Wot are the chances of F1 rejection after H1 rejection?

[dedsouza]

After working 9 months on my H1B visa, it was denied at the US Consulate in Dubai based on the following (as suggested in a letter given to me by the officer):
Based on indications that the petition filed on your behlaf containes inaccurate information, we are returning it to the Bureau of Citizenship and Immigration Service (CIS) of the Department of Homeland Security (DHS) for review and possible revocation. If the CIS determines that the information we are providing would provide a sufficient foundation for initiating revocation proceedings, it will send you a notice of intent to revoke. The notice will include a statement of the facts and evident and you will have the opportunity to respond.

I have forwarded the letter to my company in the US and do not know if they would be able to ask for a review of the case because everything is 100% genuine.

The officer also stamped my previous F1 visa with a 'Cancellation without prejudice' stamp and did the same to my visit visa which was valid till 2009.

Is it advisable to apply for my Masters and apply for F1 visa at the Dubai Consulate? What are the chances of being issued one? Would they deny it based on suspicions that I might want to work in the US and again get a new H1 after my Masters degree?

[txh1b]

Did you have any bench period without pay during the 9 months on H1b? Bring out the whole story about your previous F1.

There should be something that raised a suspicion on your H1b without which such a step would not be taken. Cancellation of F1 visa is normal practice if that status is not in use.

[rdsouza]

no bench period w/o pay.

F-1 status was in use from 2003 - 2007 as a full time student - graduation on Dec 2006 followed with OPT which was valid till Dec 2007.

Worked on OPT starting Aug/Sept 2007 and later continued on H-1B status which was active starting Oct 2007.

Worked continuously from Aug/Sept 2007 for 9 months without any bench time.

The query rasied was that the H1B petition states 1 state, while being a consultant, the work was being performed in another state at the client location.

For this reason, the officer said the staming was being denied bc the locations did not match - it did not matter that the location was the same as the H-1B holding company's location.

The company got the H-1B reapproved by the USCIS but upon the second interview, the officer gave the reason of 'not qualified for the position'. The officer did not want to see any docs, appeared to have doubts of the grad. degree even though the orig. cert. was provided. When told an official degree can be arranged for to be sent directly via the univ with no problem, the officer said it was ok.

VO mentioned a 4 yr degree was required even though she was holding the degree and transcripts in her hands! After being informed that the degree was the 4 yr undergrad degree, the officer goes behind the curtain, comes back and says the degree does not have an overwhelming amount of courses from the major/concentration. After the officer being informed that other courses like Literature/pscyhology etc etc are requirements other than courses in the main concentration ad that courses like biology etc etc cannot be omitted, the officer said ok, goes behind the curtain, comes back and says but 4 yrs of only courses in the concentration are required!

Officer was given to see the letter submitted by the co. to the USCIS for reapproval of H1B which states my edu/exp and why that was sufficient for the job as per the job requirements but the officer did not want to see it!

When asked what kind of job would match the qualifications, vo says depends on what the co. finds suitable for the candidate. VO was informed only after tedious interview rounds was the candidate excepted bc qualifications matched the reuirements.

W2 of the candidate, W2 of the company, bank statement off company and candidate were submitted but to no avail.

Months later F1 was rejected bc of no substaintial ties to the country bc candidate had lived a long time in the US and no work exp. in home country and bc of prev. two H1 denial so stronger case for immigration. VO said not a good idea to come back a short time later with another visa app. bc making it look like a desperate case to go back to the US so only once strong ties then come back.

In the first H1 denial case, when the H1 was denied, F1 cancellation is understandable as it was not in use from Oct 2007 when the USCIS approved the H1.

However, no reason for the visitor visa to be denied which was valid till 2009.

When informing the candidate of the cancellation stamp on the visa, the VO mentioned for no fault of the candidate it was cancelled and that it seemed there was some fraudulent info. mentioned on the petition which was filled in by the co. on behalf of the candidate. - fraudulent ref to the location issue, but after correction and it being re approved by the USCIS, reason of not qualified for the position was unacceptable. Seemed like the officer was hellbent on denying the visa, or she was not aware of the requirements of the visa and so kept going behind the curtain several times and coming back with something new to say!

Going to try for H4 thru spouse after 1yr+ from last denial