Need help regarding H1B after F1 is rejected..

N

Nams

Registered Users (C)
Hello everyone,

I will really appreciate your help, If anyone can throw some light.

My brother was rejected for the F1 visa in june, Is this going to create any problem, if he gets the sponserer company which applies for his H1B and goes to mumbai consulate for H1B may be in next fiscal(oct'05 to sep'06) year.

Thanks.
 
Hardika said:
Hello everyone,

I will really appreciate your help, If anyone can throw some light.

My brother was rejected for the F1 visa in june, Is this going to create any problem, if he gets the sponserer company which applies for his H1B and goes to mumbai consulate for H1B may be in next fiscal(oct'05 to sep'06) year.

Thanks.
Click to expand...
It would depend on the reason why he was rejected for F1.

If his F1 was rejected for being a "potential immigrant", he should have ABSOLUTELY NO problems with H1.
As you know H1 allows for dual intent -- so having an immigrant intent CANNOT jeopardize H1.

You need to tell us why his F1 was rejected ... then you may get more inputs
 
Hi max2k1 ,

Thanks for tour reply and clarification.
My brother was rejected under 214(g)...that is for "potential immigrant", So I guess he won't have any problems while he goes to get the H1B stamp in mumbai consulate.

Can you please tell me, have you seen that kind of case yourself?

Thanks.
 
Hardika said:
Hi max2k1 ,

Thanks for tour reply and clarification.
My brother was rejected under 214(g)...that is for "potential immigrant", So I guess he won't have any problems while he goes to get the H1B stamp in mumbai consulate.

Can you please tell me, have you seen that kind of case yourself?

Thanks.
Click to expand...
I think you probably meant 214(b) -- 214(g) deals with quota issues.

For 214(b), the INA wording is extremely clear .... it is NOT applicable for H1 applicants - its the LAW -- so you don't need a precedent to interpret it.

Again, I repeat ... the consulate CANNOT refuse H1 visa citing section 214(b)
 
Hey guys

Just to tell you and many others with refusal under 214(b) nothing is for sure. My husband has been refused H4 under this same section. and I have to go back to be together.

These people are going crazy, so there is no surety.

Thanks
 
g_m111 said:
Hey guys

Just to tell you and many others with refusal under 214(b) nothing is for sure. My husband has been refused H4 under this same section. and I have to go back to be together.

These people are going crazy, so there is no surety.

Thanks
Click to expand...
The consulate does NOT have the legal authority to deny a H visa citing Sec 214(b) of the INA.

If they did that, you should contact an attorney to get this MISTAKE fixed.

Of course, they can deny you for many other reasons - but 214(b) is certainly not one of them.

Please see the actual text of INA Sec 214(b)
 
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