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Am I advised to go for the visa interview for a different H1 Approval after refusal

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  • Am I advised to go for the visa interview for a different H1 Approval after refusal

    I am a BTech in Computer Science and Engg from Anna Universuity, Chennai. I graduated in May 2005, and am working as programmer for a software firm in Chennai since then.

    My H1 visa to work ina consulting firm in US was refused on Jan 2, 07. The VO asked me if I had a Masters Degree. I said "No, Bachelors" and presented my certificates. He perused them and asked for the company papers. I presented them and he asked" Small Company, huh?"
    The visa officer collected the company papers from me and returned my certificates to me. He then informed me that my visa was refused and gave the following letter.

    The letter reads as follows:

    **** **** **** **** **** **** **** **** **** **** **** **** ** **** ****
    Based on the documents you have submitted to us and the information elicited in an interview with an American Counsular Officer, you do not appear to be qualified for a H1 B temporary work visa.

    In accordance with United States Law and Department of State Guidelines, action on your case has been suspended, and the I-29 petition for a Non immigrant worker filed on your behalf will be returned to united States Citizenship and Immigration Services (USCIS) with a memorandum explaining the facts of the case as presented to us at the time of imterview. The US Consulate in Chennai is no longer handling your case, and will be unable to give you any information on the status of your petition.

    For your information, your visa was refused today under Section 221 (g) of the immigration and Nationality Act (INA). Essentially, this act states that visa cannot be issued to anyone whose application does not appear to the consular officer to meet the requirements of INA or the regulations thereunder.

    **** **** **** **** **** **** **** **** **** **** **** **** ** **** ****
    I have now received H1 approval from a different firm in the US.

    Can you advise me if I should go for the visa interview?

    Thanks in advance for your responses.

  • #2
    H1 Visa

    I am a BTech in Computer Science and Engg from Anna Universuity, Chennai. I graduated in May 2005, and am working as programmer for a software firm in Chennai since then.

    My H1 visa to work ina consulting firm in US was refused on Jan 2, 07. The VO asked me if I had a Masters Degree. I said "No, Bachelors" and presented my certificates. He perused them and asked for the company papers. I presented them and he asked" Small Company, huh?"
    The visa officer collected the company papers from me and returned my certificates to me. He then informed me that my visa was refused and gave the following letter.

    The letter reads as follows:

    **** **** **** **** **** **** **** **** **** **** **** **** ** **** ****
    Based on the documents you have submitted to us and the information elicited in an interview with an American Counsular Officer, you do not appear to be qualified for a H1 B temporary work visa.

    In accordance with United States Law and Department of State Guidelines, action on your case has been suspended, and the I-29 petition for a Non immigrant worker filed on your behalf will be returned to united States Citizenship and Immigration Services (USCIS) with a memorandum explaining the facts of the case as presented to us at the time of imterview. The US Consulate in Chennai is no longer handling your case, and will be unable to give you any information on the status of your petition.

    For your information, your visa was refused today under Section 221 (g) of the immigration and Nationality Act (INA). Essentially, this act states that visa cannot be issued to anyone whose application does not appear to the consular officer to meet the requirements of INA or the regulations thereunder.

    **** **** **** **** **** **** **** **** **** **** **** **** ** **** ****
    I have now received H1 approval from a different firm in the US.

    Can you advise me if I should go for the visa interview?

    ---- Yes, you can go to the interview, but be prepared to answer all the questions raised by the VO with supporting evidence

    Subramanya

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