Having H1B work permit, B2 got rejected

sekbank

Registered Users (C)
Hi,
I am a senior software engineer working for one of the MNC Company in Bangalore, India. I have total experience of 5.5yrs and my age - 27yrs. I am married and having kid of 1.5yrs.

Here is my case:
I have applied for H1B work permit during the year 2008, which got accepted in random pickup process, but i didn’t apply for the Visa here in India till now due to family / personal reasons.
Last month my current company applied for B1/B2 visa for a business trip in US, where i need to be there for about 2-3 weeks. For this Visa interview i took all the required documents like - visa application form, Invitation letter, deputation letter from the company stating all the expenses will be taken care by the company and all other experience and education certificates.

Interview:
Q)From which company you are applying for?
A)XXXXX
Q)What reason you are going for?
A)In our project the next phase of development is going to start, for which i required to be there for discussing the requirements, and kind of Analysis and design.
Q)Are you going for working there?
A) Its for Analysis and Design, discussion.
Q)Are you married?
A)Yes
Q)Have you ever travelled outside the country?
A)yes, i been to Singapore twice,

He looked at my passport and later he was looking at the monitor quite bit of time 30sec

Q)what is your salary?
A)it is 60k/month ( I didn’t specified that this is the net amount my actual gross was 70k/month – 8.5lac/month)

He spent 30sec, typed something and looked at the monitor and told sorry we cannot process your visa today. Please better luck next time, handed me a letter stating the reason (below). He didn't even look at any of my documents other than my application and passport.

The reason was:
You do not qualify for a non-immigrant visa under section214 (b) of the United States Immigration and Nationality Act. This portion of the law states:” Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consalar office, at the time application for a visa.. that he is entitled to non-immigrant status.." This means that each visa applicant must convince the cousalar officer that he or she intents to return to his or her home in India following a temporary stay in the united states, that his or her financial situation is such that he or she can afford the trip without having to seek unauthorized employment the U.S, and that the travel is for legitimate purposes permitted by the applicant's visa category.


Please provide you valuable inputs on my case, where can be the problem could be?
Which situations does this kind of rejections may happen?


When can i go for the next interview? My company planning to apply for my B1/B2 visa again, How many days i need to wait for applying again?

Now i want to apply for H1B visa also, is it good to apply now. Please suggest me applying H1 or B2, which one will be good for go now.

My last question is, how to face my next visa interview, and what answer do i need to give for above rejection.

Please provide your suggestions... Pls

Thank you so much..,
 
You failed to overcome 214(b). As simple as that. Consul was not convinced you would return from the US in a timely fashion.

Please provide you valuable inputs on my case, where can be the problem could be?
Which situations does this kind of rejections may happen?
 
Thank you for your response, But please provide your suggestions for my below questions...

When can i go for the next interview? My company planning to apply for my B1/B2 visa again, How many days i need to wait for applying again?

Now i want to apply for H1B visa also, is it good to apply now. Please suggest me applying H1 or B2, which one will be good for go now.

My last question is, how to face my next visa interview, and what answer do i need to give for above rejection.
 
Generally you would not face a problem with H1B, since it is dual intent visa. They cannot reject for the same reason as B1. Do you have a brother/sister/father/mother who is a US citizen or PR?
 
You can apply the very next day if you want to. However, for a B-2 visa, do not apply unless there is a drastic change in your circumstances.
For an H-1B visa application, one does not need to overcome 214(B).

When can i go for the next interview? My company planning to apply for my B1/B2 visa again, How many days i need to wait for applying again?

Now i want to apply for H1B visa also, is it good to apply now. Please suggest me applying H1 or B2, which one will be good for go now.
 
Thank you so much...
Pranesh, I have relatives in US but i didn't mention this during my interview/application form.

Please suggest me exactly, applying H1B is advisable or not..? and How to face the next interview if they ask about my earlier rejection...
 
Last edited by a moderator:
Exactly what relatives? There are some relatives that you have to mention on your DS-156. I hope you did not conceal anything on your previous DS-156.

Pranesh, I have relatives in US but i didn't mention this during my interview/application form.
 
My wife's cusin is there, but i didn't mention this information as i thought it's not required. and there is no chance for consalar to get this info.
 
Thank you for the response, but still i didn't find answers for below...
Please, anyone suggest me exactly, now applying H1B is advisable or not..?if so how long i need to wait..? and How to face the next interview if they ask about my earlier rejection...
 
You can apply for an H-1B if you qualify. With regards to the B-2 rejection, just answer truthfully if asked.

Please, anyone suggest me exactly, now applying H1B is advisable or not..?if so how long i need to wait..? and How to face the next interview if they ask about my earlier rejection...
 
Hi All,
After long time, i am posting again.

My present company wants me to go to US for some training purpose. So i want go for B1 visa now.

Please suggest me, how to face the interview, if they ask about my previous rejection.

My last application got rejected due to above (#1) reason (section214 (b)) on last year 15th Mar 2010.

Thanks,
Sekhar
 
Hi All,
After long time, i am posting again.

My present company wants me to go to US for some training purpose. So i want go for B1 visa now.

Please suggest me, how to face the interview, if they ask about my previous rejection.

My last application got rejected due to above (#1) reason (section214 (b)) on last year 15th Mar 2010.

Thanks,
Sekhar

Depending on the nature of the training, there is another visa to consider> http://www.uscis.gov/portal/site/us...nnel=8d500b89284a3210VgnVCM100000b92ca60aRCRD

H-3 Nonimmigrant Trainee or Special Education Exchange Visitor

The H-3 nonimmigrant visa category is for an alien coming temporarily to the United States as either a:

Trainee to receive training, other than graduate or medical education training, that is not available in the alien’s home country or
Special Education Exchange Visitor to participate in a special education exchange visitor training program for children with physical, mental, or emotional disabilities.
Trainee

An H-3 “trainee” must be invited by an individual or organization for the purpose of receiving training, other than graduate or medical education training, in any field including, but not limited to:

Commerce
Communications
Finance
Government
Transportation
Agriculture
Or the professions

This classification is not intended for employment within the United States. It is designed to provide an alien with job related training for work that will ultimately be performed in the alien’s home country.


In order to obtain H-3 classification, a U.S. employer or organization must provide:

Detailed description of the structured training program in which you wish to pursue. The description should indicate the number of hours per week that you will be in classroom training and the number of hours per week that you will be involved in on-the-job training
Summary of your prior training and experience
Explanation of why your training is needed
Explanation of why you can’t take the training in your home country
Explanation of how the training will benefit you in pursuing your career in your home country
Explanation of how your employer or organization will pay for the cost of providing you the training without actually employing you

Special Education Exchange Visitor........
 
Hi,
Thanks for the replay, I am a Software Engineer working for an Organisation. For our Product training I need to go to US. As the Company HQ is in US and all the business experts are in US-HQ. So i need to travell.
Also, Please suggest me how to respond regarding my previous rejection for B1 given above (#1) reason (section214 (b)) on last year 15th Mar 2010.

Thanks,
Sekhar
 
Simple. If asked (they will know about it anyway), tell them truthfully that you were rejected last time under section 214(b).

Please suggest me how to respond regarding my previous rejection for B1 given above (#1) reason (section214 (b)) on last year 15th Mar 2010.
 
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