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Could my H1 VISA be rejected?

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  • Could my H1 VISA be rejected?

    Dear Experts, I am in the mechanical engg industry, I have an approved I140 and I am in the 7th year of H1B that will expire in Jan of next year and before that I am planning to get my H1 extended for three years.

    Sometime in Aug, I am planning to go get H1 VISA for me and my H4 wife in India while on vacation. The problem is, given the economic conditions, and the unfriendly situation against H1Bs, I am worried my VISA will be rejected for some reason like overqualification (my current job requires a Bachelors + 3 yrs, I had a Masters + 4yrs when I joined my current company), or an old DWAI I received way back in 2003 (in fact one of my colleague's H1 was rejected citing an old 2002 DUI, not the same job description though, I am not sure his job even required a bachelors degree). So do you think it would be wise to go now, or given the fact that I have an approved I140, I am in pretty good shape? Very worried, I need to decide before the end of this month if I want to cancel my air tickets....please help.
    Thanks,
    Sunny.

  • #2
    I am in the mechanical engg industry, I have an approved I140 and I am in the 7th year of H1B that will expire in Jan of next year and before that I am planning to get my H1 extended for three years.

    Sometime in Aug, I am planning to go get H1 VISA for me and my H4 wife in India while on vacation. The problem is, given the economic conditions, and the unfriendly situation against H1Bs,

    I am worried my VISA will be rejected for some reason like overqualification (my current job requires a Bachelors + 3 yrs, I had a Masters + 4yrs when I joined my current company),

    ---- If you were overqualified how did you get to the stage of I-140. DO you think everyone hs overlooked your so called qualifications and are you so specially qualifiied that no one can match your qualifications or no one can possibly acquire such qualifications

    or an old DWAI I received way back in 2003 (in fact one of my colleague's H1 was rejected citing an old 2002 DUI, not the same job description though, I am not sure his job even required a bachelors degree).

    ---- What is a DWAI? If it is DWI, then yes you should have all the documents in your possession that you have been cleared and the court has issue dan order to that effect. It does not matter how long ago it was, nor under what circumstances it took place

    So do you think it would be wise to go now, or given the fact that I have an approved I140, I am in pretty good shape? Very worried, I need to decide before the end of this month if I want to cancel my air tickets....please help.

    ---- It does not matter when you go for a visa stamp, you have to prove everything about yourself, your employer and answer all the queries posed by the VO. After all it is your visa

    Subramanya

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    • #3
      Its funny you mention it, but I received an RFE for the I140, and all they asked were pay stub info. I agree with your reasoning though.

      DWAI is a lesser offense than a DUI, it stands for Driving While Alcohol Impaired, which is a misdemeanor, not an offense. My friend from Turkey got his VISA rejected as he had a DUI (offense).

      I might have to contact the court to get a copy...I don't remember where I put it.

      Anyone who is reading this thread, do you know of someone who got their H1 VISA rejected in the last few months citing over qualification? I heard that this is possible, all they need is a reason to reject now for PR purposes.

      Thanks,
      Sunny.

      Comment


      • #4
        H1bs don't get rejected for over qualification. Where on Earth did you hear that from? As long as the minimum is satisfied, you will be fine.

        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
          I agree with txh1b. H1B can not be rejected because of overqualification. In fact, if you think about it, lot of people who do their MS in US and get a job are already overqualified for the job. Thousands of jobs don't require Masters Degree, yet people apply there and get the job. You don't have to worry about rejection due to overqualificaiton. However, I am not sure about your DWAI case. Better consult your attorney and prepare the documents in advance. Good luck.

          Comment


          • #6
            Anything to do with Alcohol may delay visa issuance as consular may ask for a panel evaluation.

            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

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