h1b visa rejection after petition approval

Third-Party Work-Site 4.4. Once processed, they should file for H-1 amendment. You should appear for stamping only when you have addressed the concerns or rejection reasons raised in the original decision. We have worked with VisaGrader.com website team and built a US Visa Slots Tracker by Country for the community to have visibility on slots and when they will open. Petitioners who received an adverse decision on an H-1B petition based on the now-rescinded policy memoranda should consider whether there is time remaining in the validity period requested on the previously filed H-1B petition and the relevant labor condition application. Published On: December 13, 2022 | Tags: H-1B Transfer Recently, there has been a steady decline in the rate of denials on H-1B visa transfer petitions. On the same days i check my status on the website and i found my status is Admin process. is there any chances of getting RFE ? Or is it a normal case that the consultants dont let us know the reason for denial. I have seen instances of both happening, but it is worth the risk. If your complaint seems valid, they will reopen your petition. There are no apparent ineligibility or potential ineligibility aspects on the applicant for visa issuance. And later L1 visa rejected in 2019 at consulate. Try the questionnaire, it will tell you. But I want to go back to my country before October 1 st and get h1b stamped in my passport. Nora, There is no minimum wait time. Some applicants want to have an attorney prepare the brief and file the appeal, and if there is some complexity to your case that could be a good idea. US Visa Interview Waived for certain H1B, L1, H4: GUIDE, Background US Consulates Limited Operations, Visa Slots Issues, US Visa Interview Waived for certain H1B, H4, L1, Other Work Visas, Interview Waivers for certain F, M, J visa Applicants. Since I have not received any letter from consulate stating about my visa denial, what should I answer in DS160 about the question of previous Visa denial? I am also in same situation, My H1b employee transfer denied and looking for the available options to further course of actions. I didnt get any mail from the embassy like the recieve my information or anything else. Also, they extended the 48 months US Visa dropbox eligibility rule. Swap, Yes, RFE can be issued as USCIS may want the entire chain of letters. I have couple of questions, could you please clarify this january 2104 i have attended h1b interview in hyderabad i got a white slip visa officer asked me to submit client letter, when i approached my employer he is saying now the client is not CIO has changed now they not ready to give client letter, in this case how would i go further. Need an urgent reply .. we are filing for H4 Visa for my wife for the first time but She also holds B1 visa. H1B Visa Petition Processing Steps at USCIS Service Center Adjudication info, What is 221g ? So, do not worry. I have seen that option being discussed on the forum but dont know of anyone who has actually tried that. The visa application process for every job shop and change is challenging, and having to go through it more than once is something you want to avoid. Once all this approved, you can appear for another stamping. If had 221g administrative processing, they should have been resolved and got Visa stamping done. There is no need to immediately go for stamping. my company is willing to re-apply L1B , Am eligible for waiver? Krishna, You can travel to US on B-1 visa while your H-1 is under process. If your employer is a reputed one, and you have all the required documents then it should be fine. Hardik, 221g means visa refusal. Help me? You also need copy of LCA and I-129. And as I am going to India I wanted to get new approved petition stamped. I yet to apply for h4 visa please let me know if my current issue of 221g for h 1 visa will affect if i apply for h4 visa. Pros: You will be able to get visa early Cons: Even though the consulate says you can appear, they issue 221g asking you to reappear in home country. Is it required that both parents stamping should be done before kids stamping ? Need an urgent reply.i am staying in USA and applying for H4 visa for my wife and kid. Shal, You havent received H-1 in the past, right? US Visa Renewals using Dropbox 48 Months Rule, Latest News Updates: New Interview Waiver Implementation, Slots, Latest News Updates: New Interview Waiver Implementation, Slots, Travel to USA Processes, Samples, How to Guides, 48 months US Visa dropbox eligibility rule, US Consulates Visa Slots Situation in India, administrative processing refusal like 221g, Clearance Received or Department Authorization, Step by Step Guide to H1B Dropbox Stamping, US Port of Entry (POE) Abu Dhabi Experience for Parents Key Lesson. Comment * document.getElementById("comment").setAttribute( "id", "a6b1b2ff8227c90817c38bde40c9dbf2" );document.getElementById("d9e8fffd19").setAttribute( "id", "comment" ); Notify me of follow-up comments by email. This approval notice is required to be shown at the US embassy along with your DS160 form to get a visa stamp. I had a valid approved visa 12 years back, do I get eligible for an interview waiver? See the below screenshot of the official press release. Hi, I am in same situation too. Hi Saurabh, My h1b was approved in USand I came to INDIA for stamping, and I have got one later from officer, and mention it your application has been refused under section 221(g). Initially it was approved till April 2014 before i attended the stamping interview. If yes, how much time will it take to get it completed? But since it was new company they couldnt afford me for h1b. You visited the USA multiple times using a B1/B2 visa. FirstTime, You should be eligible for dropbox, if you meet all other conditions. if you provide your answers asap that would very very much appreciated. My H1B visa (fresh application) was filed in Feb 2012 and I received RFE in July 2012. If I travel with h4 visa what will happen to my h1 visa which is under process due to 221g issue. An attorney will charge you a fee for their services, but if you think the denial was in error then that may be worth the cost of professional assistance. 2. I wish, they did this for everyone to avoid the visa slots issues. If the COS was approved, the H1B approval notice comes with I-94 attached to it. Do i need to be in India if i have an interview waiver? Basically, an appeal is a review of the original decision and supporting documentation, and you have the right to question the original decision. Optional Training Program. Not sure, if they will consider though Plan for backups and see if you can ship medication to India. Which will be the safest way to avoid any complications. the attorney who filled the case inquire about my case and thats what they get in response. We mailed you a denial decision notice for this case I129 PETITION FOR A NONIMMIGRANT WORKER. Is there any chance I will be called in for another interview where they ask for the originals, because I will definitely get screwed not having all the originals. Checking on status For 10 days it shows the status Applicaiton Received. 3.have you traveled outside the country before? Save my name, email, and website in this browser for the next time I comment. I was refused F1 visa at first under 214b, but was given visa on my second attempt of applying it. As of March 25, 2022 Is it true that 80% of the H1B change of status Dropbox appointments at US Consulates in India for first time H1B stamping, being called for in-person interviews(for 3rd party worksite location under EVC Model)? My current status on USCIS website case tracker is Approved. It doesnt mean denial. what best i can do in this case ? if answer yes to Have you ever been refused a U.S. visa before? question .. what will be the next question. Step 1 - Verify COS Approval & I-94: The H1B applicant needs to verify if the change of status was approved or not along with the H1B petition approval. 2. The notice explains why the denial decision was made and the options that may be available to you. Please let me knw where this petition can be reconsidered or it got completely closed ??? Intially i got 221(g) asking for bellow 1.Client document 2.PO contract between the vendors, I have submitted the documents and later a week they gave me a new 221(g) asking for project letter. I am planning to go back on H4 and do a COS back to H1 through another Employer. I have two options. You have chosen to have your documents delivered to the following location: Bengaluru, Prestige Atrium 2nd Floor Unit No. Will i be eligible for interview waiver? cdp, The eligibility is for you as individual, your spouse status does not matter. Hard to understand. can I transfer now? 1. Which means She is eligible for waiver according to the new rule. 1. Is my understanding correct that one still needs to wait and go to the VAC for dropping he passport from stamping only on the appointment date even if one has secure the Visa Interview Waiver? If the H-1B is considered counted against the cap and approved there is some possibility that another subsequent H-1B petition can be filed to correct any errors that caused the H-1B visa denial in the first place. Or you suggest to do a H1 transfer to another Employer. January 4, 2019July 31, 2019 Max Troy The international students who study in the USA have the opportunity to work on F-1 visa by applying for EAD for OPT Jobs in the USA i.e. Canada H1B Open Work Permit Process, Documents, GUIDE, What is H1B Registration Process? Please please let me know how it went. Did your most recent application result in you being issued the visa what this means in visa waver program? There are no issues reported as such by our user community from the beginning of the year until November 2022. He told me they can deny me visa only if I did something wrong here like felony or something like that. Thanks for your input. Thanks, Did you file new H1 ? They were great. After this, the USCIS officer evaluates your case to see whether you and your employer meet the requirements for the H1B transfer. But now I got Denail Notice for my petition. It is always best to sit back and assess the next steps and possible routes to take after a consulate visa rejection before thinking all is lost. You can go for stamping if the H-1 employer is still willing to hire you. This has more to do w/ your employer than immigration rules. We do not know the exact date on when they would implement this new interview waiver rule as well. If the last expired visa has CWOP stamp on it does that make us ineligible for dropbox appointment for the new visa? Check US Visa Dropbox Eligibility 2023-24 (With App). Example:1. What happens to them if they reject my visa? You should file your appeal within 30 days of the original decision, so dont wait too long to act. However, you may be assured that every effort will be made to reach a conclusion as soon as possible. Is it possible. My case is H1B refusal case, which is refused due to below reason. If they do not reopen the petition, they will forward it to AAO or BIA. Now what this refusal means? What are the chances that they might reject it if at all no interview is taken ? After few months when I tried enquiring about my case, I got to know, my visa has been denied n petition is sent to USCIS for review on January 4, 2016. I did not get extention yet. However, you already have 221g pending. JJ, When you answer the questions, it will ask about the most recent visa issuance. I got this date before the interview waiver guideline. So many applications are received that if you think the denial was incorrect you should pursue an appeal at some level. I am also in same boat so please give me your valuable reply. Is it mandatory to attend the interview in person or they are eligible under new waiver program. You should review all of this information after each H-1B approval. A motion for reconsideration should state some new facts or add documentation that supports the motion, otherwise there wont be any basis for reversing the decision. In us and own myself bank account I dont know what to do, Your document(s) have been collected from the US Embassy/Consulate, The passport number being returned is xxxxxxxxx. If yes, what documents will I need and how do I go about it. A 10-digit barcode will appear on the confirmation form. Unless you can prove that the employee has specialized knowledge that no other American employee possesses, US Citizenship and Immigration Services (USCIS) will reject a request for an L-1 visa. See below screenshot from US Embassy website. Can I expect H4 visa denial based on my previous denial. January 1st, 2022: Today, US Dept of State rolled out the new Interview Waiver rule that was announced on Dec 23rd, 2021 that waives in-person interviews for many who meet the requirements as mentioned in the above article. Answer if H1B visa denied by US embassy. Will there be any complications if my current employer do the COS(an US company) as the case is still pending with USCIS. So I wanted to check with you if it is advisable to go to Singapore or Thailand for stamping and what are the pros & cons with that. We will keep this page updated as more info is released by the US Dept of State. I have a dropbox appointment on Feb.14th 2023 but now I am confused whether it should have been a dropbox or an interview appointment since I have clearly crossed the 48 months timelines since the last stamped H4 visa. USCIS will generally use its discretion to accept a motion to reopen filed more than 30 days after the decision, if filed before . Hi sautant I m Yasser from morocco i applied for u s h1b visa And consulate has sent to me an approval letter but they said i must pay refundable fee of 1550$ as sufficient garantee during my stay in us and i wil get them back once i arrived. Please do reply ASAP. No 5. H1B Approval. I have my current H1b valid till August 2022. 1. Is client letter mandatory for H1B visa stamping ? Also, though I got to know about my visa denial only when I raised a query to Customer care(support@ustraveldocs.com), but I have neither received the visa denial mail nor there is any visa denial stamp on my passport. So my question is it is waiver for my-self and my dependents too. My client has been telling me its not required as we are working remotely. We will update this page with details as we have more information. In the past, when we had the 48-month dropbox rule that was announced, it took about a week for the USTravelDocs ( CGI Federal System) to be updated to reflect the announcement. Wether they cancelled it or they denied it or what? This will cause waste of time and money. Reference : Official News on US Dept of State , Dec 2022 News US Dept of State. Complete Guide, Cover Letter for the submission of the documents. You are eligible for an interview waiver, even if it is your first-time visa stamping based on a first-time petition filed by an employer in the US if you meet the below conditions. My question is, will i be eligible for h1b dropbox now, since I didnt have h1b refusal or since i have B1/B2 refusal, I won;t be eligible ? When you apply for a US Visa interview, sometimes the consulate would ask you to submit more information and issue something called a 221(g) form or slip that says Administrative Processing. #2 H1B worker details for registration: First and Last name Passport Number Master Cap Details H-1B Rejection Rate 2023 4. Can I go to Canada or any other country for stamping or do i have to get it in India only. This was updated in October 2022. What are my options if they ask me for original documents? You must have previously traveled to the US using Electronic System for Travel Authorization (ESTA) before. Krish, If your underlying petition is revoked, your transfer and entire H1B will become invalid. H-1B Petition Processing after Lottery until Approval - Flow chart Depending on your case, you could go through few or more of the statuses listed above. H-1B Visa Denial at Different Application Stages 3. What do you think of the announcement on interview waivers for certain visa holders? also all the travel expenses will be paid by the our parent company in usa. And by when should i expect the result. it is your discretion. It was my 1st time stamping which got denied as my contact with the client ended during the process. Earlier I requested the travel docs to change the petition number in DS-160 and a case was opened and closed.

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h1b visa rejection after petition approval