2H1-Bs..1 Rejected...help..

aries19sat

New Member
Hello there:

I got into H1-B stamping probelm and I need your help desperately. Following are my details:

I came to India from US (I went to US on F1) on 14th Dec '04. I went to US Cosulate in Chennai on 28th Dec '04 to get my visa stamped. Unfortunately my H1-B visa was rejected saying that I cannot work in software since my bachelors and masters degrees are in Mechanical Engineering. I tried to explain but they didn't listen. As you might have known, consulate decisions are final and cannot be defended unless your application is on hold. If I had only one H1-B visa, I wouldn't have written this mail. I have a second H1-B visa.

Using my second H1-B, now I got an appointment in Delhi Consulate in the first week of Mar' 05. I was advised not to take the appointment in Chennai because they will surely reject again. My concern/question is:

***Will Delhi consulate process my visa after Chennai consulate rejected one? If yes, what all actions/precautions should I be taking?***

Thank you so much in advance for your help,

Following is how I got my second visa:

1) In Dec '03, I applied for H1-B, normal processing, through Employer A.
2) I waited until Aug '04 for approval. I didn't get any.
3) I applied for a second H1-B through Employer B, normal processing.
4) In the last week of Sep' 04, I changed the second H1-B to premium processing.
5) In the first week of Oct' 04, I received both H1-Bs; and then I worked from Oct'04 to Dec '04 using the first H1 before coming to India due to personal reasons.
 
Your education

Hi- I'm not an attorney, but I am a foreign educational evaluator and would just like to comment.... if your H1B was denied the first time, one of the first reasons would be that your education does not match the job for which you are being sponsored for. You want to work in software.....thats computer science/engineering/MIS -- your degrees are in Mechanical Engineering. Has the USCIS requested that you obtained an educational evaluation? If you have at least 3 years of work experience in a computer related field in India, you may be able to obtain an evaluation from an accredited foreign educational firm here that will give you the equivalency you need.
 
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