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B1 visa denied 214(b) - Urgen Help.....plz

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  • B1 visa denied 214(b) - Urgen Help.....plz

    Hi All,

    Date of Interview : 7th,Nov,2008 Place: Chennai Timings: 12.45 Visa category : B1
    purpose: To meet Business partners,associates, To define delivery model for the business objectvies,Meeting with technical and functional teams to geter process information to coordinate furture global delivery work etc.

    Duration : 120 days. Travel to US : Dec 28, 2008 Designation : Lead
    Experience in the current company : 2 months Total Experience : 2.8 yrs

    Note: I applied H1 B Last Year. I went to consulate for an interview on 25ht october 2007.( 1 year back ). I got a query (221g Blue)but my H1 B case is still pending. It is in the Suspend mode. when i sent a mail regarding my H1 B case to chennai i got reply as follows

    "Thank you for your e-mail. In accordance with United States law and Department of State guidelines, action on your case has been suspended, and your petition for a Non-immigrant Worker filed on your behalf was returned to the United States Citizenship and Immigration Services (USCIS) on April 8, 2008 with a memorandum explaining the facts of your case as presented to us at the time of interview. The U.S. Consulate in Chennai is no longer handling your case, and will be unable to give you any information on the status of your petition. Please refer any questions through your petitioner directly to the USCIS office"

    My conversation with CO(Consular officer) as follows: ( B1 visa - 7th Noveber, 2008)

    CO : Your are Sunny?
    ME : Yes Sir.
    CO: What is your designation?
    ME: Microsoft Dynamics GP Lead
    CO: Give me any document which refer your trip.
    ME: Yeah sure. ( I gave invitation letter for B1 Trip )
    CO: What are your duties?
    ME: I explained as in the invitation letter.
    CO: How long will you be staying in USA?
    ME: 14 weeks to 16 weeks
    CO: How long you have been working with the current employer?
    ME: 2 months
    CO : what is your current Salary?
    ME: XXX per annum
    After some time ( verified in his System ) he gave a 214(b) form and said “we are unable to issue a visa for you, Thank you.”

    Can you please tell me wht coulbe be the reason for refuse.
    When can i re apply my B1 once again?
    what are the additional documents requried?
    how many times we can apply B1 in a Year?
    If i change my purpose of trip to Requirment gathering , Business analaysis is there any problem for next time interivew?

    Thanks in advance

  • #2
    Originally posted by sunnymbs
    If i change my purpose of trip to Requirment gathering , Business analaysis is there any problem for next time interivew?

    This statement of yours leads ne to believe that the VO has correctly assessed your situation. If you can "change" the reason for your trip, the need does not exist for the trip. This plus your H1B status makes it look like you are going to US to find another H1B employer rather than conduct business for your current employer. Since a B1 visa also allows you to enter the US as a visitor, the VOs should consider the overall implications of issuing a visa.


    • #3
      Why your H1B is still pending

      Sunny, I want to know

      1) Why your H1B is still pending. Have you dropped your documents after your H1 query. Is there any problem from your H1b petitioner? That would have effected your B1 visa. Let me know your opinion.

      2)Why you told duration as 14 to 16 weeks. With B1 visa you can't stay more than 3months means hardly 12 weeks. This also could be the reason for refusal.
      Last edited by ravindharbalugu; 11-11-2008, 12:58 PM.


      • #4
        Duration of stay and period of employment with current employer were red flags in OP's interview.