Hi Mr Khanna,
I was in the USA on an H4 visa (also briefly on an F1 visa) from January 2011 to August 2022. Never overstayed nor got any rejections during that time. I earned my MBA from a public university in the USA and worked on an H4 EAD.
After returning to India in August 2022, I decided to pursue another masters in STEM to help change of career but my F1 was denied under section 214(b) in December 2022.
Later, I joined a US based consultancy (who also has a branch in India) and started working for an US based client. I have been working with them since then. Last yer (2024), my name got picked in the lottery in master's cap and my employer filled H1b petition for me in June 2024. In February 2025 my H1b was finally approved after 8 months.
In May 14, 2025 I went for an in person interview, where I was issued 221(g); reason citing "Your application requires additional administrative processing". Shortly after, my petitioner and client both received emails for cross verification, which they responded to with requested information. After this, my last update date was changed twice but the status remains to REFUSED. I tried reaching out to support for status update but had no luck.
In August 2025, I requested a local congress person to help me find the status of my case. After email exchange with the related immigration agency, the congress person's office told me that my visa is denied under 214(b)!!! My application status on visa portal still shows as OPEN. I haven't received any official rejection from the Consular.
Here are my questions:
(1) Should I trust the response that I received from congress person's office?
(2) As per my understanding, H1b is "dual intent" visa. So can I appeal the decision if my visa is actually denied under section 214(b)?
(2A) If yes, do I need to wait until I get official denial confirmation from the consular?
(2B) If not, what are my options going forward?
Thank you in advance for your help,
Trupti
I was in the USA on an H4 visa (also briefly on an F1 visa) from January 2011 to August 2022. Never overstayed nor got any rejections during that time. I earned my MBA from a public university in the USA and worked on an H4 EAD.
After returning to India in August 2022, I decided to pursue another masters in STEM to help change of career but my F1 was denied under section 214(b) in December 2022.
Later, I joined a US based consultancy (who also has a branch in India) and started working for an US based client. I have been working with them since then. Last yer (2024), my name got picked in the lottery in master's cap and my employer filled H1b petition for me in June 2024. In February 2025 my H1b was finally approved after 8 months.
In May 14, 2025 I went for an in person interview, where I was issued 221(g); reason citing "Your application requires additional administrative processing". Shortly after, my petitioner and client both received emails for cross verification, which they responded to with requested information. After this, my last update date was changed twice but the status remains to REFUSED. I tried reaching out to support for status update but had no luck.
In August 2025, I requested a local congress person to help me find the status of my case. After email exchange with the related immigration agency, the congress person's office told me that my visa is denied under 214(b)!!! My application status on visa portal still shows as OPEN. I haven't received any official rejection from the Consular.
Here are my questions:
(1) Should I trust the response that I received from congress person's office?
(2) As per my understanding, H1b is "dual intent" visa. So can I appeal the decision if my visa is actually denied under section 214(b)?
(2A) If yes, do I need to wait until I get official denial confirmation from the consular?
(2B) If not, what are my options going forward?
Thank you in advance for your help,
Trupti
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