Visitor Visa- 214(b)

[psanka]

Hi, I applied for a F-1 visa in 1997 and got refused with 214(b). In 2000 my company has applied for a b-1, again it got refused with 214(b). Between 2003 till 2005 May, I was in Dubai and now shifted to India. Now my company wants to reapply for a B-1. But at present my brother in US has got Green card.

What are the prospects of myself getting a B-1? I really appreciate your responses on this situation. If there are chances, how to proceed? What kind of documentation/proofs would help me?

Thanks very much

[skk538]

The outcome of a third app for a B1 can be unpredictable.

What did the consulars tell you when you went for a student visa
and the last B-1 as the reason for refusal? Try to overcome that
this time.
Most common reasons are inability to prove ties to home country and
insufficient funds.
Can you prove strong ties to your home country like large financial base,
property, something that you will definitely come back to?
Your brother getting a green card may be another factor going against you.

Is it not possible for your company to get you an H-1b , a work visa,
that enjoys dual intent ?( you do not have to prove that you will come
back to home country) Previous refusals with immigrant intent as an
issue do not matter when applying for an H-1b.

[psanka]

Thank you for your reply. I was also insisting my company for h-1 instead of b-1 but they were asking me to try for a B-1 first. I am planning to defer it if the chances are slim.

When I went for F-1, it could be because I couldn't show proper funds. When I went for B-1, I couldn't get what went wrong. As you said if I try for a H-1 b, what kind of interview can I expect ? Will they dig into B-1, F-1 refusals ? Would they consider having brother in US negative aspect for a H-1b ?
This is where I am not confident to apply.

Thanks very much for your time.

[akbarmuradabadi]

Hi, I applied for a F-1 visa in 1997 and got refused with 214(b). In 2000 my company has applied for a b-1, again it got refused with 214(b). Between 2003 till 2005 May, I was in Dubai and now shifted to India. Now my company wants to reapply for a B-1. But at present my brother in US has got Green card.

What are the prospects of myself getting a B-1? I really appreciate your responses on this situation. If there are chances, how to proceed? What kind of documentation/proofs would help me?

Thanks very much

i think your best bet is to apply for b-1 again through your company.Your company should make a strong case that you are a vital player in their business and they need you expertise in India after your return from US. This will largely depend on how big your comapny is. The bigger the better. Else the chances are slim......

ON second thoughts moving from one type of visa to another may relect badly as it may give an impression that you want to go to US by hook or by crook.

FOr now I would suggest sticking to B-1 and show strong ties to India.

You must say in your apploication that your bro is in the US.

Hope it helps.

[skk538]

H-1b and L-1 are the only two non-immigrant visas that enjoy immigrant intent by law. Which means that when interviewing an applicant for these
2 visas , the consulars DO NOT have to determine that he/she will return
home, while returning is a very important issue for B and F visas.

So, with all due respects, I disagree with AKbarmuradabadi, who has presented his
views on this too. I recommend you go fearlessly with H-1b if your
company sponsors you for it.Your previous B-1/ F refusals and your
brother being there will have
no impact on an H-1b. You will get your H-1b provided your petition is approved in US, all your documents are in order and you have never made a misrepresentation.