H1B stamping after 2 H1B visa rejections

[rajMarch212011]

Dear All,

I was in US from Nov 2007 to Mar 2011 when I came to visit India after extention of my stay. As I had an expired visa I went in for stamping at New Delhi on march 21, 2011 and got rejected as my I129 was not ammended for new client. Interview was on March 21 and rejection letter was dated April 14. My first doubt is for sake of timelines was i rejected on March 21 or on April 14, 2011 (for questions that ask have you been rejected in last 1 year?). Letter said employer can not provide employment as per laws.

Then I got another H1B approved in August 2011 with a small desi Texas company and went for interview on August 30, 2011 in New Delhi. Again got 221G green and finally got rejected around October 10, 2011. Again Letter said employer can not provide employment as per laws.

Now a midsize company with around 5000 employees and having good reputation has applied for my H1B. Once it gets approved I will go for interview around August first week or so. As I have two H1B visa rejection in 2011 would my case be affected negatively, given that both time the reason was "employer can not provide employment as per laws".

Kindly advice.

[rajMarch212011]

Senior members, JoeF, Pontevichio etc please advice.

Thanks

[pontevecchio]

Since the company is a lot bigger and presumably they will provide the necessary documentation you should be fine. The previous rejections were obviously employer based. Best of luck. Let us know.

[rajMarch212011]

Thanks pontevecchio for getting back. I really appreciate it. I just have one more doubt.

The first time when my extension was done I was with client A and by the time I traveled to India I had change client and had LCA from client B while the I129 still mentioned client A as employer (forgot to/did not) got I129 amended.

So my question is since I was the beneficiary not having the amended I129 is a negative on my record or is it a negative for the employer? Does USCIS requires the beneficiaries to make sure that there I129 is always up to date.

Thanks,

Raj

[Destiny2US]

Choose Any consulate other than New Delhi..... Believe me you will through defn.

[rajMarch212011]

Thanks for your advice Destiny. But since I work in Delhi going to other consulate would send a wrong message and they might eventually tell me to go to Delhi. However I do agree that Delhi is the riskiest one.

Do you have any thoughts on my question about who is held responsible for correctness of I129 at all times?

pontevecchio, JoeF and others do share your thoughts when you can. I really value your responses.

Thanks,

Raj

[nad_usvisa]

Thanks for your advice Destiny. But since I work in Delhi going to other consulate would send a wrong message and they might eventually tell me to go to Delhi. However I do agree that Delhi is the riskiest one.

Do you have any thoughts on my question about who is held responsible for correctness of I129 at all times?

pontevecchio, JoeF and others do share your thoughts when you can. I really value your responses.

Thanks,

Raj

Employer is held responsible.

[rajMarch212011]

Employer is held responsible.

Hi All,

Here is reporting back. Got H1B issued from New Delhi after Interview on 28th Dec 2012.

Interview was very smooth and quick (under 2 mins). Shall pick up passport this Sunday.

Have posted interview experience here

Thanks much everyone for your help.

Rajat

[pontevecchio]

Good for you. Thank you for keeping us informed.