Tweet
Below is the visa refusal letter that I received after 5 months after attending visa interview. This was 2 years ago. Now I want to apply for H1B. Am I cap exempt ?
--------------------------------------------------------------------------
--------------------------------------------------------------------------
A consular investigation, using public and other records, indicates the internal project description of Petitioner's project, 'Project A', which forms the basis for the petition is a sham project, fabricated with the intent to circumvent the U.S. immigration laws.
Your case is administratively closed at the Consular Section. Consular officers apply a 'reasonable person standard' when evaluating the bona fides visa applications (xxxxx). The basis of the return of a petition for revocation is also "evidence that USCIS did not have available at the time of adjudication and that such evidence, if available would have resulted in the petition being denied". These facts establish that the petition is invalid. Further, these facts, as ascertained by consular officers, would convince a reasonable person that the circumstances constitute misrepresentation to evade immigration laws.
Therefore, the reviewing officer has decided that the petition should be returned to the U.S. Citizenship and Immigration Visa Chief. When USCIS receives the returned petition, they will contact Petitioner, who will have an opportunity to rebut consular findings concerning this case. If USCIS revokes the petition, the beneficiary may become ineligible for a visa under Immigration and Nationality Act Section 212(a)(6)(C)(i)(or other appropriate section). If USCIS reaffirms the petition, the petition will be returned to post for further processing. Additional information is available at the Internet site.
WARNING: IF YOU FAIL TO TAKE THE ACTIO REQUESTED OR FAIL TO PRESENT ADDITIONAL EVIDENCE SUFFICIENT TO OVERCOME YOUR VISA DENIAL UNDER SECTION 221(g) OF THE IMMIGRATION AND NATIONALITY ACT WITHIN ONE YEAR OF THE REFUSAL DATE, SECTION 203(g) OF THE ACT REQUIRES THAT YOUR APPLICATION BE CANCELLED.
--------------------------------------------------------------------------
--------------------------------------------------------------------------
--------------------------------------------------------------------------
--------------------------------------------------------------------------
A consular investigation, using public and other records, indicates the internal project description of Petitioner's project, 'Project A', which forms the basis for the petition is a sham project, fabricated with the intent to circumvent the U.S. immigration laws.
Your case is administratively closed at the Consular Section. Consular officers apply a 'reasonable person standard' when evaluating the bona fides visa applications (xxxxx). The basis of the return of a petition for revocation is also "evidence that USCIS did not have available at the time of adjudication and that such evidence, if available would have resulted in the petition being denied". These facts establish that the petition is invalid. Further, these facts, as ascertained by consular officers, would convince a reasonable person that the circumstances constitute misrepresentation to evade immigration laws.
Therefore, the reviewing officer has decided that the petition should be returned to the U.S. Citizenship and Immigration Visa Chief. When USCIS receives the returned petition, they will contact Petitioner, who will have an opportunity to rebut consular findings concerning this case. If USCIS revokes the petition, the beneficiary may become ineligible for a visa under Immigration and Nationality Act Section 212(a)(6)(C)(i)(or other appropriate section). If USCIS reaffirms the petition, the petition will be returned to post for further processing. Additional information is available at the Internet site.
WARNING: IF YOU FAIL TO TAKE THE ACTIO REQUESTED OR FAIL TO PRESENT ADDITIONAL EVIDENCE SUFFICIENT TO OVERCOME YOUR VISA DENIAL UNDER SECTION 221(g) OF THE IMMIGRATION AND NATIONALITY ACT WITHIN ONE YEAR OF THE REFUSAL DATE, SECTION 203(g) OF THE ACT REQUIRES THAT YOUR APPLICATION BE CANCELLED.
--------------------------------------------------------------------------
--------------------------------------------------------------------------
Comment