Stupid H1 visa denial in Dubai

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pulos

Registered Users (C)
Hi,

My in-law has applied for an H1 visa in Dubai a few days ago and his application was not approved. The main reason given was that the consular officer was not convinced that he was qualified for the job, since it was based on his MBA degree on top of his bachelor's in engineering, and his MBA degree wasn't issued yet at the time of interview (it was stuck in bureaucracy. He has had his official transcripts showing the date of graduation for months which was evaluated in the US with no problem, and the same was used for obtaining the H1 approval from USCIS).

Anyways, they basically held on to his H1 approval notice and gave him a white slip saying that he has been found ineligible under section 221(g) and based on the indications that the petition filed contained inaccurate information, they were returning it to CIS for review and possible revocation.

We are just surprised that they didn't give him the opportunity to produce his actual degree, even if they had reasons to suspect his transcripts were not sufficient proof, and now he has finally got his official degree (just a few days too late).

Their attorney in the US thinks they can still do something. They are preparing a package with the actual degree, more documents and letters from the sponsor, more details on his background and work experience, further degree evaluations, etc and they want to send it to Dubai with a letter requesting they reconsider their decision. I appreciate if anyone could share their experience if similar thing has happened to them, and what was the approach and the outcome - We are just confused and upset as it is evident to us that this is a completely wrong decision, but at the same time, we seem to be left with little legal recourse if any. I appreciate any opinions.

Thanks!
 
Not to defend the US consulate, but whether the decision is right or wrong is all relative. If the consulate does initiate the revocation, it will send the revocation request to the USCIS service center that approved the petition. The USCIS service center will either reaffirm the petiton or it will issue a NOIR to the petitioner. In the latter case, 30 days will be given to the petitioner to respond with additional evidence.

pulos said:
We are just confused and upset as it is evident to us that this is a completely wrong decision, but at the same time, we seem to be left with little legal recourse if any.
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Yep, and that means a potential 1+ year wait in limbo just to hear from USCIS here and respond as per the attorney, while they could have easily asked the applicant to bring the additional document to the consulate the next week. Very efficient, isn't it? And you know that the purpose of this trip to the US is not sightseeing or even study, that you could defer for a couple of months or years. The sponsor needs the beneficiary to work for them right now, and they have obviously been looking around and not been able to find the person to fit their needs and budget in the US yet.

For each problem, there could be numerous solutions. Don’t you think it only makes sense to start by the simplest one, instead of jumping right to the last and most arduous option on the list? Of course putting "making sense" and "US visa application/immigration" in a sentence is bond to be an oximoron.

Any other opinions?

Thanks.
 
If you don't like dealing with the USCIS at this point, don't think about coming to the US because it is likely to get more frustrating. Since when does dealing with the govenmental regulations of any country make sense?
 
Concerned4us said:
If you don't like dealing with the USCIS at this point, don't think about coming to the US because it is likely to get more frustrating. Since when does dealing with the govenmental regulations of any country make sense?
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Oh, don't get us wrong, we just love dealing with USCIS. The problem is we are now dealing with visa posts which I think are covered under DoS not USCIS. I guess you know the difference, right?

Thanks!
 
Triple Citizen said:
Looks for employment in a different country.
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Thanks for the advice. Problem solved. My in-law sure never thought of that. I will also let the sponsor know that they should shut down their business here to go to a different country, ok?

I'm just curious, what's this urge to just post any BS if you don't have any help to offer? You could at least have advised him to go the easy way and get married to come to the US!

Don't take it personal, but it is my understanding that people come to these forums seeking for help, not to allow people like you to feel special and cool (perhaps because you can't feel good about yourself in your real life?) by making fun of them and posting irrelevant responses. Any better suggestions?

Thanks!
 
dear Pulos,
Exactly the same thing happened for me on late July in Dubai. It's really frustrating.
I saw in some forums that USCIS would update the case status after receiving back the package. But my status is still "Case Received and Pending" while I got the approval 3 months ago. Do you know how much time it will take for consulate to send back the package?

Thanks
 
If USCIS agrees with the consulate and issues a NOIR, the petitioner, and not the beneficiary will be contacted by USCIS. If this is an H-1B application, then your employer and you will receive notification from USCIS.

msd1 said:
Do you know how much time it will take for consulate to send back the package?
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Triple Citizen said:
If USCIS agrees with the consulate and issues a NOIR, the petitioner, and not the beneficiary will be contacted by USCIS. If this is an H-1B application, then your employer and you will receive notification from USCIS.
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Thank you for your comments. Yes, it is an H-1B application and the petitioner company supports me completely. I am pretty sure that USCIS will reaffirm the case. My question is how much usually it takes that the package is sent back to USCIS and how I can track it.
 
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You will not be able to track it unfortunately. In its initial stages it is a pure internal matter. Only when a decision is made either way, does USCIS contact the petitioner.

msd1 said:
My question is how much usually it takes that the package is sent back to USCIS and how I can track it.
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Triple Citizen said:
You will not be able to track it unfortunately. In its initial stages it is a pure internal matter. Only when a decision is made either way, does USCIS contact the petitioner.
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This is so disappointing. Will it really take 1+ year to get the result?
Also, how about after getting reaffirmed? can the consulate deny visa issuance again?
 
It should not take that long but no guarantees. Once USCIS reaffirms their approval, DOS will abide by it. However they may deny you visa on other grounds. I am saying may, in remote circumstances.

msd1 said:
This is so disappointing. Will it really take 1+ year to get the result?
Also, how about after getting reaffirmed? can the consulate deny visa issuance again?
Click to expand...
 
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