H1B denied during consul interview

T

Trollzinho

Registered Users (C)
Hi all,

My H1B was approved by the USCIS, but when I went to the US consulate in Rio de Janeiro the consul denied my H1B under 214(b). She said that my education and work experience does not equates a college degree. Before we went forward with this we did an education evaluation with a law firm, and they said I do qualify. I even showed the consul the letter from the law firm, but the consul said it means nothing to her.

Now, what are my options? I called the lawyers again and they said my education and work experience does equates college for the purpose of that visa. Do I have to go thru the H1B process all over again to try this again? Or can I file an appeal?

Thanks
 
Trollzinho said:
Hi all,

My H1B was approved by the USCIS, but when I went to the US consulate in Rio de Janeiro the consul denied my H1B under 214(b). She said that my education and work experience does not equates a college degree. Before we went forward with this we did an education evaluation with a law firm, and they said I do qualify. I even showed the consul the letter from the law firm, but the consul said it means nothing to her.

Now, what are my options? I called the lawyers again and they said my education and work experience does equates college for the purpose of that visa. Do I have to go thru the H1B process all over again to try this again? Or can I file an appeal?

Thanks
Click to expand...
Let your lawyer write letter(can fax) to consulate with your name, your H1 approval copy or case number. Lawyer should explain that USCIS approved the petition as you were eligible for H1 and it is not the mistake of USCIS. USCIS approve the petitions and Consulate is under DOS and they just give the Visa stamp. Your lawyer can write and explain to US consulate in details and can explain the law.
 
Well, I explained that to the consul, that the USCIS approved the petition. But she replied saying that they only approved the company's side of it, and that I have to show up in person to prove that I qualify for the H1B.
 
Trollzinho said:
Well, I explained that to the consul, that the USCIS approved the petition. But she replied saying that they only approved the company's side of it, and that I have to show up in person to prove that I qualify for the H1B.
Click to expand...

She is wrong. does it mean that USCIS only looks the documents from company side? USCIS looks at company documents and your education/exp and your eligibility for H1 and then only USCIS approve the petition. The petition filed by US employer has company papers and your papers does she mean that USCIS only looked at Employer papers? She may be new officer who still need training. you have to show up to get Visa not to prove before consulate that you are Eligible or not, to find the eligiblity it is the job of USCIS .let your lawyer handle it.
Good Luck!!
 
Well, the letter they gave me explaining my denial (standard, official consulate letter) said: "Under US immigration law, all applicants for nonimmigrant visas must satisfy the interviewing officer that they are entitled to the type of visa for which they are applying. A denial under section 214(b) means that you were unable to satisfy the requirements of the particular nonimmigrant visa category for which you applied, or were not able to demonstrate that your intended activities in the US would be consistent with US law."
 
Trollzinho said:
Well, the letter they gave me explaining my denial (standard, official consulate letter) said: "Under US immigration law, all applicants for nonimmigrant visas must satisfy the interviewing officer that they are entitled to the type of visa for which they are applying. A denial under section 214(b) means that you were unable to satisfy the requirements of the particular nonimmigrant visa category for which you applied, or were not able to demonstrate that your intended activities in the US would be consistent with US law."
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May be the consulate official was not satisfied with your answer to your education or job skills listed on H1 petition. You can send the copy of consulate denial letter to your company lawyer and seek legal advice
 
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