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H1 Rejected, what to do? Need help/advise ASAP

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  • H1 Rejected, what to do? Need help/advise ASAP

    Hi, my brother in law was on H1 and my sister was on H4. My BIL's GC was in process and his EAD had already come, but my sister was traveling abroad (studying) when his GC was applied for so her GC couldn't be applied that time. My BIL didnt move on to EAD bec of my sister.

    When my BIL lost his job, he had to move on to EAD making my sister out of status. Eventually my BIL got his job and my sister got a job too, the lawyer suggested my sister to goto India to get it stamped. She has been there for 3 months now and was waiting for her H1 approval. For some reason now, her H1 got rejected.

    The letter said:
    This office regrets to inform you that it is unable to issue a visa to you because you have been
    found ineligible to receive a visa under Section 221(g) of the Immigration and Nationality Act.
    Section 221(g) of the Immigration and Nationality Act prohibits a consular officer from issuing a
    visa to an alien if the consular officer has reason to believe that the alien is ineligible.
    Based on indications that the petition filed on your behalf contains inaccurate information, we
    are returning it to the Bureau of Citizenship and Immigration Service (CIS) of the Department of
    Homeland Security (DHS) for review and possible revocation. If the CIS determines that the
    information we are providing would provide a sufficient foundation for initiating revocation
    proceedings, it will send you a notice of intent to revoke. The notice will include a statement of
    the facts and evidence and you will have the opportunity to respond.
    Under Section 222(f) of the Immigration and Nationality Act, which addresses the
    confidentiality of the visa records, we are unable to provide any further details.


    But there was no iformation that was false, everything stated in there was true. My sister and BIl have been in US since past 9yrs now, she finished her MBA last year from one of the top US universities. Can anyone suggest what should be done? Is there a way to appeal? Can she come back to US on a visit visa? Can she come back here anyway possible? They have a home here, they have build their life here.

    PLEASE PLEASE advise if there is a solution.
    Thanks

  • #2
    Need to know why was the application rejected? Based on letter received it looks like false information was provided? You or applicant knows best what was incorrect in the application. What about out of status periods of stay?

    Comment


    • #3
      Hi orion thanks for the reply.

      Sadly there was nothing that was false or was a lie. She was in US for 3 months without status (less than 6 months). My BIL and sis are very particular abt all the paperwork and everything provided was infact true.

      Is there some way to appeal or contest their decision?



      Originally posted by orion View Post
      Need to know why was the application rejected? Based on letter received it looks like false information was provided? You or applicant knows best what was incorrect in the application. What about out of status periods of stay?

      Comment


      • #4
        Need to contact a lawyer. Did the H1b job exist?

        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
          Yes ofcourse
          Thanks for your reply


          Originally posted by txh1b View Post
          Need to contact a lawyer. Did the H1b job exist?

          Comment


          • #6
            Like I said earlier, another credible sponsor will likely work 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


            • #7
              H1 to MBA 's from USA

              hi guys,

              I need help and advice!!!

              I got my f2 wuth the help of the forum now in USA with my husband.My husband is doing his MBA from CSULA.Looking at the H1 issues and job market we are scared that after two years when he will graduate will he get a job in USA.he issue is we r taking loan for studies and using the education as one the ways to settle in USA.He is already a MBA and me too we were working in India,Delhi before.Plz advice shud we go back to India or shud we invest money in MBA from California state university LA.Do MBA's get H1 issued.

              Plz help me with this issue if u have any information or u have MBA from USA


              Thanks & regards

              Shweta

              Comment


              • #8
                My husband's H1-B extension with current employer also got denied
                and he is also starting his part time MBA in Bay area with H4 visa
                Investing his hard earned money.....not loan......

                r we fools...to do it ?

                Comment

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