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H1B stamping refused -- please help

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  • H1B stamping refused -- please help

    Hello every one.

    I came to india for vacation and went for H1 stamping.I was allotted an emergency slot in delhi embassy for interview. On interview day they said it is approved, later they emailed making case 221g and asked more documens of employer. I sent ALL documents of client and employer. after one and half month they refused my visa stamping and returned my passport. the 797 is still attached to passport and is valid till next 2011 Sep. What should I do now.
    The reason they gave is that the petitioner is not able or willing to provide employment to me at legal terms.
    - Can I ask my client to transfer H1 to itself? is that possible?
    - How can I come back with out a fresh H1 application now.
    Can I get my H1 stamping reopened. I have a job in US, so I have to get back asap. don't know how. please help. Is H1 transfer to end client a good idea when only 1 year is left on the 797 approval. i dont hav emuch time what to do?

  • #2
    You can transfer the H1B to a new employer (Maybe your client or any other employer for that matter). When the transfer gets approved (Can get it done in 15 days if applied by premium process), you can go for stamping again with the new petition.
    Not a legal advice. Use of this information is strictly at your own risk.


    • #3
      Thank you. My employer is currently making me wait saying they will find out some solution. I am not sure if I should wait.

      Does any one know what is the process of H1 transfer and how much time does it need? Will stamping rejection effect it?

      I have my GC 2nd stage completed and I have already been on H1 for 6 years. If the client agrees for H1 transfer what after a year when my current 797 and passport both will expire. Can my h1 still be extended for 3 years if my gc ends.

      Should I wait till my employer says nothing can be done?
      Is going for fresh new application good?
      Are there any other alternative for me to re-request visa stamping or get back to us in couple of months.