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H1 Rejected, can I reappear for my visa again?

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  • H1 Rejected, can I reappear for my visa again?

    I work for a Consulting company in EVC model. I came to India for vacation and went for a visa interview in March 16 and received a 221G. I did not have my client letter and contract. Visa Officer also said work location is different. I submitted my response to 221G with contract and client letter and received rejection letter yesterday. I talked to my attorney and after going through a long discussion on the visa interview, he says that Visa Officer made mistake and did not review correctly. The work location is same as in I129. And attorney says that I should book a visa appointment to appear for visa interview again with the same I129 petition, even though the rejection letter says my I129 petition is sent back to USCIS. My I 129 petition is valid till Jan 2013.

    Can I appear for the visa interview with same petition even if Consulate has rejected me once? My attorney says that till USCIS rejects my petition, it is valid. And since visa officer made mistake about work location, I should be able to get visa.

    But will US Consulate allow me to appear for visa interview again with the same I129?

    If they already sent my I129 petition to USCIS and USCIS has not responded yet, is it legal/valid to go to the Consulate again?

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