H1 Denied...trying for B1/B2

[guptamik]

Hello Guys,

I have a scenario here that I need some help with. I had applied for an H1and the H1 did come through, but the INS didn't give me an Extension of stay i.e there was no I-94 attached to the approval 797. They had written in the notice that I should instead go to India for my Visa stamping. I went to Toronto, Canada in December 2004 and appeared at the embassy in Jan 2005. At this time, my name came up for admin processing under 221g and it took them about 7 months to get back to me. The situation now is that the employer on whose H1 i had gone to India didn't wait for me and hired someone else and thus there's no use of this H1 for me. I am now in Canada and I want to go to USA to visit my spouse who is there on her H1B. I don't want to take an H4 based on her H1 because since I have been out of the country for the past 8 months, I want to stay out another 4 months so that my H1 can be reset for another 6 years. However I am trying to go on a tourist visa so that I can be there for 2-3 days in a month to meet my wife. I am appearing at the embassy here in Toronto on 22nd August. No I am wondering what reason I should give the consulate for applying for tourist visa. Should I tell them the truth? Or just tell them that I need a tourist visa so that I can go and gather all my belongings, terminate apartment lease, sell cars, file taxes and wrap things up and come back to Canada since now I am settled in Canada and have a Green Card in Canada. Does this seem valid? Can any one suggest any other reasons if they had any similar situations? Is there a chance that they can ask me to go on an H4 since my wife is on an H1?

Any input will be appreciated.

Thanks, Me

 

[great guru]

Hello Guys,

I have a scenario here that I need some help with. I had applied for an H1and the H1 did come through, but the INS didn't give me an Extension of stay i.e there was no I-94 attached to the approval 797. They had written in the notice that I should instead go to India for my Visa stamping. I went to Toronto, Canada in December 2004 and appeared at the embassy in Jan 2005. At this time, my name came up for admin processing under 221g and it took them about 7 months to get back to me. The situation now is that the employer on whose H1 i had gone to India didn't wait for me and hired someone else and thus there's no use of this H1 for me. I am now in Canada and I want to go to USA to visit my spouse who is there on her H1B. I don't want to take an H4 based on her H1 because since I have been out of the country for the past 8 months, I want to stay out another 4 months so that my H1 can be reset for another 6 years. However I am trying to go on a tourist visa so that I can be there for 2-3 days in a month to meet my wife. I am appearing at the embassy here in Toronto on 22nd August. No I am wondering what reason I should give the consulate for applying for tourist visa. Should I tell them the truth? Or just tell them that I need a tourist visa so that I can go and gather all my belongings, terminate apartment lease, sell cars, file taxes and wrap things up and come back to Canada since now I am settled in Canada and have a Green Card in Canada. Does this seem valid?

Since you are Canadian PR, above reasons will be acceptable to Counsel.

Can any one suggest any other reasons if they had any similar situations? Is there a chance that they can ask me to go on an H4 since my wife is on an H1?

Any input will be appreciated.

Thanks, Me

 

[waitin_toolong]

FYI

Great guru u also missed this.

Coming to Us on B1/B2 will set you back in terms of 1 yr clock. Hold on for another 4 months and u shall be fine.

See even if you were in US on F1/J1/B1/B2 but not on H1 that does not count as period outside USA. reset requires 1 yr stay out of USA, not just a status other than H status.

 

[vp278]

H1B Administrative processing

I have two things to share with you.
1. I think the cap for the fresh H1B is over for the next year. (that’s what i read in the paper and other places)
2. We were in the same situation. Went to India for a wedding in December 2004 and to get our visa stamped for the 6th year. I got my H4 but my husband's visa was sent for an administrative check for god forsaken reasons. We had our visa approval before we came.
We were paying our bills for the next 5 months .....the embassy would tell us ....oh your file should be here within 2-3 days every damn day..... It took 2 more months, so in all 7 months....we were stuck in a suitcase. In May our friends packed our apartment for us....My husband lost his project....now we'r back hoping to get another project from his employer. Our greencard for filed in 2002 but no news yet. We really dont know where we're heading from here. But it really sucks. Someone should re-pay all the money we have ruined because of this mess.

Hello Guys,

I have a scenario here that I need some help with. I had applied for an H1and the H1 did come through, but the INS didn't give me an Extension of stay i.e there was no I-94 attached to the approval 797. They had written in the notice that I should instead go to India for my Visa stamping. I went to Toronto, Canada in December 2004 and appeared at the embassy in Jan 2005. At this time, my name came up for admin processing under 221g and it took them about 7 months to get back to me. The situation now is that the employer on whose H1 i had gone to India didn't wait for me and hired someone else and thus there's no use of this H1 for me. I am now in Canada and I want to go to USA to visit my spouse who is there on her H1B. I don't want to take an H4 based on her H1 because since I have been out of the country for the past 8 months, I want to stay out another 4 months so that my H1 can be reset for another 6 years. However I am trying to go on a tourist visa so that I can be there for 2-3 days in a month to meet my wife. I am appearing at the embassy here in Toronto on 22nd August. No I am wondering what reason I should give the consulate for applying for tourist visa. Should I tell them the truth? Or just tell them that I need a tourist visa so that I can go and gather all my belongings, terminate apartment lease, sell cars, file taxes and wrap things up and come back to Canada since now I am settled in Canada and have a Green Card in Canada. Does this seem valid? Can any one suggest any other reasons if they had any similar situations? Is there a chance that they can ask me to go on an H4 since my wife is on an H1?

Any input will be appreciated.

Thanks, Me

 

[C R S]

Coming to Us on B1/B2 will set you back in terms of 1 yr clock. Hold on for another 4 months and u shall be fine.

Not quite. Check out: http://uscis.gov/lpBin/lpext.dll/in...b-17847?f=templates&fn=document-frame.htm&2.0

I have included the relevant portion below:

(iii) H-1B limitation on admission.

(A) Alien in a specialty occupation or an alien of distinguished merit and ability in the field of fashion modeling. An H-1B alien in a specialty occupation or an alien of distinguished merit and ability who has spent six years in the United States under section 101(a)(15)(H) and/or (L) of the Act may not seek extension, change status, or be readmitted to the United States under section 101(a)(15)(H) or (L) of the Act unless the alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the immediate prior year.

Brief trips for business or pleasure are allowed during the one year that one has to stay outside the country. A good lawyer ought to be able to guide you on what would be considered a brief stay.

 

[jaisingh]

I have two things to share with you.
1. I think the cap for the fresh H1B is over for the next year. (that’s what i read in the paper and other places)
2. We were in the same situation. Went to India for a wedding in December 2004 and to get our visa stamped for the 6th year. I got my H4 but my husband's visa was sent for an administrative check for god forsaken reasons. We had our visa approval before we came.
We were paying our bills for the next 5 months .....the embassy would tell us ....oh your file should be here within 2-3 days every damn day..... It took 2 more months, so in all 7 months....we were stuck in a suitcase. In May our friends packed our apartment for us....My husband lost his project....now we'r back hoping to get another project from his employer. Our greencard for filed in 2002 but no news yet. We really dont know where we're heading from here. But it really sucks. Someone should re-pay all the money we have ruined because of this mess.

Hello ,
This is very sacry ,we are in the same boat ,myhusband's visa got refused in mexico ,they gave a reason as go to home country to get stamping done.but in the remark they made they mentioned 221G. what is this please explain ,I am very frustuated ,please help any one from this thread I am very desperate .
Thank you