H1b Visa Denied giving non-sense reason

[lostpacket]

Hello,
On May 31'st 2011 I appeared for H1b visa interview at New Delhi Consulate. The visa was refused after 3 months of administrative processing and the case was then sent to USCIS.

After this , my employed filed a new h1b under premium processing. I got it approved on 29'th Sep 2011. I made appointment at Mumbai consulate.

The visa officer questioned why I am bringing the "same case" on New Delhi back to Mumbai and I should wait for the USCIS to finish their review.

I explained him that this is a new petition. The Visa officer still argued that I should wait for USCIS to review.

It don't make sense for me to wait for Old petition when new petition was approved.

How to deal with these fools ? This is total negligence.

Any suggestions ?

[shervin143]

First of all your argument doesn't make any sense. There was indeed a problem with your employer and that is why they have sent the case back to USCIS to review. If you get another petition approved for the same employer, it doesn't mean that everything is alright now. The VO has a point. They would have attached enough documents why they want USCIS to review the case again. Getting a new petition approved for the same employer unfortunately doesn't change anything. They would either put the case again under admin process or will wait for the first case to get cleared by USCIS.

Your best bet in such situation is to find a new employer who can sponsor your H1B.

[lostpacket]

Well if there was problem with my employer , why did the USCIS approved the second petition at first place ?

[lostpacket]

Further more the old petition in review is already expired.

[shervin143]

The responsibilities of USCIS and consulate are different. These days consulates are held more responsible. With your argument, there is no need for a consulate when a petition is approved by USCIS. Unfortunately the system is not well integrated. Consulate would have send their findings to USCIS to review. So it looks like they are not going to issue you a visa until USCIS responds back that everything is okay your petition. Until they here that back, the chances of they approving the visa on a new petition for the same employer is very slim. This is not new. Lot of people have gone through this. Like I mentioned in my previous reply, your best option now is to look for a new sponsor. Once you are in U.S, you can file a transfer back to your existing employer (If you wish) and the chances of that transfer getting approved is high (That is why I mentioned there is a big disconnect in their system).

Well if there was problem with my employer , why did the USCIS approved the second petition at first place ?

[lostpacket]

no point of working on an expired petition

The consulate should treat new petition as new application for visa.
What's the point of USCIS for working on expired petition ?

In K1 visas, when the petition is expired in review, it is marked as expired instead of re-affirmed or revoked. I tried to find an answer for what happens when an h1b petition under review gets expired. I couldn't find it even on USCIS website. Any point for working on expired petition and waste time ?

[shervin143]

The consulate should treat new petition as new application for visa.
>>> Well, then you should tell them that. Maybe they need to know how to do their job.

What's the point of USCIS for working on expired petition ?
>>> How do you know that USCIS is just working on your expired petition. The Consulate might want USCIS to check if any petition for this employer should be approved at all in the future. It is hard to comment without knowing the facts. Maybe the employer violated some H1B regulations. Who knows why the petition was sent back to USCIS for review. So from Consulate's point they are not going to approve any petition for you from the same employer until the existing issue gets cleared by USCIS with detail review and maybe site visit by the USCIS officials. If USCIS says that everything is okay after consulate issuing a 221g, then the consulate is not held responsible for any future issues.

In K1 visas, when the petition is expired in review, it is marked as expired instead of re-affirmed or revoked. I tried to find an answer for what happens when an h1b petition under review gets expired. I couldn't find it even on USCIS website. Any point for working on expired petition and waste time?
>>> Again, it is not just the expired petition that they are working on. It could be the employer background verification. It is impossible to comment without knowing the facts.