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H1B Refused on 17th April 2009

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  • H1B Refused on 17th April 2009

    Hi - I filed my H1B through consultants, and went for the Interview during Feb 2009, got 221g(Blue Slip) , waited for a month to get all the docs required from the consultants, and dropped all of the docs in the VFS Bangalore Center. After a month's wait, i got a letter from USCIS stating..

    Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations

    Looks like all my original Petition, LCA , I 129 are sent back to US.

    Note : I had worked for couple years in my previous H1 between 2001 and 2003 and after that i have been in India only. I infact had filed my Taxes online in 2004 from India and also have all my W2's with me. This was never asked by the VO so i have not produced anything pertaining to my earlier trip.

    Now my Q's are :

    1. What could be the reason that they sent the petition back to US ? Do they reveal it to me or to the Petitioner at least in a written letter ?
    2. What are the options to appeal or fight for this, as i am genuine w.r.t all my original certificates/qualifications, and if the Employer is also genuine from his end, How do we handle this situation ?

    Guys, Please share your experiences and advice on this case at the earliest, i am really looking for some help.

    -Param

  • #2
    They are not convinced that your employer has the ability to provide a job for you or that he can pay you.
    This is my opinion and not legal advice.

    Comment


    • #3
      What Next ?

      Yeah, that is what i could understand from their statement, but is there an appeal for this ? My Employer , to my knowledge, had sent a lot of guys to US in the past and their business is not all that bad, though the economy itself is very bad now. They had given me all the required docs before i drop them all in the VFS but i dont really understand what exactly the reason behind for a visa refusal.

      I read from the websites that there are options like 'Motion to Re-open/Motion to Re-consider ( MTR) " which is like an appeal to them, to reconsider. But what i really like to know are

      1)Does the US Embassy/USCIS inform in written to the Petitioner that their visa was denied/petition was cancelled for so-and-so reason?

      2)What are the possibilities to win the case if we go in for MTR ?

      3)Does it require energy/strength/time to win the case ? Bcos i read in some websites that its better to go for a new petition than fighting since it takes a lot of time. I dont really like to apply once again !!

      Please advice.

      thanks,
      Param

      Comment


      • #4
        MTR is applicable to only USCIS decisions, not consular decisions. The consulate will refer the case to USCIS and the USCIS will either reaffirm the petition or revoke it based on the documentation provided by the consulate to them.

        The employer will be contacted by USCIS.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          thanks

          That was more clear, thanks.

          So, the evidence that the consulate had come up with , to recommend cancelling the petition, would be shared with the Petitioner too ?

          Whether the USCIS revoke/reaffirm the petition, it would be informed to the employer, right ? And How soon ?

          Do you guys know of any cases (what are the chances?) that the USCIS reject the consulate recommendations ?

          -Param

          Comment


          • #6
            Is this true?

            Hi - I contacted my employer with that consulate letter and she clarified that this message is due to the fact that consulate is having doubts on my credentials/qualifications hence they would ask USCIS to get more details about me from the Petitioner to justify that i am fit for the job.

            Is this true ? I am genuine and have worked with big companies in India, and also have 10yrs of experience in the Industry, with a B.E degree. In fact i had worked earlier with another H1 few yrs ago and returned back to India.

            I am bit surprised to know from the petitioner that this rejection was due to me, and not because of any thing to do with the petitioner or with the docs provided by them. i am really puzzled !?!

            I am much eager to know if this is a standard message that the consulate send to us even if they have doubts on the beneficiary? or this is purely petitioner specific ?

            Seniors - Do you guys know of such beneficiary related cancellations/refusals and how would the consulate inform in such cases ?

            Answers, please ... thanks.

            Comment


            • #7
              any advice ?

              guys - any advice for my case ?? i am eagerly waiting for your inputs...

              thanks a lot !

              Comment


              • #8
                Originally posted by paramkrish View Post
                Hi - I contacted my employer with that consulate letter and she clarified that this message is due to the fact that consulate is having doubts on my credentials/qualifications hence they would ask USCIS to get more details about me from the Petitioner to justify that i am fit for the job.
                If it was your qualifications that the consulate had questions about, they would issue a 221g to provide additional details and verify your background from the many background check companies that already provide the services to the consulate.

                It is the employer credentials in question here.

                I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

                Comment


                • #9
                  ok

                  okie. what if someone goofs up at the consulate interview , that is, if he does not answer properly to show his qualification or did not convince the VO that he is qualified enough ?? i am asking this to know what a candidate can mess up at the time of interview if all of his docs are perfect ? in that scenario, what kind of a reason that the consulate would give for the rejection ?

                  Comment


                  • #10
                    There is no problem with your credentials. The reason for denial clearly states that the problem is with the employer. Did they ask for client letter, project details etc.? Did the employer provide 'in-house' project details? If yes, that could be the whole reason. Does the employer have good finances to sponsor an 'in-house' project?
                    This is my opinion and not legal advice.

                    Comment


                    • #11
                      guess, right

                      your guess was right. it was an in-house project, but in the 221g they did not ask for a client letter since i told during the interview that it was a in-house project so they wanted a detailed project description which my employer provided after a month, that runs for 5 pages. but i m not sure if the consulate was convinced with that letter or not.

                      Comment


                      • #12
                        Hi Param,
                        any updates?
                        I got same refusal letter from US embassy.
                        Please share your exp.

                        Comment

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