H1B Visa stamping refused in Delhi, please help - urgent !!!!

R

rrv

Registered Users (C)
I had been in the USA for six years and then I came back to India and have been here for around one and a half years. Now I went to get my visa stamped after I got my visa approved from INS. I dropped my passport in the dropbox at New Delhi. They expressed their inability to stamp the visa because they required following explanation:
"explanation about why you are still eligible for an H1B visa after 6 years in that status".
No other documentation was indicated to be lacking. Can anyone please let me know what exactly are they looking for?

Do I just need to let them know that because I have been out of USA for over a year after being in the USA for 6 years, I am eligible again for H1 or something more than that is required.

Please help.

Thanks,
rrv
 
Answer the following questions

Hello rrv,
It is very strange indeed. I can give you a better answer if you answer the below questions since it would clear some issues.
1) Do you have your GC in process and did you indicate this on the OF-156?
2) Is the new employer the same as your old employer in the US?
3) During your 1.5 years in India, were you employed by the local branch of the US company? In other words, did the US company \'send\' you to India?
4) Is your job/area of speciality the same as before?

Any other relevant details regarding your case history would give me a better picture to tailor my answer specifically. I was in the same situation earlier.
 
Please update your status

Hi rrv,

Can you please tell us what happened to your case after that, Did they accept your explanation. I am in a similar stage too, But I spent my one year in Canada. I am planning to go to India next month for multiple entry stamping.

Tx

Ramesh
 
H-1 Visa In New Delhi

Hi!
This message is for all those who are anxious to know about the visa processing in New Delhi consulate. My sister applied yesterday and she got her H-1 Visa. She was refused B-1 visa few months back, so she was asked to apply in person for an interview. I will keep you posted with the details as I get them. Best wishes to all.

Wonderful site though! I have been a consistent reader.
 
No Title

Here are the answers to your questions shogun. I am in need of help on this desparately.

1) Yes I have my GC in process (actually LC is in process) and I indicated this on the OF-156.
2) Yes the employer is the same that I worked for when I left the USA in 2000.
3) Well, our company does not have any branch office in India but I had been working on some offshore assignments for the same company here.
4) Yes, my job/area of speciality is the same as before.

I would appreciate all your help on it.

Thanks,
rrv
 
Explanation

Hello rrv,
Your explanation to them must clearly indicate that you are eligible for a fresh H-1 visa since you have completed the stipulated 1-year out of country clause. In addition you will need to demonstrate that you are required by your employer to take up the job duties in the US. One of the good things in your case is that you were employed by the same company in the same job/speciality when in India.
The only problem that I can see is your GC is in process and the consulate probably has a problem with giving you a non-immigrant visa knowing that you will be coming back to the US to pursue a GC.
Although there are very specific instructions from the INS stating that the processing of Permanent Residency is not grounds for denying an H-1 visa since the H-1 is a dual-intent status.
This is a grey area and the consulates truy to work around this stipulation by creating hurdles or issues with your documents. When you go back for your visa, make sure to have proper explanation for their question, also all required documents, maybe even a letter from your employer explaining the reason he would like you back. Any questions, I shall be happy to answer.
-Shogun.
 
Finally got my visa

I would like to take this opportunity to thank you Shogun and at the same time let everyone interested know that finally Shogun\'s advice proved to be fruitful for me.

As advised by Shogun I prepared an explanation letting them know that I had reached India on 4 March 2000 and now it is well over 1 year since I have been residing in India and that way as I have fulfilled the necessary requirement for the fresh H1 I am eligible for it. In support of it I attached a letter from my attorney. The contents were basically the same as my explanation but it included all the laws along with their proper sources and numbers (as you all are aware that in legal system each specific law has a specific number that identifies that law). This letter from attorney supported my case very well.

Again I would like to thank everyone who participated in this discussion and particularly Shogun.

This personal experience has further enforced my conviction that this forum acts as an excellent stage where we all can help each other and solve a lot of problems through discussions. Let\'s keep it up and by sharing what we know help each other.

-rrv
 
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