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  • B1/B2 Refusal

    I am an independent freelance software developer, working out of an office in Goa, India. I have been freelancing full time for a software company (lets say 'X') based in California with an IT team based in Seattle, Washington for the past 4+ years. I have hired another freelancer and mange him for this company. Even my office in Goa is actually been paid for my this company.
    This company X has annual company retreats, where all the people associated with it come together for a week and spend time together, this year i was invited to join the retreat to be held in September 2017 in Idaho California. I applied for a B1/B2 Visa and my interview was last week. this is how my interview went:
    ==================================================
    VO: What is the purpose of your visit?
    Me: My client has invited me to the company retreat and a series of meetings with the IT teams.

    VO: So you are going to Washington..?
    Me: Yes, the IT team is based in Tacoma.

    VO: Have you traveled Internationally before?
    Me: No I have not.

    VO: Are you a software Engineer?
    Me: yes.

    VO: Sorry, I cannot issue a visa this time. (handed me a 214(b)).
    Me: Can I apply again?

    VO: yes sure you can.
    Me: Ok, thank you.

    ==============================================
    This is a little about myself:
    I am 26 years old, unmarried, from Goa.
    monthly income about 2lakhs INR
    I am an inventor on a patent too for this company, another application is in process
    Honestly have no intent to migrate or work illegally was just visiting to meet the people I have been associated with for 4 years.
    Any ideas what went wrong or could have been better? should I apply again or is it just a waste of time?

  • #2
    Originally posted by asif0023 View Post
    I am an independent freelance software developer, working out of an office in Goa, India. I have been freelancing full time for a software company (lets say 'X') based in California with an IT team based in Seattle, Washington for the past 4+ years. I have hired another freelancer and mange him for this company. Even my office in Goa is actually been paid for my this company.
    This company X has annual company retreats, where all the people associated with it come together for a week and spend time together, this year i was invited to join the retreat to be held in September 2017 in Idaho California. I applied for a B1/B2 Visa and my interview was last week. this is how my interview went:
    ==================================================
    VO: What is the purpose of your visit?
    Me: My client has invited me to the company retreat and a series of meetings with the IT teams.

    VO: So you are going to Washington..?
    Me: Yes, the IT team is based in Tacoma.

    VO: Have you traveled Internationally before?
    Me: No I have not.

    VO: Are you a software Engineer?
    Me: yes.

    VO: Sorry, I cannot issue a visa this time. (handed me a 214(b)).
    Me: Can I apply again?

    VO: yes sure you can.
    Me: Ok, thank you.

    ==============================================
    This is a little about myself:
    I am 26 years old, unmarried, from Goa.
    monthly income about 2lakhs INR
    I am an inventor on a patent too for this company, another application is in process
    Honestly have no intent to migrate or work illegally was just visiting to meet the people I have been associated with for 4 years.
    Any ideas what went wrong or could have been better? should I apply again or is it just a waste of time?
    It's not that anything necessarily went wrong. It's that you do not have strong ties to home country, you do not have family to come back too, no property, you freelance for a company based in the U.S. and you're young. You are considered a high immigration risk for these reasons.

    Your chances of being approved for a B1/B2 visa are very slim.

    This is my opinion and not legal advice. Use of this information is strictly at your own risk.

    Trinity71

    Comment


    • #3
      Originally posted by Trinity71 View Post
      It's not that anything necessarily went wrong. It's that you do not have strong ties to home country, you do not have family to come back too, no property, you freelance for a company based in the U.S. and you're young. You are considered a high immigration risk for these reasons.

      Your chances of being approved for a B1/B2 visa are very slim.

      This is my opinion and not legal advice. Use of this information is strictly at your own risk.

      Trinity71
      Thank you for taking time to reply, I appreciate it.
      I am unable to decide whether I should try again or not, another thing I realised this morning is in my DS-160 I had mentioned under my primary occupation as Business (there was no freelancer or consultant option in the dropdown and business was the closest match I thought), which I think is valid from Indians perspective as we usually consider freelancers as "Self employed professionals" and it is usually classified under business. We even file our taxes under "Business" incomes, but do you think the VO thought i was trying to lie and that's why his last question was if i'm a software engineer?

      Comment


      • #4
        Originally posted by asif0023 View Post
        Thank you for taking time to reply, I appreciate it.
        I am unable to decide whether I should try again or not, another thing I realised this morning is in my DS-160 I had mentioned under my primary occupation as Business (there was no freelancer or consultant option in the dropdown and business was the closest match I thought), which I think is valid from Indians perspective as we usually consider freelancers as "Self employed professionals" and it is usually classified under business. We even file our taxes under "Business" incomes, but do you think the VO thought i was trying to lie and that's why his last question was if i'm a software engineer?
        I don't think he thought you were lying. However, anyone in your occupation coming from India to the U.S. raises a red flag. Your occupation is one that many people come here from India to do here in the U.S. through the H1 visa. They find a U.S. based employer to sponsor the visa, or come here on a B1/B2 and find a company while they are here to sponsor them. So in addition to the other things I mentioned that could cause a visa denial, this only makes your chances even slimmer. Really, it's your current circumstances preventing the visa from being issued, not something you did or did not do. You can always re-apply. It is always up to the visa officer on any given day as to whether they issue the visa or not.

        Good Luck to you.

        This is my opinion and not legal advice. Use of this information is strictly at your own risk.

        Trinity71

        Comment

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