URGENT: F1 Visa Denied - PLEASE HELP

D

Dev_27

New Member
Hi

A little background of myself: Went to USA in Jan 2005 on F1 Visa and completed my Bachelors degree and filed for an H1B petition and got it approved in 2011.
Travelled back to India July 2011, went for H1 B stamping, and received for 221G. My company was not very helpful, so i withdrew my application, and today went to apply for F1 Visa again for MBA program.

Here is what happened:

VO: What univs did u apply to and which ones did u get admitted to?
Dev: I applied to XYZ college only and got admitted. I went was in the states, and a couple of my friends did praise the MBA program at this school, and i personally met the International student counselor and faculty, and was convinced that i will continue my education at this school in the future.
VO: Wait a second, did you apply for H1B visa two months ago, and got denied.
Dev: No Sir. I applied for H1B visa, and received a form 221G. I later withdrew my application because i chose to continue my education instead of continuing working in the states.
VO: Where did you work in the states?
Dev: I worked as a contractor for ABC (big financial institution) in IT dept.
VO: Did you or did you not apply for H1B visa two months ago and your intention was to work in the States?
Dev: Yes sir, i did apply for H1B visa two months ago. Here is a little background. After i completed my bachelors degree i got an approved H1B petition and i was working in the states, but due to a family emergency, i had to return to India. Then two months ago i came for stamping for H1B visa and was handed form 221G at the consulate. My family advised that i shall continue my education and thats when i quit my job, and here i am applying for f1 visa.
VO: Sir, i am sorry but we cannot grant you visa today under section 214.
Dev: Sir, is there a reason why i am being denied the visa today?
VO: Yes sir. We believe that your intent to go to the states is to work, and not continue your education. Have a good day.
Dev: Thanks. Have a great day.


Ok, so please advise what did i do wrong? I tried my best to convince this guy but he wouldn't listen. He denied me visa based on the actions of the past, that is me applying for H1B stamping and withdrawing my application. how can i change what happened in the past? What can i do to get f1 visa?

Do i really wana continue studying? YES YES YES. I do. How can i translate this to the VO?

PLEASE HELP. Today is Oct 22nd, and my classes start OCT 29th.

I will appreciate any help. Thanks for reading and thanks for your help in advance.

Regards,
Dev
 
This is how I think the consul is *thinking*.

Two months ago you applied for an H-1B visa. You were issued a 221(g). In other words, you (and your employer) needed to furnish additional documents/information in order for the H-1B visa issuance process to move forward. You withdrew that H-1B application. Two months later you apply for an F-1 visa for further studies. The consul is convinced that this is a tactic on your (and your employer's) part to circumvent the requirments for H-1B visa issuance and try to get you back into the US on an F-1 visa.

It is the consul's interpretation and there is little you can do to change that.


Dev_27 said:
Ok, so please advise what did i do wrong? I tried my best to convince this guy but he wouldn't listen. He denied me visa based on the actions of the past, that is me applying for H1B stamping and withdrawing my application. how can i change what happened in the past? What can i do to get f1 visa?
Click to expand...
 
Thanks for the quick reply: another question..

Thanks for the quick response. What do you suggest i shall do in this case? How can i prove to the consulate that i am genuinely trying to continue my studies in the states?
Is there anything i can do in the future that can convince the VO to reconsider my case?

Thanks!
Dev

Triple Citizen said:
This is how I think the consul is *thinking*.

Two months ago you applied for an H-1B visa. You were issued a 221(g). In other words, you (and your employer) needed to furnish additional documents/information in order for the H-1B visa issuance process to move forward. You withdrew that H-1B application. Two months later you apply for an F-1 visa for further studies. The consul is convinced that this is a tactic on your (and your employer's) part to circumvent the requirments for H-1B visa issuance and try to get you back into the US on an F-1 visa.

It is the consul's interpretation and there is little you can do to change that.
Click to expand...
 
For the time being I really do not see anything that you can do. Your withdrawn H-1B application, after issuance of 221g, is hurting your chances of an F-1 visa issuance.

Dev_27 said:
What do you suggest i shall do in this case? How can i prove to the consulate that i am genuinely trying to continue my studies in the states?
Is there anything i can do in the future that can convince the VO to reconsider my case?
Click to expand...
 
Last edited by a moderator:
I agree with your comments. So do i play the wait game and re-apply after 3 months or so? is that going to be a fair shot at F1 Visa again?


Triple Citizen said:
For the time being I really do not see anything that you can do. You withdrawn H-1B application, after issuance of 221g, is hurting your chances of an F-1 visa issuance.
Click to expand...
 
Dev_27 said:
I agree with your comments. So do i play the wait game and re-apply after 3 months or so? is that going to be a fair shot at F1 Visa again?
Click to expand...

i dont think that will help. in fact it will probably make it worse. every time u apply in a few months, they will have even more reason to suspect you.
 
You hid a very important fact in your post that you only revealed to me in your PMs. You have a son (citizen) and a wife (LPR) in the US. This will make it very difficult, if not impossible, to overcome 214(b).

Dev_27 said:
I agree with your comments. So do i play the wait game and re-apply after 3 months or so? is that going to be a fair shot at F1 Visa again?
Click to expand...
 
How can i overcome the 214(b)? Is it impossible for me to see my son and my wife now in US, since i do not have strong ties to my country (India) ?

Triple Citizen said:
You hid a very important fact in your post that you only revealed to me in your PMs. You have a son (citizen) and a wife (LPR) in the US. This will make it very difficult, if not impossible, to overcome 214(b).
Click to expand...
 
You have to establish strong ties with India. Find a job in India to start off with. Then, six months down the road, you may apply for a B-2 visa. I still think it will be tough for you to overcome 214(b), but it is worth a shot.

Dev_27 said:
How can i overcome the 214(b)? Is it impossible for me to see my son and my wife now in US, since i do not have strong ties to my country (India) ?
Click to expand...
 
oh.. news news.

yeah.. i think you can pretty much forget about any non-immigrant visa. i cannot think of ties that u can establish in any short period of time that will overcome a spouse and son.

how close is your wife to citizenship? maybe she can file LPR for you once she is there.
 
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