I was refused h1b in Chennai consulate under 221-g administrative processing (wherein I just have to wait and wait) for verification of employer details and it’s been over 6 months. In fact Chennai consulate has referred it back to INS as far as I know. This year another employer is filing a fresh h1b petition for me. 1. Will the previous h1b status have any bearing on new petition? 2. If the new petition is approved can I attend visa interview at Mumbai Delhi consulate instead of Chennai. Here my concern is that- The new rule says that you can apply for visa any where but should apply at the same post if the visa was denied previously. Does this mean I will be asked to go to Chennai because my previous h1b is under 221g or refused by INS in the mean time?

1. The previous H1 will not have any bearing on the new petition.
2. You will have to attend the interview in the place which is nearest to your current place of employment.
3. Please ensure that you have full details of your employer in terms of photographs of the building of your employer, brochures, names, email ids, phone numbers and addresses of people you have worked with in those companies as well all details regarding your supervisor. This will help in ensuring that your interview goes smoothly.
4. You will have to go to Chennai in any case since it is the nearest visa post.
5. It is also advisable that your previous employer also writes to the US Consulate to check the status of the old H1.
6. Please note all documentation in terms of your employment visa application should be clear and complete before you go for stamping.

 
I am pakistani citizen and studyign in UK.I had applied for H1 via in US embassy in london.They refuse my application for 221(g) and said tehy sending my degree back fro reconsideration.They take photocopy of H1Petion and degress.They said me to wait unitl admistarative processing complete and let you know by mail.What i have to do is my employer have to contact them to solve the issue and not sending my application back.

Fakiha

Complete studying in UK
Check US Embassy website
Employer or the attorney has to contact embassy to ask the status

 
I came to India in Dec'4 for my H1-B stamping. I had 2 H1-Bs from different employers. The first one is rejected in Chennai. With the second H1, I got the appointment in Delhi as per my employer's addvice. My question is: Will Delhi consulate process my seond visa after the first one was rejected in Chennai? Thank you so much,

Srikanth

See "US Embassy website", rejection will not affect your second visa.
Have all the complete documents .

 
Can you guide me through the H-1B process? Twice the Consulate rejected my application. The Consulate rejected my visa under Section 212(a)6(c)i. I want to work in Canada and I want to visit the US. What are my chances of getting the visa?

Ramesh

YI suggest you do not try for an H-1B visa for the next one year. After you become a Canadian citizen, you can get a Nafta work permit and visit the States.

 
I went to the US Consulate to get the visa stamped. At the time of the interview, I did not possess an original copy of a particular certificate. The visa was rejected and the Consulate asked me to return with the original certificate. I was asked to come back with the papers. Has my visa been rejected or is it on hold? When I go with the original certificate for stamping, will the Consulate interview me again?

Sana B

You need to go for stamping again with all documents in original and photos of your work place. Please check the documents you need for stamping on our web site.

 
My H-1B visa was rejected a few days ago. I have received a letter from the Consulate, saying it would contact me when the INS informs them of its decision. In the meantime, the Consulate has asked me to contact the INS with regard to the status of the returned petition. I have contacted my company and updated them. Is there any chance of the INS approving my H-1B? Can my company make things work for me?

Sagun Chadda

You company can file a petition with INS asking for re-evaluation of your petition. What is your educational qualification? Was your documentation in place and do you possess relevant work experience for the job you were selected.

 
I really appreciate your site for the help it provides. I have a query. I am an IT professional with more than two years experience. My H-1B visa was approved and I attended the interview at the Consulate. The officer rejected my visa without any reason. What should I do next? Can I go to the same Consulate for another interview?

Allen

The Consulate does not reject the visa without any valid reason. When the Consulate Office rejects your visa application, they would have given you a paper, which clearly states the grounds on which the application was rejected.

Please let me know the reasons for the rejection to provide further advice.

 
The Chennai Consulate rejected my visa in April 2001 and referred my case to the anti- fraud unit for further verifying my documents etc. The Officer said it might take between two and six months to process the visa. Now, four months have passed by, but I still have not received a reply from the Consulate. What should I do? How can I contact the Consulate? If I contact them, will they entertain my queries? How long does it generally take in such cases?

Rajesh Thumati

The US Consulate does not reply to any queries. If the period extends beyond six months, you can safely assume that your visa has been rejected

Please ask the lawyer of the company that applied for your visa to send a detailed letter to the Consulate. Were your documents in order when you went for stamping?

Which university are you from? If you are from Andhra University and your case has been referred to the AFU, it would takes at least six months

What is your basic educational degree and which companies did you work for in India. What is your work experience duration?

I need this information to provide any meaningful feedback.

 
Thank-you for the useful information on your site. I am a Computer Science graduate with four plus years experience in web programming and networking. An US-based company filed my papers on 16 January, 2001. I have not received my WAC number as yet. I want to know what's wrong. INS hasn't asked for any additional documents yet.

anita_b_au

We suggest that you write to the company to find out if they have filed for your H-1B papers. A number of companies are not filing H-1B papers due to the dot com bust and subsequent uncertainties in the economy. Your skill sets are easily available in the US, as a result of the various dot-com companies getting jobs, hence, your company might be going slow on filing.

 
I really appreciate your site for the help it provides. I have a query. My passport was issued in Bombay on 17.6.93 and it expires on 16.6.2003. Recently, my employer in the US filed for my visa. Do I need to renew my passport, before I actually receive the invitation and go for the stamping or can I do it in US. Please let me know as I can start the process right itself to be on the safe side if it does not take much time.

You can renew your passport in the US. It's a fairly simple process. You will need to fill up a completed renewal application form for "Renewal of Indian Passport" and submit fee amount, original passport, and proof of your presence in US. The application can be submitted either personally or via mail to Consulate General of India. The Embassy will renew the visa in a short period of time.

 
I am an IT professional. I have visited Japan twice on business visa. When I went for B-1 stamping, the Consulate rejected my application. Now a US-based employer has filed for H-1B on my behalf. I have received the visa approval. I am supposed to go for H1 stamping within a fortnight. What are the chances of H-1B being rejected.

NP

Non- immigration rules differ from country to country. Hence, a business visit to Japan does not guarantee a visa to the US. At the time of rejecting your visa application, the Consulate Officer must have given reasons for rejecting the B-I application. In our opinion, the Consulate will grant you an H-1B, as long as you meet the requirements stipulated by the Immigration and Naturalisation Services.

 
Is there any reason, why the US Consulate can reject my visa?

Phani Raj

If the documents are in place and you answer the questions posed by the Consulate Officer truthfully, precisely and accurately, there is no reason for the Consulate to reject your visa. Please read Stamping Requirements and Stop B******* About the US Consulate on the Assureconsulting.com site. The two articles will familiarise you with H-IB stamping procedures. Apart from this, we advise our candidates to be organised. Do not shuffle and search for documents in front of the Consulate Officer. Know exactly where each document is kept. Use bookmarks to demarcate between various sets of files. This will help you stay calm and collected in front of most intimidating Consulate Officer. Besides, know the details of the company or the consultant who sponsored your visa. How may offices does the company have, how many employees, in which States in the US are the offices located, who's the MD, CTO, CEO etc. All the best.

(Disclaimer: We claim no responsibility for the accuracy of the information. Application of the law can vary drastically according to the facts of a particular case, judge or State in USA. The FAQs are not meant to be specific legal advice. The answers must be viewed as general information and are no substitute for the services of a lawyer.)

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