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Visa Refused At Hyderabad (india) Consulate

Discussion in 'Nonimmigrant Visa Applications' started by Piyush, Nov 27, 2014.

  1. Piyush

    Piyush New Member

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    hello,
    Need some insight.

    My visa status is in refused state on USCIS website (https://ceac.state.gov/CEAC/.) since 20th-AUG and no mails has been sent back to my employer/client for any verification, what can i make out from this.
    Though i have lost hope but i was expecting refusal mail under 214b. Do i still hold a chance to get the H1b Visa stamped.
    Can you please suggest.

    On internet and in some forum i was advised to look for a new employer

    If this is the case and If i happen to find a new employer, would the new employer be able to file the petition under CAP exemption or it would require a new H1B filing altogather.

    Thanks in Advance
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    In the future, please post in the appropriate forum.

    What was the stated basis for the refusal?
     
  3. Piyush

    Piyush New Member

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    Hello Ron,
    Sorry if i posted in wrong forum.

    The VO stated that my employer is a consulting firm and they doubt on them whether they have suitable job for me or not.
    They called me twice for the interview
    Its 4 months over now..the status still shows Refused on the website and no refusal mail has been refused till now.
    What can i expect now in this situation?

    Thanks,
     
  4. Jim Gotcher

    Jim Gotcher Administrator

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    This is a tough one as the VOs provide very little in the way of feedback and they do not respond to inquiries unless a congressmen makes an inquiry. Your employer may want to try this route for you.

    As for the doubts they expressed, they most likely sent the fraud unit to investigate the credibility of the proposed employment. For example, if you submitted a client letter, they will contact the client to see if they issued the letter. If the client does not respond or missed the email/vmail, they will not follow up (most likely) nor will they act on your visa. If you submitted a letter, you should follow up with the client to make sure that they did not miss any communications from the State Department.

    Unfortunately, from what we have seen, once this happens, it is very hard to get them to reverse course as they will assume fraud has occurred in some form. If your employer can reach out to their congressmen and have them find out what happened and if an inquiry was made to the client and see if they can resend the inquiry, that might help.
     
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  5. Piyush

    Piyush New Member

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    Thank you so much for your insight.

    My employer said it takes time for these kind of cases, even up-to 12 to 18 months. I dont think my employer has reach to congressman over there.
    While handing over the 221g form, the VO said she need to perform some checks from their end and there was just one mention at the bottom of the page Hyderabad, FPU. Probably, my application has been send to Fraud prevalent Unit.
    Though I have lost hope, but was wondering why don't they send back the petition to USCIS for revocation.
    Is it time to find a new employer who can file petition under CAP exmpt or shall i wait for some kind of refusal confirmation.

    Thanks once again for your time
     
  6. Jim Gotcher

    Jim Gotcher Administrator

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    It is odd - on some cases, they send them back to USCIS quickly and on others, it is a very slow process or they never send them at all. Even when they do send it back, it takes USCIS a few months to send out the NOIR on it. Usually, you will see the case status change online when they send it back and when USCIS issues the NOIR.

    Also, this is probably not what you want to hear, but I thought to inform you to save you time and frustration in the future - this past summer, USCIS started issuing RFEs and denying cases based on cap exemption. They are saying that unless you received an I-94 on your cap H1b approval notice OR you got a visa from the consulate, you are not cap exempt.

    We saw a case that was denied and it was similar to yours except in that instance, the case was revoked after the 221g. They stated that the person never received the visa so they were not cap exempt. Your case is a bit different since it was not revoked, but I could not tell you how they would react if you were to try to transfer the H1b to another employer as this is new territory for the USCIS as far as RFE/denials go.
     
  7. Piyush

    Piyush New Member

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    Hello Jim,

    Thank You so much from bottom of my heart for replying and giving me a clear picture on where do i stand regarding my H1B
    I have posted in so many forums to get some clue but nobody explained me clearer as you.
    Though my case is bit odd but i have given up hope now. The hope can be rekindled only when the petition is sent back to USCIS and get any kind of refusal mail.
    Though my employer says that these kind of delay are usual in H1B stamping and vowed to fight back if it sent for revocation.
    They also said, they have won similar cases before after they were send for revocation.
    I am not sure if its false notion from my employer or something else.

    I do have friends in US, whose employer has shown interest in filing under CAP exempt after some wait but example you gave for eligibility for CAP exempt leave me with very little option.

    Thanks,
     
  8. Piyush

    Piyush New Member

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    Hello Jim,
    Just wanted to update you something which i noticed on CAEC website https://ceac.state.gov
    After four months and two weeks the status changed from Refused to "Administrative Processing".
    Not sure what is happening but is it something from which i can take some positive?

    Also i want to inform you that I had opened a case with "Support@ustraveldocs.com" for status on visa around a month back. Today they closed the case mentioning me Case Reason as " Hold case/221 G & Refusals/214B"

    At the bottom it was written
    Dear Applicant:

    We are in the process of updating your case status. Please continue to check your case status online.

    We are required to conduct administrative processing in many cases. Unfortunately, we cannot give a specific time frame during which processing will be completed, as each case is different and may require different processing than another case that may appear similar. While we recognize how frustrating these delays can be for applicants, please be assured we process each case as quickly as possible.

    Sincerely,
     

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