process that adds to the frustration, complete nightmare with continuous stress and anxiety for the whole family. Checking mails, status in web sites, calling consulate and VFS every day and hearing the same response adds to the frustration.

I guess VO are getting little inhuman and abusing the 221g.

All the best to everyone!

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At least Chennai consulate people are more courteous.

VO's at Hyd consulate were totally unprofessional and rude, they rejected my visa twice- one on EVC model and second was EC model). Not saying this because my visa was rejected.

There is no logical reason for rejections. When EVC and EC is not a legitimate business in US then why USCIS did approved the petition at all (that means they are just collecting agency, charging huge fee).

If intention is to eradicate small employers (desi companies) who don't pay employee on bench, do not maintain company policies or have offices then USCIS should verify the credentials of the company before approving the petition and put forth eligibility criteria ahead whether company can file H1B or not.

why no one cares about the Employee employer relationship when you are in US, they start investigation whether you are maintaining employee employer relationship only when you go outside US

Apart from business/financial loss we have to go thro. pain and suffering , its the uncertainty of the process that adds to the frustration, complete nightmare with continuous stress and anxiety for the whole family. Checking mails, status in web sites, calling consulate and VFS every day and hearing the same response adds to the frustration.

I guess VO are getting little inhuman and abusing the 221g.

All the best to everyone!

There will be no answer for such questions from the experts in the forum because the "facts cannot be argued.............USCIS mantra....Use the consulatnts as long as they are in the country and approve their H1Bs and get the work done for the US clients... when the consultants leave US they can show him/her all the rules which they never come across while approving H1B (first time or extension).......I don't think, consultants dare to take the documents (for visa stamping) other than the ones what they submitted during H1B extension.. when same documents are approved by one officer in the immigration department of the US govt, how can it be denied by another officer of the same department (or of the same umbrella)? Are they both misinformed about the rules or they playing with the emotions of the consultants and their families? I may be bit wrong about the info I wrote in the next few lines..but I am writing whatever I could get sense of after going through the different H1B rules.. H1B has been there for quite sometime....How come the US govt realized the importance of employee-employer relationship suddenly in 2010 and release the memorandum and VOs started learning the rule all of a sudden and applying the rule however they understood (making consultants think that getting US visa is their fate not based on some rule/logic..two EVC model guys/girls.. one get visa and the other does not get visa based on the factor of maintaining/not maintaining the employee-employer relationship...no real logic). Logically speaking, there is no way an employer manager (not the client manager) assigns the work to the consultant at client location in EVC model (one of the clauses in the 2010 memorandum).. when the client does not even entertain a company (employer) in dealing the business matters (Purchase Order, resume submission etc), how can someone think that the client entertains the employer manager (not the client manager) assigns the work to the consultant and controls the employee? How practical is this.. ABSOLUTE HYPOCRICY...... If the US govt think that the consulting copmanies (Desi companies the E in EVC model), are not eligible to maintain the employee-employer as per the memorandum, why the hell they are approving the H1B petitions of these companies and showing hell to the consultants when they go for visa stamping? Is the US govt following the rule of "when someone apply for H1B they pay around 3000-4000 US dollars as fee so approve it because they can raise the funds for US federal budget and when someone applies for US visa stapming the fee very minimal so the VO can take whatever he/she feels appropriate to him/her????

I am sure a lot of people will attack me for writing this but my gut feeling (based on the H1B rules I have gone through) is at least 40-50% of the statements I wrote cannot be denied....Any comments are welcome.

Thanks

h1bxplorer

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There will be no answer for such questions from the experts in the forum because the "facts cannot be argued.............USCIS mantra....Use the consulatnts as long as they are in the country and approve their H1Bs and get the work done for the US clients... when the consultants leave US they can show him/her all the rules which they never come across while approving H1B (first time or extension).......I don't think, consultants dare to take the documents (for visa stamping) other than the ones what they submitted during H1B extension.. when same documents are approved by one officer in the immigration department of the US govt, how can it be denied by another officer of the same department (or of the same umbrella)? Are they both misinformed about the rules or they playing with the emotions of the consultants and their families? I may be bit wrong about the info I wrote in the next few lines..but I am writing whatever I could get sense of after going through the different H1B rules.. H1B has been there for quite sometime....How come the US govt realized the importance of employee-employer relationship suddenly in 2010 and release the memorandum and VOs started learning the rule all of a sudden and applying the rule however they understood (making consultants think that getting US visa is their fate not based on some rule/logic..two EVC model guys/girls.. one get visa and the other does not get visa based on the factor of maintaining/not maintaining the employee-employer relationship...no real logic). Logically speaking, there is no way an employer manager (not the client manager) assigns the work to the consultant at client location in EVC model (one of the clauses in the 2010 memorandum).. when the client does not even entertain a company (employer) in dealing the business matters (Purchase Order, resume submission etc), how can someone think that the client entertains the employer manager (not the client manager) assigns the work to the consultant and controls the employee? How practical is this.. ABSOLUTE HYPOCRICY...... If the US govt think that the consulting copmanies (Desi companies the E in EVC model), are not eligible to maintain the employee-employer as per the memorandum, why the hell they are approving the H1B petitions of these companies and showing hell to the consultants when they go for visa stamping? Is the US govt following the rule of "when someone apply for H1B they pay around 3000-4000 US dollars as fee so approve it because they can raise the funds for US federal budget and when someone applies for US visa stapming the fee very minimal so the VO can take whatever he/she feels appropriate to him/her????

I am sure a lot of people will attack me for writing this but my gut feeling (based on the H1B rules I have gone through) is at least 40-50% of the statements I wrote cannot be denied....Any comments are welcome.

Thanks

h1bxplorer

HI h1bxplorer,

I dont think anyone will attack you for writing all this. Its clear how frustrated you are with the system. I am with u dude.. Totally agree with you.. Just today I read an article by Arun Kumar - on US changing its visa rules for highly skilled professionals, where by some H4 applicants can also work.. Not sure if you are aware about that. This will add on to ur frustration more.

If you dont mind me asking you, when did u go for the visa interview & which consulate ?

Thanks,

Tejal

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@H1bxplorer- I do agree with you on couple of points as two governing bodies of a country have conflicts on an approved petitions and simply playing golf with the career with lot of candidates. Points which you raised about the work control as a consultant is vary depending upon the circumstances at the client site. Neither you nor your employer can intervene with the client business ruel you have to work accordingly with them.

There are lot of people here who hve frustration about this situation but no one want to raise the voice agains it and get noticed............... I agree this is completely unethical and simply action of wrong intention, they are discouraging the H1b applicants by doing such acts, moreover (nothing personal to the canada candidates) EVC models are getting approved in canada but not in India under any condition or simply 1 or 2 cases out of 100s.

so how this discremination exist with the same model in different countries consulates, dont want to hurt any ones feeling but in India its been completely ruined.

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Thanks All for your valuable advises. I don't have my appointment scheduled yet but now prepared to have it in chennai and will post you all what happened about my case after that.

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HI h1bxplorer,

I dont think anyone will attack you for writing all this. Its clear how frustrated you are with the system. I am with u dude.. Totally agree with you.. Just today I read an article by Arun Kumar - on US changing its visa rules for highly skilled professionals, where by some H4 applicants can also work.. Not sure if you are aware about that. This will add on to ur frustration more.

If you dont mind me asking you, when did u go for the visa interview & which consulate ?

Thanks,

Tejal

I have not attended my interview yet.. planning to go in April (may be Canada). I have been following the forum for the past 3 months (RECENTLY REGISTERED) and tried to understand what exactly this H1B funda (in detail rules etc) and what the buzzword "EMPLOYEE-EMPLOYER RELATIONSHIP" means..... Have gone through the Jan 2010 memorandum and felt the HYPOCRICY when I tried reading it as if a journalist tried reading a news paper (between the lines). By looking at the plight of some consultants who are experiencing the pain of sleepless nights...... I wrote down all my feelings...... Apart from expressing frustration in online forums like these what else can we do?? After all, we are immigrants in this country ...not citizens....

Thanks

h1bxplorer

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By the way, I would like to appreciate your posts. They make sense to us, and hope even to USCIS and DOS as well. USCIS & DOS goes with the rules set up by political guys in US Government. I am convinced by reading more articles in internet that Senator Grassley is the one of the main persons behind all these new rules & memos. Just go through the articles in <<http://www.grassley.senate.gov/issues/Immigration.cfm>>, u will understand what I am talking about. Anyways it's their country, they could make whatever the rules they want to make based on their domestic economic situations. We must learn to accept that and need to MOVE ON. We know the trend but still choose to give it a try because of various personal reasons but not for even one single professional reason. If you want to build your career & future in US in these situations, don't come to India until you get GC....

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"Consulate shopping" does not work in this day and age.

They all have the same information. In particular, they can see the previous denials.

And "inhouse project" is a red flag, anyway. Consultants usually don't have inhouse projects.

If it is a real inhouse project, there would have to be a business plan to market that project. Developing something in-house is expensive, and most consultants, in particular consultants using the EVC models, are unlikely to have the kind of money needed for a real, legitimate in-house project.

100% correct and agreed !!!

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Hi All,

My new employer asked me to schedule an appointment in hyderabad. So I have to do in hyderabad even though I wanted to have it in chennai. Also I don't see all the dates opened for candidates whose visa got refused twice in last 12 months. Can anyone of you please let me know y there are very few dates if your visa got rejected twice? Right now i observed only friday of every week is only opened. To be bad luck 23rd of this month is a holiday in hyderabd consulate. So, i cannot schedule my appointment till 30th of this month. Now i am worried if it gets too late what would be the effect of it when i go for visa interview.

Anyone please suggest your opinions on my case. What should i do..Thanks in advance.

Regards,

Sruthiwsk

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Please reply. Why there will be only one date opened if your visa gets refused twice in last 12 months?

Thanks & Regards,

Santhosh Kasturi.

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One reason could be -

If rejected twice there are high chances that anything significat has changed in less than a year to get it the third time, so they may want to give max open slots to someone going for the first/second time stamping as opposed someone who has been there multiple times in quick succession.

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