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H1 Visa refused due to US Employer ineligibility

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  • H1 Visa refused due to US Employer ineligibility

    Hi,
    I was refused visa by Chennai Consulate for H1. Following is the letter from them.

    Please let me know whether this is complete rejection or can we take up this with USCIS. Or do I need to apply fresh for next quota.
    ========================================
    Letter Content:
    > ============================
    > Friday, August 31, 2007
    >
    > Based on the documents you have submitted to us, and
    > the information elicited in your interview with an
    > American Consular Officer, you do not appear to be
    > qualified for an H-1B temporary work visa, because:
    >
    > Your petitioner does not appear to be either able or
    > willing to provide qualifying employment in United
    > States in accordance with appropriate laws and
    > regulations.
    >
    > In accordance with United States Law and Department
    > of
    > State guidelines, action on your case has been
    > suspended, and the I-129 Petition for a
    > Non-Immigrant
    > Worker filed on your behalf will be returned to the
    > United States Citizenship and Immigration Services
    > (USCIS) with a memorandum explaining the facts of
    > your
    > case as presented to us a 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.
    >
    > For your information , your visa was refused today
    > under Section 221(g) of the Immigration and
    > Nationality Act(INA) . Essentially, this section
    > states that a visa cannot be issued to anyone whose
    > application does not appear to the Consular Officer
    > to
    > meet the requirements of the INA or of the
    > regulation
    > thereunder.
    >
    > Thank You.
    =====================
    Your suggestions and help will be appreciated.

    Thanks,
    Kamal

  • #2
    You have been rejected.

    Comment


    • #3
      My H1B is also refused and same 221g form handed to me. Even I'm not sure how should I proceed with this case. Is it possible to go for restamping in this case? If not, can I use this petition to transfer onto other company? Please suggest.

      Comment

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