Visa Applications/Interviews

[Attorney_23]

This week, Murthy Law Firm attorneys will be answering your questions about applying for a visa at a U.S. consulate.
 

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RULES FOR TOPIC OF THE WEEK THREADS:

1. Attorney’s postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions that relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate section of the forum.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not include information that would identify any specific company, university, or individual (including yourself).

 

[cap-gap]

Thank you for the opportunity. I would like to ask one question on behalf of several relatives in India and friends whose Visitor Visa requests were denied without explanation.

 

It is perplexing to observe that the rejected applications are almost identical to the approved applications, say for example, parents of a cousin are denied to visit the daughter's family in USA and they have property and other children & grand kids in India implying they have strong ties to India. They are living on pension income.

 

Other cousin's parents exactly in similar situation are approved.

 

I don't think any of these parents are explicitly asked by the consular officer "How exactly can you prove to me that you will return to India after the trip?"

 

How can the parents applying for visitor visa improve their chances?

[Attorney_23]

Applying for a visitor's visa can be tough. The reason these applications get denied is usually related to "immigrant intent", and most of the factors related to proving a lack of immigrant intent are fairly subjective. The consular officer has a lot of discretion to approve/deny such a request, and very little time to review the application.  I suggest you read the following, which contains some general information on overcoming immigrant intent:

 

Success Story: Visitor’s Visa Approved After Repeated Denials

 

If there is information the applicant would like the officer to see, it needs to be included in the DS-160. Even if the person will be bringing supporting documents, etc to evidence the information, it should still be noted in the DS-160. For instance, if the applicant owns various properties in her home country and wishes to use this to evidence her intent to return home following a visit to the U.S., it is helpful to include records proving the ownership interest. However, this fact should also be noted in the DS-160.

 

Beyond that, if it's a routine visa application in India, I would recommend contacting our Indian affiliate. The attorneys at the Indian affiliate have extensive experience preparing visa application packages for people applying at the U.S. consulates in India. Their contact information is available here:

 

https://murthyindia.com/contact/

 

For people applying in other countries, or for more complex cases, it may be worth scheduling a consultation with one of our attorneys to discuss specifics.

[t75]

Do NOT utilize the services of an "agent". Only use the services of a US qualified attorney.

[Sammy Lee]

Thank you for sharing this.

[shandong2010]

Thank you for the opportunity. I had applied non-immigrant Visa in Calgary on April 15 as I have a conference to attend on June 22. Now, it is still under administrative processing. Why it is so long to wait?

 

Thanks

[Attorney_23]

Thank you for the opportunity. I had applied non-immigrant Visa in Calgary on April 15 as I have a conference to attend on June 22. Now, it is still under administrative processing. Why it is so long to wait?

 

Thanks

 

Cases sent for administrative processing can remain pending for weeks, months, or even years. I have no way of knowing why your case in particular was sent for admin processing or how long it will take to process. What type of visa did you apply for? And, did the consulate ask for any additional documentation?

[shandong2010]

Cases sent for administrative processing can remain pending for weeks, months, or even years. I have no way of knowing why your case in particular was sent for admin processing or how long it will take to process. What type of visa did you apply for? And, did the consulate ask for any additional documentation?

I applied for B-2 (tourism, vacation, pleasure visitor). I have a conference on June 22 in US. My wife applied together with me for a tourism (she is a student also). The consulate asked general questions: like degree, why go to US, have even been there? Then, the consulate asked my CV and conference invitation letter. And tole me about three weeks to process.

 

Thanks a lot.

[Attorney_23]

I applied for B-2 (tourism, vacation, pleasure visitor). I have a conference on June 22 in US. My wife applied together with me for a tourism (she is a student also). The consulate asked general questions: like degree, why go to US, have even been there? Then, the consulate asked my CV and conference invitation letter. And tole me about three weeks to process.

 

Thanks a lot.

 

Have you tried to follow up with the consulate? (That often does not help to resolve the problem, but it's still usually a good first-step.) Assuming you have and have not received a satisfactory response, you unfortunately may not have a lot of options because of the short time-frame. (i.e. For long-pending cases, there may be means of pushing the case forward; but, this is not a quick process.)

[shandong2010]

Have you tried to follow up with the consulate? (That often does not help to resolve the problem, but it's still usually a good first-step.) Assuming you have and have not received a satisfactory response, you unfortunately may not have a lot of options because of the short time-frame. (i.e. For long-pending cases, there may be means of pushing the case forward; but, this is not a quick process.)

I have sent three emails and called one time. There is no reply for the emails. The phone call does not help either.

[Sharon.gadde]

Hi,

 

I booked a visa appointment and later realized I filled wrong point of contact at my employer office ( Company details and address are still same and correct).  I have updated new DS 160 and updated with visa appointment.

My question is:

 

1. Will VO know all these details of old DS 160.

2. How much risk is this. 

 

Can you please answer as I have appointment next week.

[Attorney_23]

I have sent three emails and called one time. There is no reply for the emails. The phone call does not help either.

 

One option to force the consulate to make a decision would be to file a writ of mandamus. You can read more about this option here:

 

Murthy Success Story: Mandamus Against DOS Results in Visa Issuance

 

Unfortunately, this is not a quick process. It almost certainly would not directly help you to get a decision before your June 22 conference.

[Attorney_23]

Hi,

 

I booked a visa appointment and later realized I filled wrong point of contact at my employer office ( Company details and address are still same and correct).  I have updated new DS 160 and updated with visa appointment.

My question is:

 

1. Will VO know all these details of old DS 160.

2. How much risk is this. 

 

Can you please answer as I have appointment next week.

 

The VO may have access to information in an old DS-160. But, if it was simply a matter of placing incorrect information in the form, realizing the error, and updating with the correct information prior to the interview, it is hard to imagine an officer arguing the initial incorrect information constitutes fraud.

[vasu0009]

where do we add dependent information like children on DS-160 form ?

[Pamy]

Hello Attorney,

 

My L1-B Blanket visa was rejected today in Chennai Consulate. The VO handed over a blue slip to me marking the option - visa not clearly approvable (221g).  

 

1. What does this mean? Would they contact for additional documents?

 

VO also said that this is not the right visa category.

 

I had traveled to USA in H1-B visa before. But since I am currently working in a specialized tool, I had applied for Blanket L1.

 

2. Now, would it be an issue if I apply again in H1-B visa category?

3. Am I eligible for cap exempt H1 category?

4. I also read in some post that if there is two work permit rejection in a single year then that candidate is barred from applying for US work permit permanently? Is this true?

 

5. Should I wait for certain period before applying for H1?

 

I know that's lot of questions but I would be really grateful if you could answer all of them.

 

Thanks in advance!!

[rahul412]

 

4. I also read in some post that if there is two work permit rejection in a single year then that candidate is barred from applying for US work permit permanently? Is this true?

That's BS. That's not true.

A person will be barred if he submits fake documents to get US visa.

[Sharon.gadde]

The VO may have access to information in an old DS-160. But, if it was simply a matter of placing incorrect information in the form, realizing the error, and updating with the correct information prior to the interview, it is hard to imagine an officer arguing the initial incorrect information constitutes fraud.

 

Thank you very much for the reply.

[Attorney_23]

where do we add dependent information like children on DS-160 form ?

 

Typically, each applicant (even children) need their own DS-160 to be completed. But, there is a place that asks about family members, as well, where the dependents would also be listed.

[Attorney_23]

Hello Attorney,

 

My L1-B Blanket visa was rejected today in Chennai Consulate. The VO handed over a blue slip to me marking the option - visa not clearly approvable (221g).  

 

1. What does this mean? Would they contact for additional documents?

 

VO also said that this is not the right visa category.

 

I had traveled to USA in H1-B visa before. But since I am currently working in a specialized tool, I had applied for Blanket L1.

 

2. Now, would it be an issue if I apply again in H1-B visa category?

3. Am I eligible for cap exempt H1 category?

4. I also read in some post that if there is two work permit rejection in a single year then that candidate is barred from applying for US work permit permanently? Is this true?

 

5. Should I wait for certain period before applying for H1?

 

I know that's lot of questions but I would be really grateful if you could answer all of them.

 

Thanks in advance!!

 

The standard of evidence to have an L-1 blanket case approved is 'clearly approvable' (as opposed to an L-1 petition filed with the USCIS, which has to meet the lower 'preponderance of the evidence' standard.) In short, the consular officer did not feel sufficient evidence was provided to demonstrate that you meet the qualifications.

 

An L-1 denial in this type of situation would typically not prevent a person from applying for an H1B visa. And, there is absolutely no rule that limits a person to a maximum of 2 visa denials per year. Other options may be to file a standard L-1 petition with the USCIS (again, the standard of evidence is lower under the law, so such a filing is not at all unusual.) Or, it's technically even possible to reapply for an L-1 under the Blanket; but, immediately reapplying under the Blanket would typically only make sense if one could submit fairly strong additional evidence in the new application. (In practice, immediately refiling under the Blanket is rarely a viable option.)

 

As for returning to H1B status, in general, a foreign national who has been counted against the H1B cap may remain in the U.S. in H1B status for a maximum of 6 years. If the foreign national leaves the U.S. prior to utilizing the full 6 years of H1B time and then wishes to return in H1B status, an employer may be able to file an H1B petition on the individual's behalf requesting the remaining period of H1B time.

 

All this being said, if your employer has people applying for L-1 status (whether under a Blanket or a straight petition) without the assistance of an attorney, this is probably not a wise move. The consulates and the USCIS have grown increasingly strict with L-1 cases. This is especially true for L1B cases. Before deciding what category to pursue, how to reapply, etc., I would recommend you schedule a consultation with one of our attorneys who can review your situation in greater detail and advise you on how best to proceed.

[Mitahilani]

Dear Sir,

 

Kindly provide your valuable opinion

 

My  previous employer " A "was not paying me the salary which was on my approved H1B Visa petition  - Will  it make any issue in Visa transfer and extension petition.

 

Also I got lay off last month without any 2 wks notice  and after 37 days of my  layoff my visa transfer and extension application has been sent to USCIS by new employer. I was out of payroll for 37 days before I got new job . Do you think  out of payroll for 37 days  will make issue

 

My new attorney said USCIS may want me to go India and get the transfer ans extension application stamp before I join new job offer.

 

If I don't want to go India ( which  is my home country)  for  H1 B stamping  where else I can go - Canada,Bahamas Jamica- which nearby (Safe)  countrys  will be good option for H1B stamping. please  suggest.

 

Do I have to take H1B stamping appointment for this country.

 

Many Thanks

Regards

Mita

[nitin4unme]

Hi,

I would be really grateful if someone can answer my question. My I94 is expiring in October 2015 but my I 797 is valid till October 2017. I have applied for B2 visa for my parents and their interview is scheduled in mid June 2015.

What are the chances of visa getting rejected due to my I94 expiring in October. They will be will travelling in October. My employer has started the process to extend the I94 but it will take some time(probably 2-3 months). Should I postpone the parents interview till I get the new dates. What other options do I have?

 

Thanks

Nitin

[rahul412]

 

What are the chances of visa getting rejected due to my I94 expiring in October. 

Zero, there is no relation between your I94 and your parent's B2.