Sample 1: H1B Visa Denial Letter after submitting documents after 221g. On Jan 1, 2022, USTravelDocs / CGI Federal Website, which is used to book the US visa appointments, got updated with the new Interview Waiver exception that was announced by the US Dept of State on Dec 23rd, 2021. what was your outcome, please share. Example:1. I am in a similar situation. Pls update if your son received the visa subsequently. P Visas (P-1, P-1S, P-2, P-2S, P-3, P-3S). In the past, when we had the 48-month dropbox rule that was announced, it took about a week for the USTravelDocs ( CGI Federal System) to be updated to reflect the announcement. What are the chances that they might reject it if at all no interview is taken ? What are the Top Reasons for H-1B Visa Denial? Help me? 1. Similar time limits apply if you want to make a motion for reconsideration to the office that sent the denial. A motion for reconsideration should state some new facts or add documentation that supports the motion, otherwise there wont be any basis for reversing the decision. 2. Thanks for your input. H-1B Visa Overview 2. US Consulates in India annouced that they will be releasing 20,000 Interview Waiver Slots to cater to the new interview waiver option announced by US Dept. In FY 2020, 13% of H1B applications were refused, while in 2019, the . Can I go with this approved petition with another employer or I can go only with this Employer. Hi kumar I am eligible for visa waiver as I got h1b as.COS w.e.f march22 from F1 visa. I am Pavan and filed my H1B in 2014. Secure .gov websites use HTTPS Please review this material carefully. Does this mean I am eligible for the waiver or not? They originally announced this until December 31st, 2022, but later extended it until December 31st, 2023. If you answer yes to this question, then you will get subsequent typical dropbox questions asking about annotations like Clearance Received or Department Authorization, and other questions. If it was revoked by consular officer for fraud then you should expect a NOID during your H1 transfer. Is there any chance I will be called in for another interview where they ask for the originals, because I will definitely get screwed not having all the originals. 2. The formal appeal of an H1B visa petition is made to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). Is client letter mandatory for H1B visa stamping ? What happened in your case? Passport has not yet been received What do I do? My daughter(Thanmaya) and wife(Nisha) is stranded in India due to 221(g) administrative processing visa issues and they are having a hard time due to the lack of Asthama Medication for Thanmaya from the USA. can I travel on older valid H1B Visa, if new H1B visa stamping is rejected Hi Saurabh, My h1b was approved in USand I came to INDIA for stamping, and I have got one later from officer, and mention it your application has been refused under section 221(g). I got a 221(g) slip from from chennai consulate, we submitted the documents to the consulate and they gave me additional 221(G) for asking for some more document unfortunately i got released from the project and my employer is ready to submit documents with new project since i got released from the old project. | This holds true whether an H1B petition has been filed or not been filed. Please let me know during the process of applying for the new project , do we have to submit the document for the new project for 221(g) or we have to fill a new h1b under cap exception. 3. Shouldnt I be knowing the reason for denial of previous petitions , to add in the details of petition in DS 160, and also for the Visa interview? See the below screenshot confirming the same. A26. In past he already had B1/B2 visa. Hi in how many days its been going for administrative processing. I have two options. But desi consultant is not fair and not giving paystubs also. If you don't meet the requirements, your application will be denied. I went to USA on student visa then I converted to H1B. Even though the situation of COVID has changed in 2022, the shortage of staff is still causing long delays at US Consulates across the globe. In addition, USCIS has the discretionary authority to accept and consider untimely motions under certain circumstances as explained in the form instructions and permitted by regulation. Sample 2: US Visa Stamping Decision Letter for 221g after Document Submission. Can you please guide me here if what my new employer is telling is correct or they are just making me go round and round. We do not know the exact date on when they would implement this new interview waiver rule as well. Now I am planning to go to India for a vacation. my company is willing to re-apply L1B , Am eligible for waiver? If they do not reopen the petition, they will forward it to AAO or BIA. Try the questionnaire, you will get clarity. However, I am not sure what the downstream impact would be. She say exacly for 2 weeks. 2. You can write a letter to consulate telling that you are withdrawing your stamping request and they can close the 221g case. Stage 3: Going through the Non-immigrant Visa Application process with the Department of Homeland Security. This approval notice is required to be shown at the US embassy along with your DS160 form to get a visa stamp. Extension of Post Completion Optional Practical Training (OPT - USCIS Step Two: When you make the motion to the . Please do reply ASAP. Also, you will see a new question at the last that asks Have you ever been refused a visa before? as in the below screenshot. Source:- http://bit.ly/2M3FEp8 Disclaimer:- https://bit.ly/2S00nLJ It was originally given until December 31st, 2022, and later extended for a year until Dec 31st, 2023. what best i can do in this case ? Lottery Process Timeline The first lottery selection process for H1B is already over and USCIS is now sending the invitations. "The denial rate for new H-1B petitions for initial employment in FY 2021 dropped to 4%, far lower than the denial rate of 24% in FY 2018, 21% in FY 2019 and 13% in FY 2020," according to a new. Equally as common, is that the H-1B employee was simply not prepped enough to present their case at the visa interview and be ready for specific questions that the consulate officer asked them. Hi, I am in same situation too. Sample 3: H1B Denial/ Refusal Decision Letter for 221g after Document Submission. Today it showed as Refused. I got 221g form recently and my employer not able to provide the documents that consulate requested for. And now its my turn, the consular ask me , are you working? It does not matter if the petition was denied due to Specialty occupation or employer-employee relationship. For example, if you are an Indian citizen, you can only apply in India or alternatively, if you are an Indian citizen, but live in Germany due to your job with a proper work visa, then you can apply in Germany as it is your place of residence. Anyways, if your employer believes that denial was incorrect they can file for MTR, which can take several months to resolve. So, do not worry. Now that you have the background, lets dive into the details on what was the announcement and how it would work. 3. Is it required that both parents stamping should be done before kids stamping ? She smilled and answering the question just for the touriste purpose , the consular ask again where will you stay in the US ? You can travel and enter on an unexpired F1 visa, assuming that at time of entry you are either a full-time student or entering the U.S. on unexpired OPT. I have received the OF-194 and Im a full time employee working directly for the client. The amendment is not subject to cap/quota. Thanks in advance!! Petitioners who received an adverse decision on an H-1B petition based on the now-rescinded policy memoranda should consider whether there is time remaining in the validity period requested on the previously filed H-1B petition and the relevant labor condition application. As of now, all we can do is wait for the US Consulates or CGI Federal updates. If you get the below, this is confirmed that your US Visa was denied. Can it be possible now to change and correct the visa, what are the possibilites. Unless you can prove that the employee has specialized knowledge that no other American employee possesses, US Citizenship and Immigration Services (USCIS) will reject a request for an L-1 visa. THINGS TO KNOW AFTER YOUR H-1B IS APPROVED If you are the beneficiary of a recently approved H-1B petition, there are several important things you should know regarding visa issuance, validity, international travel, and more. can I transfer now? If you try to intentionally hide your previous visa denials from the US embassy, you are asking for trouble yourself.Your each visa application is stored and the visa officer has access to all your prior interviews and DS160 details. Or you suggest to do a H1 transfer to another Employer. Do i need to be in India if i have an interview waiver? I m really sorry for the misspelt of your name. Unfortunately, we are unable to provide you with any guidance as to how long this process may take. What is the status of your case in USCIS website? Recently, Getting Interview dates in US consulates in India are really difficult because of lack of staffs. They announced that they are expanding interview waivers for many visa types if applicants meet certain conditions starting from January 1st, 2022. H-1B Visa Denial | 2023 Rejection Rate, Reasons, Appeal Process H-1B Cap Season | USCIS You should have never been refused a US Visa at Visa Stamping. January through November 2022: The US Consulates continue to provide interview waiver options for certain visa holders as listed above. Thanks! Have you got any feedback from USCIS after petition returned to USCIS for review? I am planning for my first time stamping appointment. Which will be the safest way to avoid any complications. There was the end for my interview the consular watch me on my eyes and tell me, that i have to email them about this all information asked on this paper and he gived me my passport: The paper was that im refused on 221(g) and i have to send this information asked on the paper to them by an email. Will it impact my interview waiver for H1-B visa? H-1B Electronic Registration Process | USCIS So my Q is , my son got interview prior to my VISA slot for DROPBOX. What will happen to my undergoing H1 review in case I m quitting my Employer and going back on H4. US Consulates said that their offices are not set up for social distancing, so they could not open more slots or increase capacity by adding more officers. There are no issues reported as such by our user community from the beginning of the year until November 2022. If had 221g administrative processing, they should have been resolved and got Visa stamping done. Set out below is a chart showing the H-1B visa status flow from employers submitting H-1B registration to getting a decision from the USCIS. Most family-based immigrants file the DS-260 form at the US embassy located outside of the US, after getting their i130 petition approval. 3. Official websites use .gov If you do answer something wrong, you are misrepresenting your info and that is considered fraud. What are the things I should take care while attending H4 interview. Not sure, if they will consider though Plan for backups and see if you can ship medication to India. The H1B visa stamp can only be applied if you have an approved H1B petition from USCIS. Thanks, please what do u think i did wrong and what do u think i should do cos i want to reply for same purpose. 2023 AM22Tech| 2)if by the time, RFE my friend can produce Kforce consultancy payslips to answer RFE? H1B Visa Approval - Steps After H1B Visa Approval - BankBazaar : Make a motion for reconsideration with the office that made the original decision. 03/12/2021. This can take from 3 to 6 months, so if the denial was for an H1B transfer you should keep your original job until you know the outcome of your appeal. Can I choose to not get the interview waiver? You should write the real reason behind the cancellation. This will cause waste of time and money. H-1B Visa Denial at Different Application Stages 3. See the below screenshot of the exact guidance from the USCIS website. Hi, My H1b was picked in 2017 and got I747 approval notice on Oct 2017. They must be applying for the US visa in their consular district of residence. If your H1B extension, amendment, or transfer was denied by USCIS, then you need to answer No to this DS 160 question. An attorney may be able to suggest more on this. I got stamping till 2021. My case is H1B refusal case, which is refused due to below reason. If you have any issues or concerns, please contact us at www.ustraveldocs.com/in. Or what kind of problem can I expect from them??? Shal, You havent received H-1 in the past, right? It can be applied directly at the US embassy. How to Appeal An H1B Denial and Get Approved? - Herman Legal Group So there is the question? There is a fee to file an appeal, and your notice of denial will tell you the amount of the fee. So officers review of H-4 visa stamping would be based on your current H-4 and spouses H-1 documents and not what you can do in future. This is an example of an H1-B visa stamped in your passport. Is it possible. Now I have added all my dependents(they do not have any US Valid Visa) However when i move further based on my B1/B2 Valid visa it is showing Interview Waiver even for First time H1B Stamping. The bottom line is that USCIS and consulates view cases differently. This page was not helpful because the content: Immigration Relief in Emergencies or Unforeseen Circumstances, HQ 70/6.2.8 (AD 10-24), Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements (Reference AFM Chapter 31.3(g)(16)), issued, Jan. 8, 2010; and. There are chances that your first visa application was denied but was approved on the second attempt. Your Petitioner does not appear to be either able or willing to provide Qualifying employment in United states in accordance with appropriate laws and regulations. The answer is the difference between the H1B petition and an H1B visa. Since the embassy is not opened yet. Depending on how it goes, you may have to change later. Get denial reason from form 221g or 214B refusal. Along with a valid passport and visa (if applicable), the noncitizen beneficiary should carry the following documents when traveling to the United States: Form I-797, Notice of Action, stating we approved the petition; or; A copy of the approved Form I-129S (if applicable). Check US Visa Dropbox Eligibility 2023-24 (With App). I have same question , My B1 Got Rejected in 2018 & i have valid H1B from 2019 I am eligible for drop box ? below mail from embassy when checked the status ====================== Dear Sir, Your case has been sent to USCIS with our findings. Now I received approval for h1b but I can start my employment after October 1 st only. I came to USA as a f1 student and after completing my masters degree in computer science I did opt with one company. I got a internall project with employer and they are asking to submit the project letter of the new project for the 221(g) query requesting for the new project. Lately people have been reporting that the CBP officer is stamping CWOP on the expired visa while boarding the flight to India and this has made them ineligible for dropbox appointment as the previous visa has this annotation. plz answer thanks. You should still answer the DS160 question as YES and clearly mention the reason for denial. Will i be eligible for interview waiver? See the below screenshot of the official press release. It is ok not to have payslips from US in this case. A 10-digit barcode will appear on the confirmation form. Did you file new H1 ? But, In the list of documents of Dropbox how do we establish direct relationship with my partner like marriage certificate , photo album etc .. should we carry those documents directly. H-1B approval, but visa rejection occurs often. I dont want to wait and take a chance at the next H1b season. What Happens After Filing an H-1B Petition With USCIS - National Law Review Just mention as much details as you know. Anyway my status is refused on the website: Ok, im refused but the consular must not give me this paper that im refused on 221(g) and give me hope that i will get the US VISA, or my status is refused. Please help me as its been 6 months n I am stuck in India without my family. Thank you for your response. Keshi, You should get the contract reviewed by a labor attorney to know the consequences.
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