h1 visa rejected...

[bondk]

Hi ,

My wife's H1 rejected last week. Can she appear for H4 interview in next 2 weeks or does she have to wait for some time before appearing for the interview?

Will there be any issues about her previous visa rejection?

Thanks

[Ravikiran]

h1 cannot be rejected. 221(g) implies, its pending.
Please clarify

[bondk]

VO took h1 approval petition and the petition will be revoked according to VO. The reason being min. 6 yrs of experience is needed to get H1 visa according to VO

[rahulpaliwal]

there is no law about 6 years of exp required for H1B. If that was true people who got there education here can never get visa. Plus VO does not have the authority to revoke visa. They are just supposed do the stamping part. Was there **** company or **** certifiactes involved if that is the case. then there is a different issue.

[bondk]

There is nothing like **** company or **** documents. VO looked conviced until last minute of the interview. It was a bolt from the blue when VO started talking about number of years of experience required for H1 during the last minute of the interview. I don't know if being the last candidate to be interviewed for the day has any effect on VO decision to deny the visa.

In the final rejection document handed over, it was stated that the applicant does not qualify as H1 worker.

[Ravikiran]

if u see the Visa Rejections in this website. There are 2 types. The most common is 221(g) and the other one is applicable for all categories of VISAS.
6 of years of experience is not a rule.

The other cateogary happens only when the VO Feels there is fraud.

If you are not having 16years of education then u require 3 yrs work experience.

Example:

after 12 / intermediate / hsc , + 4yrs engg is fine for h1(b).
+ 3yrs Bachelors + 3 yrs work exp, will qualify
If the VO is writing to revoke means, She needs to justify and explain the reason to USCIS / INS.

[rahulpaliwal]

I am sorry to hear about all this but as a general rule the VO has to state a reason for rejecting visa. Generally they put 221(g) as they need more docs or something. Total rejection could be due to something **** or something else. But for you both the other cases are False. The only reason i feel the visa was rejected could be that the VO felt that your wifes education may not be the same as her work for what she is applying for. But best would be get the documents from your wife show it to a lawyer and ask if he can do some reserch for you. There may be a certain number that the VO wrote but we dont know or is generally not discussed in the forum.