H1B (renewal) denial under 212(a) 5(a)

[ozzy80]

Hello all,

I recently came to Mexico for my H1B renewal and my visa was denied stating 212(a) 5(a). Can someone tell me what does that mean. From what I read from the Internet, this does not apply for someone whose Labor is already approved.

Can someone let me know what this actually means, and suggest any options, if any, that I have?

[orion]

Under INA §212(a)(5)(A), an alien seeking entry for the purpose of seeking skilled or unskilled labor is excludable in the absence of an approved labor certification.

Are you sure you have approved labor?

Strange, but you're toast now!!!

[ozzy80]

Yes, my Labor was approved last year.

Can I apply for an AAO? Any idea on how long will it take? Is there a major issue, why do you say that I am toast now? Please advise.

[orion]

I said that assuming Mexico is not your home country and that you'll have to return to your home country from there itself, with no chance to reenter US.

You need to get in touch with consulate and sort things out.

When was labor approved last year? Check the consulate website, they might have stopped doing H1 renewals. You need to apply from home country for best chances.

[ozzy80]

My Labor was approved Oct'08.

There are many applicants that are getting their H1B renewals from this consulate. So they have not stopped doing H1B renewals.

I entered US on F1, completed my MS and on my H1B renewal now.

Every attorney that we have discussed this case with are surprised, we are going thru **** ** for an AO.

Meanwhile, any suggestions/comments are greatly appreciated.

Can they revoke my approved Labor?

[orion]

What did you do your masters in and what is your position title?

[txh1b]

Did you not carry a copy of the labor (LCA) filed for the H1b?

[ozzy80]

I did my B.Tech in Industrial Production Engg. and MS in MIS. My position title is Programmer Analyst, and am a Supply Chain Consultant.

I did carry my LCA, but she never asked for it.

[txh1b]

Hmmm. Is your employer reputed? Does the LCA reflect the same?

[ozzy80]

No... it is a regular Indian consulting firm with about 100 employees.