I-797C form retained by the Delhi Consulate....

[kasturi_s]

Hi Everyone,

I am currently visiting India. I recently got my h1 approval and had to go for stamping in Delhi consulate on 21 Apr 2011. Unfortunately my stamping was rejected stating that my visa has been cancelled and they will send my I797C form back to USCIS.

I have a job in US. I was on student visa since 2008 and after completing my MBA I was on OPT for 9 months when I got my h1 approval on Jan 8,2011. I am very much confused on how to proceed forward with reapplication for the visa.

Please suggest me if I should ask my employer to file my h1 again or should I apply for student visa again. One of the consultant said that h1--> f1 would have higher rejection rate as they would think I am a potential immigrant.

Thanks.

[shervin143]

Find a new employer and ask them to sponsor the H1B. They can use the CAP from your current H1B approval notice and request an immediate start date. When the petition gets approved, you can go for stamping again.

[kasturi_s]

need your help

Shervin:

I went to delhi consulate for stamping. I got my I-797A original form back and a green paper stating "you have no qualifying employment. Your petition will be returned to DHS".

What should be my next step ? I have all the original documents with me. Should I take the interview again ? Or do I have to wait for some other notice from the embassay?

Thanks.

[shervin143]

There is nothing much you could do when your petition is returned back for revocation. Find a new employer who can sponsor you a H1B. The new employer can file the petition using the CAP from your existing approval notice. When the petition gets approved, you can schedule the visa interview again. Upon approval of the visa, you can travel to work for the new employer.

Shervin:

I went to delhi consulate for stamping. I got my I-797A original form back and a green paper stating "you have no qualifying employment. Your petition will be returned to DHS".

What should be my next step ? I have all the original documents with me. Should I take the interview again ? Or do I have to wait for some other notice from the embassay?

Thanks.