B1 denied - lawyer says reapply within 2 weeks

P

pwadhwa

New Member
I am a citizen of India and recently applied for a B-1 visa through my new employer (1 months old employment) which was denied. In the past I have held F-1 and H-1B visas and never overstayed. I relocated back to India before my H-1B expired in 2009.

During my interview I was asked where and why I was going. I explained I was going to attend management meetings, and the officer said that it was very vague description. She rejected, and asked me to wait for some time and reapply when there is another strong justification. I feel that since I did not provide enough documentary evidence of the purpose of my visit - that is why it got rejected. I now have those letters, agenda of meetings etc. with me. Does it make sense to reapply within a few weeks of the first rejection?

Also, is there a process in which my company immig. attorney is saying that he will communicate with the embassy before my appointment. Do such things help?

Will highly appreciate a prompt response.
 
Your company is represented by an attorney familiar with the processing for B1 visas at the consulate where you will attend the interview. He is the best person to advise you based on the specific circumstances of your case. No one on a forum can offer any better advice.
 
Don't know you full story BUT from the little provided.....

The Consular Officer may be seeing.....

You were an F1 student. Did you do a change of status to get the H1-B? You departed in 2009, so, have you re-qualified for a whole new H1-B 6 years of eligibility? [Stronger ties to the U.S. than a mere B-1 should have???] [Any COS history would work against you.]

Why would an employer send such a new employee abroad for a "meeting"? [Too much responsibility for such anew employee.] Wouldn't video-conferencing be cheaper? [Does not make good business sense.]

You look likely to almost immediately apply for a new H1-B. If you worked for the employer long enough AND they have an office in the U.. OR wanted to establish a new office in the U.S. THEN after you worked for them longer they could send you as an L transferee.
 
Some more information...

The consular officer did say that "Why is your company sending such a new employee for meetings?"

However, I have been hired to set up a delivery center for my company in India. I am going to US for a month to meet my senior stakeholders, get training on internal projects and participate in the meetings for defining the software process etc. I did not have documentation for this earlier (but I was never even asked to provide).

The consular officer also asked me to describe details of the meeting, which I fumbled with at that time coz I was a bit nervous.

So, does the new evidence (which may or may not be asked again) improve my chances any bit? Lawyer says he will talk - but I am totally unaware of this process.


BigJoe5 said:
Don't know you full story BUT from the little provided.....

The Consular Officer may be seeing.....

You were an F1 student. Did you do a change of status to get the H1-B? You departed in 2009, so, have you re-qualified for a whole new H1-B 6 years of eligibility? [Stronger ties to the U.S. than a mere B-1 should have???] [Any COS history would work against you.]

Why would an employer send such a new employee abroad for a "meeting"? [Too much responsibility for such anew employee.] Wouldn't video-conferencing be cheaper? [Does not make good business sense.]

You look likely to almost immediately apply for a new H1-B. If you worked for the employer long enough AND they have an office in the U.. OR wanted to establish a new office in the U.S. THEN after you worked for them longer they could send you as an L transferee.
Click to expand...
 
pwadhwa said:
The consular officer did say that "Why is your company sending such a new employee for meetings?" If YOU were the Consular Officer, without intimate details of the purpose and agenda for the trip, what would YOU think about it?

However, I have been hired to set up a delivery center for my company in India. I am going to US for a month to meet my senior stakeholders, get training on internal projects and participate in the meetings for defining the software process etc. I did not have documentation for this earlier (but I was never even asked to provide).

The consular officer also asked me to describe details of the meeting, which I fumbled with at that time coz I was a bit nervous.

So, does the new evidence (which may or may not be asked again) improve my chances any bit? Lawyer says he will talk - but I am totally unaware of this process.
Click to expand...

?
 
You must log in or register to reply here.
Top