J001 Posted January 12, 2023 Report Share Posted January 12, 2023 Hello All, I came to USA in 2014 on F1 visa and got my H1B in 2021 ,I was working on OPT with consultancy but recently got full-time job with reputed company. I recently went for the H1- B stamping and received refusal of visa with 212 (a)(6)(c)(ii). What is the reason of the refusal? What is my next step? Am I allowed to apply for wavier? If yes , then how long the process will take? please let me know your thoughts. Quote Link to comment
Attorney_15 Posted January 12, 2023 Report Share Posted January 12, 2023 Generally, someone who has their H1B Visa application refused because of 6C can apply for the nonimmigrant waiver. As there is no required form, one can submit the request in response to receiving the refusal with an email or documents on their own or hire a lawyer to prepare a detailed request arguing for approval based on the specific legal criteria. You can apply for a waiver even if you do not know the reason why the 6C was made. In Murthy Law Firm's experience, one can often find out what agency made the 6C finding by emailing the Consulate that refused the visa to ask what agency made the finding and why. Generally, the Consulate will say who made the 6C finding - if it was them or someone else. It may also be possible to sue the agency that made the 6C finding in federal court to overturn the finding and remove it from a person's record. Murthy Law Firm's federal court litigation team has had some success in these types of cases for clients. Quote Link to comment
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