H1 stamping denied but visa is there. Can i apply for H1 stamping again?


George

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H1 stamping got denied in August'2013.

But  I have visa till August 2014.

 

Can I apply for H1 stamping again?

 

Please let me know..

What is the reason for denial? When you say visa till August 2014, do you mean valid I797 till August 2014? If that is the case what is the change in situation from the time your H1B stamping was denied?

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In response of embassy got the below reply:

 

Based on the documents you have submitted to us, and the information elicited in your interview with an American Consular
officer, we are not able to issue you on H-1B temporary work visa, becasue:

Your petitioner does not appear to be either able or willing to provide qualifying employment int the Unisted States in 
accordance with appropriate laws and regulations.

In accordance with United States law and Department of State guidelines, action on your case has been suspended, and 
the I-129 Petition for Non-Immigration Services worked filed on you behalf will be returned to the Unisted States
citizenship and Immigration Services(USCIS) with a memorandum explaining the facts of your case as presented to us at the time 
of interview. The U.S. Embassy in New Delhi is no longer handling your case, and will be unable to give you any information on the status
of you petition.

For you information, your visa was refused today under Section 221(g) of the Immigration and Nationalilty Act (INA). Essentially, this section
states that a visa cannot be issued to anyone whose application does not appear to the Consular Officer to meet the requirements of the 
INA or of the regulations thereunder.

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