New H1-B VISA stamping concerns with previous denied H1-B extension

[patela_24]

Hello All,

I've a peculiar concern bothering me from a while regards to previously denied H1b and possibility of facing VISA appointment, re-entering U.S with new H1b...

My background:

I've been in U.S since 2008 with M.S from Stratford university from 2011. Got my initial H1B picked in lottery back in 2013 and approved for 3 yrs. Unfortunately this was in MS quota. So for this reason, USCIS claimed that my university being a private university doesn't qualify in MS quota, questioned my H1b extension in 2016 with NOID. My attorney failed to represent my case and my extension got denied. So, with expired I94 I've travelled back to India, started working in Bangalore. 

Fortunately, I've been working with same Company here in India. And due to position demands, The same company has applied my H1b with 5 yrs working experience (instead of using my Masters degree) in general quota FY2018, application got picked and approved. My company is preparing my VISA package (and for my spouse) and I'm planning to schedule joint appointment in Hyderabad consulate. 

I'm in a bit of tensed situation at this point; I'm kind of expecting questions from VO pertaining to my previous stay in U.S , like 'To elaborate how exactly my previous extension petition got denied?' , 'Why did I graduated from such University?' etc, Will I be scrutinized regardless of my New approved I-797 approval notice? .. Also, I'm still waiting on official offer letter from my Company but the immigration attorney firm associated with my company states that the I797 approval notice and VISA package (docs mentioning my title, prospective salary after starting as U.S employee etc) that they are going to ship before the VO appointment would be suffice for the interview. Is this a valid point? How likely can I get through the interview with out offer letter? Will I be subjected towards any Administrative processing (221G) due to my previous stay in United states?

I request professional attorneys and experienced individuals out there to please go through my concerns and provide your feasible inputs. Has there been any rules enforced lately in Trump administration that I should be aware of which can impede my stamping possibilities? Thanks much in advance. 

[patela_24]

Can someone please acknowledge my concern and provide their feedback.

[kiran436]

Hi,

I'm also facing similar kind of situation. My H1B transfer got denied due to having insufficient educational evolution from Stratford University. My I-94 also got expired and employer is filling a new petition in premium processing by providing strong evidences to USCIS correcting previous denial reasons. I also need to see what I kind of questions that need to face at US consulate. Currently I'm thinking how should I answer below questions.

1) were you Out of Status?

2) Why was your petition rejected?

3) were you staying illegally in US?

[bobvisa]

On 10/30/2017 at 10:00 AM, patela_24 said:

Hello All,

I've a peculiar concern bothering me from a while regards to previously denied H1b and possibility of facing VISA appointment, re-entering U.S with new H1b...

My background:

I've been in U.S since 2008 with M.S from Stratford university from 2011. Got my initial H1B picked in lottery back in 2013 and approved for 3 yrs. Unfortunately this was in MS quota. So for this reason, USCIS claimed that my university being a private university doesn't qualify in MS quota, questioned my H1b extension in 2016 with NOID. My attorney failed to represent my case and my extension got denied. So, with expired I94 I've travelled back to India, started working in Bangalore. 

Fortunately, I've been working with same Company here in India. And due to position demands, The same company has applied my H1b with 5 yrs working experience (instead of using my Masters degree) in general quota FY2018, application got picked and approved. My company is preparing my VISA package (and for my spouse) and I'm planning to schedule joint appointment in Hyderabad consulate. 

I'm in a bit of tensed situation at this point; I'm kind of expecting questions from VO pertaining to my previous stay in U.S , like 'To elaborate how exactly my previous extension petition got denied?' , 'Why did I graduated from such University?' etc, Will I be scrutinized regardless of my New approved I-797 approval notice? .. Also, I'm still waiting on official offer letter from my Company but the immigration attorney firm associated with my company states that the I797 approval notice and VISA package (docs mentioning my title, prospective salary after starting as U.S employee etc) that they are going to ship before the VO appointment would be suffice for the interview. Is this a valid point? How likely can I get through the interview with out offer letter? Will I be subjected towards any Administrative processing (221G) due to my previous stay in United states?

I request professional attorneys and experienced individuals out there to please go through my concerns and provide your feasible inputs. Has there been any rules enforced lately in Trump administration that I should be aware of which can impede my stamping possibilities? Thanks much in advance. 

As long as you are confident .. it should be fine. They might ask for a reason of denial on last petition and you can answer honestly. I know some people with similar situation went though the process without any issue. Good luck   

[bobvisa]

On 11/5/2017 at 7:31 PM, kiran436 said:

Hi,

I'm also facing similar kind of situation. My H1B transfer got denied due to having insufficient educational evolution from Stratford University. My I-94 also got expired and employer is filling a new petition in premium processing by providing strong evidences to USCIS correcting previous denial reasons. I also need to see what I kind of questions that need to face at US consulate. Currently I'm thinking how should I answer below questions.

1) were you Out of Status?

2) Why was your petition rejected?

3) were you staying illegally in US?

 I just saw your other post that you H1 is denied because of Bachelors ? Whats the exact reason you got a denial? 

[patela_24]

On 11/7/2017 at 8:37 AM, bobvisa said:

 I just saw your other post that you H1 is denied because of Bachelors ? Whats the exact reason you got a denial? 

Hello. Thanks for responding. I'll try to answer at my best and the rest if up to fate..

Btw, the previous Denial was in regards to the university and how it qualified under Masters quota for initial H-1B. On further responding to that NOID (that univ is accredited, not willful representation etc), USCIS acknowledged that the initial H-1b approval was in error and ultimately denied extension.