Denied H1B Visa...can I reapply ?

[ak84]

Hi,

I have been in the US since 2001. I finished my undergrad ( Bachelors in Economics ) from UVA in 2005 and then worked from 2005-present on H1B. My current H1b expired and I left the country to renew my visa with an approved I-797.

My H1B visa got rejected by the immigration officer under Sec 214 (b). Besides being extremely upset due to all my stuff being there and a lovely girlfriend of 5 years, I am trying to figure out my options.

I am an Indian citizen with a Canadian Permanent Residency (similar to American Green Card)

1. Can I re-apply for my H1B visa at the Consulate or does a denial mean that new I-797 is no longer valid and the company must re-apply for a NEW H1b? If i can re-apply, how long should I wait because there isnt going to be much of a change in my situation...I have a job in the US and have lived there for a while but I plan on returning to my home country ( India ) once my second H1B is complete.

2. Can I apply for a B1/B2 visa ? How long should I wait to re-apply?

3. What are my options to travel to the US, if any and when should I re-apply?

Any help would be greatly appreciated!!!

Thanks in advance.

 

[ginnu]

Hi,

I have been in the US since 2001. I finished my undergrad ( Bachelors in Economics ) from UVA in 2005 and then worked from 2005-present on H1B.

My current H1b expired and I left the country to renew my visa with an approved I-797.

My H1B visa got rejected by the immigration officer under Sec 214 (b).
------------------------the Visa officer in US consulate rejected your visa. did you go to US consulate in Canada?
Besides being extremely upset due to all my stuff being there and a lovely girlfriend of 5 years, I am trying to figure out my options.

I am an Indian citizen with a Canadian Permanent Residency (similar to American Green Card)
--------------did you apply for Visa in India or Canada.

1. Can I re-apply for my H1B visa at the Consulate
---------------------YES
or does a denial mean that new I-797 is no longer valid and the company must re-apply for a NEW H1b?
-------------I-797 is approved by USCIS and Visa is under DOS.
If i can re-apply, how long should I wait because there isnt going to be much of a change in my situation...I have a job in the US and have lived there for a while but I plan on returning to my home country ( India ) once my second H1B is complete.

2. Can I apply for a B1/B2 visa ? How long should I wait to re-apply?
-------------------H1 is DUAL intent visa. I dont know why the Visa officer rejected it H1. you can take the help of your Company Lawyer .B1/B2 will be rejected.
3. What are my options to travel to the US, if any and when should I re-apply?
------------- your Lawyer from US should explain to US consulate that H1 is dual intent visa and can write the law/regulation and can explain to US consulate.
Any help would be greatly appreciated!!!

Thanks in advance.

http://travel.state.gov/visa/frvi/denials/denials_1361.html

 

[ak84]

H1B denied ...can i reapply ?

Here is the situation:

I had a DUI in the US in Feb 2007. On the application I misinterpreted the question of being arrested. I was upfront with the officer when he asked if I had been arrested and told him I got a DUI with no jail term and 1 year probation which is complete. He said I should have answered yes to the arrest question but I honestly did misinterpret because I thought only felonies were required to be declared.

They put my application on hold and he said as long as the DUI was the only item on my record, I would be ok.

I went back to the embassy today after 1 month for fingerprints ....a DIFFERENT immigration officer reviewed my case and i explained to him what happened with the arrest question. He then said that the previous immigration officer did not have any notes on file so he had to reject my application.

Then he handed me the 214 ( b) notice.

He said I could re-apply and recommended I wait for 3 months. However, in 3 months, my situation would not change....the only thing that would change is that I would mark yes for arrest on the application and Yes for 1 visa denial.

I am not sure what to do in this case and what to tell my employer and immigration attorney. Is there anything I can do in this case to ever get an H1B or B1/B2 or will I be denied entry permanently.

My initial thought was to re-apply from Canada in the next month but I am not sure if this will help....

I told the immig. officer that I didnt mean to lie on the application and I was forthcoming on my own about the arrest.

Please advise as I know this is a slightly complicated situation and am extremely upset.

Thanks so much .

 

[ak84]

http://travel.state.gov/visa/frvi/denials/denials_1361.html

So , here is the situation:

I had a DUI in the US in Feb 2007. On the application I misinterpreted the question of being arrested. I was upfront with the officer when he asked if I had been arrested and told him I got a DUI with no jail term and 1 year probation which is complete. He said I should have answerred yes to the arrest question but I honestly did misinterpret because I thought only felonies were required to be declared.

They put my application on hold and he said as long as the DUI was the only item on my record, I would be ok.

I went back to the embassy today after 1 month for fingerprints ....a DIFFERENT immigration officer reviewed my case and i explained to him what happened with the arrest question. He then said that the previous immigration officer did not have any notes on file so he had to reject my application.

Then he handed me the 214 ( b) notice.

He said I could re-apply and recommended I wait for 3 months. However, in 3 months, my situation would not change....the only thing that would change is that I would mark yes for arrest on the application and Yes for 1 visa denial.

I am not sure what to do in this case and what to tell my employer and immigration attorney. Is there anything I can do in this case to ever get an H1B or B1/B2 or will I be denied entry permanently.

I just became a PR of Canada in Sep 08 so I am years away from becoming a citizen.
My initial thought was to re-apply from Canada in the next month but I am not sure if this will help....

I told the immig. officer that I didnt mean to lie on the application and I was forthcoming on my own about the arrest.

Please advise as I know this is a slightly complicated situation and am extremely upset.

Thanks so much .

 

[ak84]

come on i need some help guys....

 

[Whaledad]

I have been in the US since 2001. I finished my undergrad ( Bachelors in Economics ) from UVA in 2005 and then worked from 2005-present on H1B.

I am an Indian citizen with a Canadian Permanent Residency (similar to American Green Card)

If you have been in the US all the time from 2001, how come you have a Canadian LPR?

My H1B visa got rejected by the immigration officer under Sec 214 (b).

I had a DUI in the US in Feb 2007. On the application I misinterpreted the question of being arrested. ....a DIFFERENT immigration officer reviewed my case and i explained to him what happened with the arrest question. He then said that the previous immigration officer did not have any notes on file so he had to reject my application.

Turns out you know exactly why you were rejected.

1. Can I re-apply for my H1B visa at the Consulate or does a denial mean that new I-797 is no longer valid and the company must re-apply for a NEW H1b? If i can re-apply, how long should I wait because there isnt going to be much of a change in my situation.

He said I could re-apply and recommended I wait for 3 months.

He told you exactly what to do and how long to wait.

Any help would be greatly appreciated!!! Thanks in advance.

Instead of appreciate, you should start accepting the help that's given to you. The immigration officers are treating you more than fair.

Wd