H1 B Visa & B1 Visa rejected

Goutham

By Goutham,
in H1B : General

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Goutham Newbie

Goutham

Posted
Posted

Hi,

US Business Visa was stamped on Dec 2008(Cmpany : Mphasis), later on I travelled to US. I stayed in USA (NJ) till Feb, 2009. Unfortunately, my passport was stolen in the month of Feb 2009. I reported to the local police they gave a FIR copy, I went to the local india embassy (New York) and applied for a new passport. The paaport was issued but I do not have the business visa, I reurned back to India. Later on in 2011-2012 H1 B quota I applied for a H1 B visa (through an external vendor) and attended the visa interview in New delhi but I was issued a 221G form till now I haven't yet any call from USCIS regarding the issued 221 G. Presently I am working with CSC, recently to attend a business conference my employer (CSC) filed for a Business visa and I attended the interview a week ago the consular office asked me

1) Did you loose you passport, I said

2) You attended for H1 B interview in delhi what happened, I said 221 G was isssued

3) Why are you going to USA, I said to attend business meetings

that's all he said I cannot issue visa at this point of time as you lost your passport. I said him that I have the police FIR copy, invite letters from both client and CSC but he denied visa to me. Now my company is planning to file for a new B1 visa and parellely they are processing H1 B in this year quota.

Could any one please tell me what precautions should I take while nattending the new interview.

Biggest mess which I did is applying for H1 B in the year 2011 through an unknown employee.

Please advice

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ImmiSpecialist Advanced Member

ImmiSpecialist

Posted
Posted

First of all you have to close the H1B case which you applied and got 221 G. Because if you applied new H1, it wont accept as you already applied to H1 in last year quota. Track the status of 221G through USCIS.

One completed the above process only, u can apply any visa until that don't do that. Visa will rejects every time and become head-ache to you in future.

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ImmiSpecialist Advanced Member

ImmiSpecialist

Posted
Posted

Thank you for your reply.

I am new to this process, could you please let me know how can i close the case.

Or else can I transfer the I 797 which was issued with 221 G to my new employer as the I 797 is valid till Jan 10, 2014

ya u can transfer.... but as per experts and recent cases suggestion is better to close the case with old employer only. Becoz they only applied H1 to you.....

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  • 2 weeks later...
DontWorryBeHappy Advanced Member

DontWorryBeHappy

Posted
Posted

@Goutham, Here is my analysis as per my knowledge about your situation.

1st Mistake: When you lost your old passport with B1 visa. Once you go back to India, you should have informed U.S. Consulate about that to get the B1 visa on your new Passport again. There are some instructions available in the U.S.Consulate website regarding lost passports.

2nd Mistake: Having H1-B filed with an unknown company I guess probably it is with a Consulting company. In these times, it's impossible to get a H1-B visa through a consulting company. Everybody is getting 221(g)s for H1-Bs even if they have solid working history in USA for 5-10 years. Anyway this is not your mistake, you got 221(g) because of the employers inability to prove employer-employee relationship.

3rd Mistake: Applying for a B1 visa after appearing for an H1 visa which is a dual intent(both immigrant and non-immigrant) visa where as B1 is a single intent visa(non-immigrant). Usually Consulates doesn't approve B1/F1 visa once the candidate showed a dual intent (L1/H1).

Don't do the 4th Mistake: Not acquiring knowledge about US visas & current trends before proceeding any further.

Current situation: Your current employer may apply for a H1-B visa. Are you going to work with a client in the USA with this new assignment or as a full time employee for CSC in USA? I am asking this question because if your employer is full time that means no clients involved you have very good chances of getting your visa approved in-spite of your previous 221(g) denial.

If the travel is very urgent, you may inform your employer about your previous H1-B I-797 approval(submit a copy of the same, they will use the USCIS receipt # to transfer) and you can be cap-exempt and can start immediately once you get your I-797 approved and once you get the H1-B visa approved instead of waiting till Oct 1st in the case of cap dependent cases.

Coming to earlier 221(g) case, if you wish you may send a mail to VFS to withdraw the H1-B visa application mentioning details and they will do it for you. Or you may choose to leave it as is to complete the 221(g) process. Or you may withdraw the same in the new H1-B visa interview if the consular officer asks about that.

It's not a bad idea to consult an experienced attorney in such complicated cases to avoid any further complications. You will realize it's worth an investment once you consult.

Good luck for you..

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  • 4 weeks later...
  • 1 year later...
Dgoswami Newbie

Dgoswami

Posted
Posted

Hi Goutham,

 

I have a same problem.

 

2009 I lost my Passport with valid B1 visa. help of FIR and other doc I am manage to get new passport from san francisco. 

 

2009  I reurned back to India. Later on in 2011-2012 H1 B quota I applied for a H1 B visa (through an external vendor) and attended the visa interview in New delhi but I was issued a 221G form, after submitting the required forms on Dec I got rejection letter from embassy.

 

My current employer are planing to processing H1 B in nxt year quota. I am not sure how to close old h1 application.

 

It is very disappointing everytime to face visa issue.

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