I had gone to the American consulate seeking a B1 visa for a business travel.
The consular officer refused the B1 visa under section 214(b). This is my 4th attempt to get a B1 visa in the last four years and each time they have refused the B1 visa under 214(b).
I was earlier in the U.S between 93 and 99 on H1B visa and returned back to my home country as I had completed six years on H1B. The company I was working for there had filed for immigrant visa (Priority date Sept 1997, I-140 approved in 2000 Jan, EB3, AOS, Priority date is current since May 2001, I was supposed to go back and join the same employer on another H1B after one year of stay outside but I chose not to as I have seen career growth, much better work, living with family and friends in my home country).
Everytime I go to the consulate they indicate that as long as my immigrant visa is pending they can not issue a B1 visa.
Unfortunately the employer who filed for my immigrant visa does not want to complete the permanent residency process as they feel there is no business need for them hire me now after all these years and to keep me employed for six months or so as required by law.
I have requested them to withdraw the petition (which I did last year since I have given up on becoming a permanent resident) but looks like they haven't done it till date. I do not get any responses to the emails I send them.
At the consulate I heard the statement "He is qualified for immigration. So we can not issue this kind of (B1) visa".
Other than an approved I-140 photo copy I do not have any documents with me. Though the visa was applied/approved in EB3, I have excellent academic/experience certificates which I had submitted during I-140 stage. When I went last time to the consulate, they specifically collected my salary slips. They have given every indication that I am qualified for permanent residency.
Is there any way I can get permanent residency with just a copy of I-140 approval notice using AC140/AC21? I do not have the help of the company which initially sponsored my permanent residency in way. If I get a green card I will happily accept it. If I dont get it also I am ok with it.
But this inabilty to travel for business purposes is badly hurting me in my career. I need a B1 visa to do my duties. What is the way to get a B1 visa now?
Is there a way in which I myself can initiate a withdrawal of the I-140 process? It has been seven years now that I have relocated back to my country but they are refusing my B1 telling I have 'immigration intent'.
Please help
Thanks
Guru
The consular officer refused the B1 visa under section 214(b). This is my 4th attempt to get a B1 visa in the last four years and each time they have refused the B1 visa under 214(b).
I was earlier in the U.S between 93 and 99 on H1B visa and returned back to my home country as I had completed six years on H1B. The company I was working for there had filed for immigrant visa (Priority date Sept 1997, I-140 approved in 2000 Jan, EB3, AOS, Priority date is current since May 2001, I was supposed to go back and join the same employer on another H1B after one year of stay outside but I chose not to as I have seen career growth, much better work, living with family and friends in my home country).
Everytime I go to the consulate they indicate that as long as my immigrant visa is pending they can not issue a B1 visa.
Unfortunately the employer who filed for my immigrant visa does not want to complete the permanent residency process as they feel there is no business need for them hire me now after all these years and to keep me employed for six months or so as required by law.
I have requested them to withdraw the petition (which I did last year since I have given up on becoming a permanent resident) but looks like they haven't done it till date. I do not get any responses to the emails I send them.
At the consulate I heard the statement "He is qualified for immigration. So we can not issue this kind of (B1) visa".
Other than an approved I-140 photo copy I do not have any documents with me. Though the visa was applied/approved in EB3, I have excellent academic/experience certificates which I had submitted during I-140 stage. When I went last time to the consulate, they specifically collected my salary slips. They have given every indication that I am qualified for permanent residency.
Is there any way I can get permanent residency with just a copy of I-140 approval notice using AC140/AC21? I do not have the help of the company which initially sponsored my permanent residency in way. If I get a green card I will happily accept it. If I dont get it also I am ok with it.
But this inabilty to travel for business purposes is badly hurting me in my career. I need a B1 visa to do my duties. What is the way to get a B1 visa now?
Is there a way in which I myself can initiate a withdrawal of the I-140 process? It has been seven years now that I have relocated back to my country but they are refusing my B1 telling I have 'immigration intent'.
Please help
Thanks
Guru