Rejected H1B Visa Revalidation - Please help!!!

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mesra

Registered Users (C)
Rejected H1B Visa Revalidation - Jaxen and Experts Please help!!!

I recently got rejected from Visa Revalidation after my first H1B expired. I had the old H1B visa stamped on my passport. Is there anybody who was having the same rejection.
More importantly, is there anyway to appeal for this type of rejection? As far as I know, the required background checks are done in DC. We can get visa revalidated. Anyway, I am a Malaysian. Any postings would be appreciated. Thanks.
 
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Reason

Can you post the reason stated for Rejection. If your old Visa stamp expired more than a year ago, it cannot be revalidated at St Louis, you will have to go to your home country for stamping.

Can you post the dates you sent/received your passport along with the old visa expiration date.

hyd2002
 
Dates and Reasons

Well, the reason stated is roughly "your case is not clearly approvable at this moment. please apply at the US embassy oversea".

My previous H1 ends on Oct 2002 and my extension was approved within the allowed time frame. So, timing and documents are not the reason. As far as I know, Malaysia is not yet rated in the 4 groups. So, can you tell me what's your experience? Thanks.

St Louis RD: 12/05/2002
Rejection Date: 01/31/2003
 
NIV namecheck for specific countries

Could be possible that a namecheck was run against your name since you belong to Malaysia. Please check the following link, applicants from the following countries are subject to additional name check. Its quite unfortunate but its a fact that every applicant from these countries are screened for name check for some reason.

Afghanistan, Algeria, Bahrain, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, Turkey, the United Arab Emirates, and Yemen

http://www.immigrationlaw.com/newsletters/2002vol7.html
http://www.uic.edu/depts/ois/hinfo.html#Visa
http://www.murthy.com/dec1401.pdf
 
Hello

Listen,
People might think why I am getting denied from VISA revalidation at St. Louis, why I am not getting VISA from Canada/Mexico, why I am waiting too much for the visa 2/3/4 months: My country is not among those middle eastern countires.

The answer is: It does not matter whether you are form certain countries or not, if your country is muslim dominated, you will suffer from all of those.

Therefore, besides those middle eastern country, any muslim country's national is going thru the same thing.

This is not written rule, you wont find this rule anywhere, but this is the pactice now. Sad but true.


I bet they are treating Malaysia same way.
 
Any Malaysian got successful visa revalidation from San Louis?

Dear all,

Yes, these visa stuff has been a mental stress. Unlucky foreigners would even lose lots of good opportunities, even though more capable, paid less etc, though contributing equally to the US society. If my family does not have this problem, we will be making at 50% more. You can have multiple consulting jobs, starting our own companies etc, thus saving some tax etc etc. Well, it's hard to justify fairness here since we are foreigners. The only thing that I will complain is the mental stress..... Wish if we can submit a petition or sue the US systems for this.

Let aside grumbles, this forum has been useful in at least collecting and sharing people's experience. Thanks to the contributors.

May I know any Malaysian recently get successful visa revalidation from San Louis? Please put down your experience here, for both successful and failure case. If it's really like what Sahin says: all muslim dominated countries will be rejected then at least we know it's not worth trying.

I can only sympatise ourselves, having to pay $200 - $500 attorney fee + $109 filing fee, if it will fail, what can I say ? Nobody will refund us money. See, again besides getting less money, we also need to spend more.

AIIIIIIIIIIIIIIIIIIIIHHHHH
 
Hello

So far I know that 2 of my Malaysian friends got the revalidation done. One in Nov 2001, another one in Mar 2002. After this batch, me and another friend of mine got visa revalidation rejected. All persons I mentioned above are all Orang Cina, including me.
 
I think it wasn't such a big issue in the past but it has been in the recent months.

I've had at least 2 Indonesian friends (orang cina - like you said) who got their revalidation rejected within the past 6 months. I think they don't look at your race - only your passport and nationality.

Anyway I tried my luck and sent mine for a revalidation on Jan 6.. I should get the good or bad news soon. My company wrote a letter explaining that I was required to travel outside the country as a part of my job. We'll see if that helps (it's my only hope now).
 
Got my passport back today (3/5) with a rejection. Sent the application on 1/6. I'm an Indonesian citizen.. Been here for 7 years in good status. Company even wrote a letter explaining that due to the nature of my job I'm required to travel.
 
H1B Visa Revalidation

Yes,
Actually they are not revalidating any H1/L1 visa for any any muslim dominated country. It started happening clearly since March of 2002. This nationals also dont get appointment at Canada/Mexico to apply for H1 Visa, also they wait for infinite amount of time at back home for visa also.

It is not worth saying anyhting about this . This is unwritten but most practiced rules now on immigration purposes for muslims.

However, one thing is more frustrating is: any non muslim of muslim country's is getting treated the same way. My friend is Hindu and Bangladeshi nationals got rejected for visa revalidation and went back home to get H1B Visa. He has been stuck there for 4 months. No news about Visa even though he is approved for it. His background checkingis in progress. I dont know how long it will take for him. His employer Motorolla still keeps his job. I dont know he will be terminated any day.

On the other hand same thing is true for muslims in non muslim dominated country like India. Muslim is not getting rejected or going thru those hardship in India or others.


Therefore, as of today it depends on Nationality. That day might not be far when the rule will be only for muslim regardless country.
 
Thanks for reply. Any attorney to give us some info?

Dear all,

Thanks for updating. After reading more threads, found that it is not that promising, for these recent months. :(

Is there any attorney that has handled Malaysian or other cases recently? Could you PLEASE kindly give us some data update or advice?

May I know what will happen if you get rejected by San Louis? Need to leave immediately ???

Dear Mesra,

The thread that you talked about is mostly middle east. You are its subjective, do you have more data about non-muslims Malaysian/Indonesian ?

ARGGHHH, my visa from previous employer visa is expiring in 1 month, I am not sure to send for revalidation or take this chance to just go home visit my family (a quick one) then come back in to wait for LC.

Do you guys know the time frame for Malaysia US consulate to issue H1B visas or do they issue at all ? Last year I heard is 1 month...... If that's the case, it's still ok. But if unlimited wait, then what should I do ????? We have family back there .......



:) :) :) :) :) :)
 
Long Wait

As I told in my earlier mail, does not matter which relegion or race you have. If you are nationals of muslims country then you will have the same results as all those middle eastern countries.

It used to be 20 days waiting period for Visa from back home before ausgust 2002. After that the waiting time is infinite and most likely at least more than 7 weeks.

Before it used to be 20 days, because the consulate has been told by State Dept. to give visa after 20 days even thought we dont get back to you within that time frame with the report of background security checking. Now since august 2002, State department has taken that power away from consulate.

Therefore, after approving your visa consulate wait a infinite amount of time to get the result back about security check to give actual visa in passport. They can not do anything.

I know one guy got Visa after 5 months waiting.


You might be thinking Malaysian's case would be diffrent than other muslim country or middle eastern countrys, but I think now they treat all of them the same way.

I know exactly how you feel? I am in the same boat. But no control in this situation.
 
Update

Hi mys-couple,

Well, if they reject you, they will state clearly what you should do. No, you do not need to leave unless you have urgent need to travel. None of my friends dare to try to travel since June last year.

What Sahin said is right, the backgound check was not-so-tight in the beginning. But, these days, they do thing "seriously".

Too bad they didn't realize there are at least 40% of Malaysia population are non-muslims.

Even we plan to sign petition to against such rule, our number are just too tiny. :(
 
Update

Hi mys-couple,

Well, if they reject you, they will state clearly what you should do. No, you do not need to leave unless you have urgent need to travel. None of my friends dare to try to travel since June last year.

What Sahin said is right, the backgound check was not-so-tight in the beginning. But, these days, they do thing "seriously".

Too bad they didn't realize there are at least 40% of Malaysia population are non-muslims.

Even we plan to sign petition to against such rule, our number are just too tiny. :(
 
Any diff if DS-157 filled with "future planned travel"

Hi Sahin, Mesra,

Thank you very much for your replies.

I know DS-157 form there's one part that ask about specific future travel plan. May I know whether it makes any difference if we provide specific travel plan? If we don't does it mean we definitely get rejected?

Also, does it make any diff if the visa revalidation package is prepared by attorney or not? I am considering, if the success rate is low, may be I should not waste company more money. The attorney fee is $500+. The forms I think needed are DS-156 + DS-157 + one supporting letter. Due to long 6-month backlog and company need to my biz travel year end, I already ask them to pay $1000 premium processing for my H1B transfer (after my I-129 pending there for 3+ months.) Just got approved; but now another problem :( (Note fellow attorneys, not that I don't want to let you earn money, but as you can see, we are the unlucky helpless ones.)

Mesra, could you please tell me what they "state clearly what you should do" if rejected ? Do they take back your I-94?

Do you guys know visa-stamp processing time back in Malaysia? Last year sinchew-i.com reported one approved H1B case get rejected for visa stamp... sounds scary. :( :( :(


Thanks alot....
 
Reply

Well, what they gave as a reason for my case is to ask me to get visa at KL's US Consulate. Also, they said that my case "is not clearly approvable at this time". I believe this reason is given to most of the applicants from the list of 26 muslim dominated countries for rejected visa revalidation.

My advise is... You can prepare your own documents. Laywers involvement will not make things smoother for visa revalidation
 
DS-157 travel plan question...

Hi Mesra/all,

Thanks for reply again.

1. Do you fill in specific future travel plan in DS-157 ? Does it make difference?

2. Do they take back your I-94 when get a reject for visa revalidation ?


Good luck to all !
 
Reply

1. No. I don't think it makes a diff. I didn't make any plans since I knew a rejection b4 me.

2. No. I got back everthing I sent, off course without the $100 MO.

If you are married and apply together, there might be a chance. So, far I haven't heard about rejected couple's revalidation. Good luck.

Where in USA are you anyway?
 
Why couple's revalidation is better ?

Hi Mesra,

Thanks for reply. I am at bay area CA.

You wrote:
If you are married and apply together, there might be a chance. So, far I haven't heard about rejected couple's revalidation....

Q: Do you mean couple (1x H1B + 1x H4) will be better? :confused: May I know what's the logic behind?

My wife, used to be my H4, now has her own H1B. She got her visa stamp recently from Vancouver, so she's fine. I really hope that I can get visa revalidation so that we can visit our parents soon...



:(
 
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