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  • Visa interview rejection query

    Hi Guys,

    I have never travelled to US before. Working for capgemini currently who applied for my h1b this year and luckily it got selected too in lottery. Now waiting for approved petition and hoping no RFE.

    After going through the forum it seems to me that there are chances of getting rejected in visa interview at the consulate. Which brings me to raise this question/s-

    1. Will I be Cap-Exempt in case I get rejected in VI
    2. Assuming same employer can file for new petition under cap-exempt anytime throughout the year (no need to wait till Apr16 again?)
    3. I can resign from my emp and join other emp who can back the H1B transfer under cap-exempt (again do I still need to wait till Apr16
    for this?)

    OR

    Every option stated above is invalid and I will again have to go through the pain of lottery etc with fresh application...

    Thanks,
    h1b2016

  • #2
    Originally posted by h1b2016 View Post
    Hi Guys,

    I have never travelled to US before. Working for capgemini currently who applied for my h1b this year and luckily it got selected too in lottery. Now waiting for approved petition and hoping no RFE.

    After going through the forum it seems to me that there are chances of getting rejected in visa interview at the consulate. Which brings me to raise this question/s-

    1. Will I be Cap-Exempt in case I get rejected in VI
    2. Assuming same employer can file for new petition under cap-exempt anytime throughout the year (no need to wait till Apr16 again?)
    3. I can resign from my emp and join other emp who can back the H1B transfer under cap-exempt (again do I still need to wait till Apr16
    for this?)

    OR

    Every option stated above is invalid and I will again have to go through the pain of lottery etc with fresh application...

    Thanks,
    h1b2016
    Why do you feel you will be rejected? As long as employer has right documentation I dont see any strong reason for rejection.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      Why do you feel you will be rejected? As long as employer has right documentation I dont see any strong reason for rejection.

      This is my opinion not legal advice.
      Thanks Raghvi.

      I am not thinking at all on the lines of getting rejected. But I feel there is still some chance where bad-luck can play spoilsport.

      So I am only trying to know all the possibilities here. One of my friends got rejection in visa interview and he also was from a well reputed IT company.

      So do you think a person can apply in cap-Exempt if his/her visa stamping gets rejected.

      One of the main reasons why I am thinking for all possibilities is that I have an offer from a big bank with good hike. But joining them would mean loosing the chance of travelling to US on H1B.

      So I am in a great confusion of choosing between these 2 options. If I stick with current emp then I am leaving it to a chance of getting H1B rejection/selection. And I want to analyse all the risk factors in H1B process so as to come to a final decision.

      Thanks,
      h1b2016
      Last edited by h1b2016; 05-22-2015, 01:18 AM. Reason: added more

      Comment


      • #4
        Originally posted by h1b2016 View Post
        Thanks Raghvi.

        I am not thinking at all on the lines of getting rejected. But I feel there is still some chance where bad-luck can play spoilsport.

        So I am only trying to know all the possibilities here. One of my friends got rejection in visa interview and he also was from a well reputed IT company.

        So do you think a person can apply in cap-Exempt if his/her visa stamping gets rejected.

        One of the main reasons why I am thinking for all possibilities is that I have an offer from a big bank with good hike. But joining them would mean loosing the chance of travelling to US on H1B.

        So I am in a great confusion of choosing between these 2 options. If I stick with current emp then I am leaving it to a chance of getting H1B rejection/selection. And I want to analyse all the risk factors in H1B process so as to come to a final decision.

        Thanks,
        h1b2016
        You have to see if you have strong documentation with respect to the position in US. Generally folks working for large companies and are experienced do not face mush hurdle. But suppose you only a year or so old in the company, with say 2-4 Years exp going in for a end client project, you may be questioned about end client letter SOW etc. Do ensure that you have all that taken care of. Generally large companies have an internal immigration team taking care of all these documentation. Work closely with them about securing end client documentation.

        Even then if you get rejected, the officers generally issue a 221G , a soft refusal, with a possibility of giving a chance to provide the necessary documentation. There again work with your immigration team to respond with those documentation.

        Even then if USCIS is not convinced, they may either put the case a long admin processing. This is the time they may either revoke the petition, if USCIS revokes the petition one does not remain cap exempt.

        As for comparison of a US deputation with a large Bank offer , its your personal decision. But based on past trends on H1 processing, its been a lottery since last 3 Years and would most probably continue to be a lottery till demand reduces or suitable legislation is passed. You are one of the selected in lottery, I would say utilize it to its maximum before abandoning it.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          You have to see if you have strong documentation with respect to the position in US. Generally folks working for large companies and are experienced do not face mush hurdle. But suppose you only a year or so old in the company, with say 2-4 Years exp going in for a end client project, you may be questioned about end client letter SOW etc. Do ensure that you have all that taken care of. Generally large companies have an internal immigration team taking care of all these documentation. Work closely with them about securing end client documentation.

          Even then if you get rejected, the officers generally issue a 221G , a soft refusal, with a possibility of giving a chance to provide the necessary documentation. There again work with your immigration team to respond with those documentation.

          Even then if USCIS is not convinced, they may either put the case a long admin processing. This is the time they may either revoke the petition, if USCIS revokes the petition one does not remain cap exempt.

          As for comparison of a US deputation with a large Bank offer , its your personal decision. But based on past trends on H1 processing, its been a lottery since last 3 Years and would most probably continue to be a lottery till demand reduces or suitable legislation is passed. You are one of the selected in lottery, I would say utilize it to its maximum before abandoning it.

          This is my opinion not legal advice.
          Thanks a lot man. Very nicely explained. It helped me a lot to gain better perspective of the whole situation.

          I will follow-up with my org's immigration team and see how strong my case looks. Dont have any issues with overall exp or duration of employment with current org.

          As of now I do have a month's time at hand before I take the final decision. Hoping that I get petition approval/decision before that as notice date on my receipt was 27th April.

          Cheers,
          H1b2016

          Comment

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