H1B visa denied

[kasnanaveen]

Hello People,

My H1b visa application was denied at Kolkata embassy on Dec 16th 2010(attended visa interview on Nov 29 2010 but decision was taken on Dec 16th 2010) even though I had the latest LCA for a new work location but the reason was when I filed H1b petition I was working for a different client at a different location and now I am working for other client at a different location and when I spoke to my company attorney he said he is going to apply for H1b amendment under premium processing for a new work location but I lost my job where I am working because I didn't reported on time at the client location. So taking all these into consideration I have below set of questions raised in my mind and just wondering if anyone could answer these questions below.

1. What are the chances of getting H1b Amendment approved and if approved how long does it take to get that H1b amendment pproval notice?

2. Even if my H1b amendment petition is approved when apply for a visa interview again what are my chances of getting the visa approved without having the job at client location? (but I still have the client letter which was sent by email on Dec 6th 2010)

3.If you think my chances are low for getting visa approved with the new H1B amendment petition as I no longer have a job at client location or due to any reason what could be done to straighten things up?

Regards,

Naveen

[chander_77]

As per new rules of USCIS, when you are in US and change your client then also they expect you to file new H1B with new LCA. Most of cos are not doing it but rulewise it should be done. This and last year dept has verified physically whether consultant has been working for those clients or not. If they dont find consultant at client location (which is mentioned in LCA filed during H1B) then they send query to employer and revoke old H1B. It has happened with my colleague in Sep-Oct. Though you are good so far you dont get physically verified. When things are not easy being in US, it gets complicate when you go for VISA stamping.If you have changed the client after getting H1B then you should not have visited India if stamping was due (until you have got serious emergency).

1. What are the chances of getting H1b Amendment approved and if approved how long does it take to get that H1b amendment pproval notice?

H1B can get approved based on existing client letter if USCIS doesnt call client and tries to verify. Otherwise you need a new client letter which will confirm to use your services.

2. Even if my H1b amendment petition is approved when apply for a visa interview again what are my chances of getting the visa approved without having the job at client location? (but I still have the client letter which was sent by email on Dec 6th 2010)

They wont approve without client letter. Client should be same what you give during H1B amendment. They will give you 221(g) again and will make you wait for 1-2 mo. Then they may call your client to confirm ( if till then your new client still wants to have you once you get VISA) then they will give you VISA. otherwise they can reject again. Also now days consulate are reject Employer->Vendor->Client model based in EE relationship. Means they may reject saying your employer is not able to provide you direct employment. However such rejection are more in Delhi compare to other consulate. I am on same boat and waiting for my fate.
3.If you think my chances are low for getting visa approved with the new H1B amendment petition as I no longer have a job at client location or due to any reason what could be done to straighten things up?

Discuss with your employer and arranged a new client letter even it is dummy letter from a reasonable company. Your employer co can talk with them that letter is just to help you to get VISA and come back to US and not any commitment to hire you once you get back. May be you can request this to your old client and use old client letter. I am trying to do same.

Best of Luck.
Regards,

Naveen

[kasnanaveen]

H1B visa denied

Hi Chander,

Thanks for your reply and may I know which consulate did you attended for visa interview?

[chander_77]

New Delhi