No Rejection Letter from US Consulate

[svikram12]

Hi All,

I went for stamping in Delhi in Dec 2011. VO rejected my visa giving me different reasons like

1) I am not eligible for H1 ( although he checked only passport and approval notice). I am in IT industry for over 13 years. I earlier had L1 and B1 visa as well. He cancelled my B1 visa as well during H1 interview.

2) My employer is not eligible for H1.

3) They are not able to estblish employee-employer relation.

In the end he handed over my approval notice and passport to me.

My question is, they did not give me any document neither I have recevied it so far, its more then one month now, nor my employer recevied any communication from USCIS ( as VO told me that they are sending back my petition to USCIS to revoke it. I know that procedure takes time).

What do you suggest, should I try to go again for stamping based on my earlier approval since I haven't got any letter / slip from US Consulate which says that my visa is rejected.

Please advice.

[Attorney_5]

Generally speaking, the Consular Officer should give you a written denial notice that explains the reasons for the denial of your H1B visa application and also notes that your employer's H1B petition is being returned to USCIS for possible revocation. This is often a 2-page document with a summary of your statements made during the visa interview on the 2nd page.

If you try to apply for another H1B visa using the same I-797 approval notice, you should be denied as that H1B petition is no longer valid for visa purposes until the USCIS has reaffirmed it and communicated this reaffirmation to the Consulate through its Kentucky Consular Center, which can take months.

If you would like to discuss you and your employer's options for addressing the failure of the Consular Officer to issue to you a written denial notice and what you can do about trying to get back into the U.S. sooner, you may want to consult one of the experienced immigration attorneys at Murthy Law Firm.

[svikram12]

Generally speaking, the Consular Officer should give you a written denial notice that explains the reasons for the denial of your H1B visa application and also notes that your employer's H1B petition is being returned to USCIS for possible revocation. This is often a 2-page document with a summary of your statements made during the visa interview on the 2nd page.

If you try to apply for another H1B visa using the same I-797 approval notice, you should be denied as that H1B petition is no longer valid for visa purposes until the USCIS has reaffirmed it and communicated this reaffirmation to the Consulate through its Kentucky Consular Center, which can take months.

If you would like to discuss you and your employer's options for addressing the failure of the Consular Officer to issue to you a written denial notice and what you can do about trying to get back into the U.S. sooner, you may want to consult one of the experienced immigration attorneys at Murthy Law Firm.

What could be the reason of not giving me any document which states the reason of denial ?.

[arjunmca]

Hi Attorney5,

My case has been pending since 17 months. I had interview on Sep 9th 2010. They issued 221g yellow and asked me to submit few documents. I have submitted those documents immediately. Since then my case has been pending.

Consulate neighter approved nor rejected my case. Whenever i contact consulate for status, they say that my case is under process. Every time same reply.

How can i approach them?

Thanks,

Arjun.