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B1 refusal twice, sharing experience (islamabad, Pakistan)

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  • B1 refusal twice, sharing experience (islamabad, Pakistan)

    Hi,

    A little about myself. I am 36, co-own a software company with 32 employees for the past 5 years. Have all the company as well as personal registration and tax certificates. CS graduate and had been developer for large scale financial institutions in previous work life. Traveled Europe twice back in 2009, Malaysia, Dubai etc on business/visit visas.

    I was asked by my client to visit US for a project, sign the contract, take requirements and then come back and kick start it with the team. I had invitation letter as well.

    First Interview went like this:

    VO: Good morning, can I have your passports
    Me: good morning, yes sure

    VO: What do you do?
    Me: I own a software company and we develop software for US and Eur clients

    VO: What kind of softwares you develop?
    Me: We are very strong in mobile application developments, we have few good apps on appstores, we also do client projects and have developed for <Named few known big brands>

    VO: Can you name few apps of yours
    Me: Sure < I named a couple of iOS apps we have developed>

    VO: How many employees do you have
    Me: Around 30 or 32 in total

    VO: Why do you wish to go to USA?
    Me: My client requires me physically in USA for a large scale project, take requirements complete and sign the project contract.

    VO: how long do you wish to stay?
    Me: 4 weeks

    VO: Why do you wish to stay for that long?
    Me: Its a large scale project and we have a number of meeting planned at a couple of different office locations. Its going to take time.

    VO: OK, What is your salary?
    Me: (I was confused here coz, I do not withdraw salary as I own the company, So I just told her what my profit share was last year) Around 70 lacs per year, which is around 5 lacks per month.

    VO: Are you married?
    Me: yes, I am

    VO: Is your wife traveling along with you?
    Me: No, she is not. She stays here.

    VO: As per law, we can not grant you VISA today, I give you some details to know more about it. (She hands me a 214(b) failure to establish ties letter)
    Me: Shocked, was not ready to hear it yet. Thought I would be asked for documents, bank statements and other proofs.


    I analyzed it and I immediately thought that a lot of details in my case were overlooked and I was very brief in responding to questions and since I am sure I had a genuine case and should not be seen as a potential immigrant I should reapply. My convictions for reapplying were:

    - Details were overlooked by VO
    - I have sufficient ties to my country ( married, own a business, own a house and few other real estate and have reasonably good bank statement)
    - If I reapply immediately and stress that my going to USA for short business trip is important for my client and my company, VO may take it seriously
    - Besides, I just thought I just need to respond to 214(b) letter they gave me last time.
    - This time I also decided not to be so brief in responding

    I applied again and 20 days after my last interview I was in front of another VO again with three packs of documents and a one page itemized response to 214(b) letter they gave me last time but it went no different than last time:


    VO: Good morning, can I have your passports
    Me: good morning, yes sure. I applied three weeks again as well and was refused under 214(b), so I am reapplying with more information and documents which I think were overlooked last time.
    VO: (takes no notice of what I said, at this point I had realized it a totally new and fresh visa application)

    VO: What do you do?
    Me: I own a software company and we develop software for US and Eur clients, we also have iOS app as projects and they are doing well.

    VO: How many employees do you have
    Me: 32 developers

    VO: Why do you wish to go to USA?
    Me: My client requires me physically in USA for a large scale project, take requirements complete and sign the project contract. Its a big project and we will be .... blah blah blah...

    VO: Who is your client?
    Me: Its <CLIENT_NAME>, I have invitation letter from him if it would help. I try to open a folder and she stops me with her hand.

    VO: What is the name of your client company
    Me: I name the company, I further mention that the project my company and my client company are going to work is for world's second biggest advertising agency in NY, I name the company.

    VO: how long do you wish to stay?
    Me: 2 weeks, 3 at most ( my Visa form had 20 days in it, I knew I should not have mentioned more than 2 weeks)

    VO: How much income do you have
    Me: (I remembered the confusion last time, so I said clearly that MY COMPANY made 50 million in revenue last year and post tax profit was around 22 million.So this makes it around 15 lacs per month
    VO: she keeps typing and does not respond

    VO: Are you married?
    Me: yes, I am. I have two kids. My son is in grade 1 and I own a house, a commercial property, I also have some rental income and own a couple of other real state investments. I have original documents with me here.
    VO: No, just keep them with you, we don't need to see it.

    VO: How long did you say you plan to stay?
    Me: 2 weeks (though my visa application had 20 days mentioned)

    Me: Can I show you my bank statement?
    VO: I dont need to, I have what I need all here. (At this moment I realized I had annoyed her, so I decided to keep quite)
    She was continuously typing during all this.

    VO: How much did you say is your income again?
    Me: My Company made 15 lacs per month on the average last year.

    She is continuously typing and then again "I am sorry, we are unable to grant you VISA, here is more details for you to read (She hands me 214(b) rejection letter again)"
    Socked again, I totally forgot to ask her humbly about specific reason she finds in my case which puts me in 214(b) clause. 214(b) is a broad category and frankly its misused by VO as well. It was very important to request her to tell the specific reason so that you could try to fix it next time.

    Anyways, it was disappointing as it has effected my business and planning this year. I think the visa decisions are 80% made based on whatever right or wrong system they have developed. People say interview is key, but I doubt that.

    Not to mention, I appeared for interview in Islamabad both times.

    My take on the B1 Visa:

    - Do not apply for more than 2 weeks.
    - If you are not clear about any question, ask again as she won't correct you (they have a looooong queue to take care of). Like in my case when she asked me about my salary I should have reminded her that I own the company so in your case if would be income from company and not salary.
    - Do not change your statement in consecutive interviews, they have all the data from your previous interview. They also review comments from your previous interview officer. In my case mentioning income while last time I mentioned salary was not a good move.
    - Should not say anything different from your application, whether it goes against your interview.


    Hope it helps someone else.

  • #2
    Thank you for sharing your experience.
    This is not a legal advice. Use at your own risk.

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