visa rejected--plz help

[godsave]

hi,
I am a doc,cleared the United states medical licensing exam 1st part,scored good marks.I applied for a b2 visa in may to appear for the part-2 exam held in USA only.I had all valid docs like exam hall ticket,letter from Education council of Foriegn medical graduates-USA to allow me to travel to USA for the exam.I had all supporting docs mentioned in this site.The interview went on well at first, then the VO asked if any Immigration application filed on my name--i said yes..it was filed in 1985 by my aunt for my dad mom and myself(was only 2yrs old then).only my dad travelled to US got a GC but returned in 1yr,after that didnt renew the GC.Me and My mom never went for the immig interview.Now its 20yrs past not having a valid Gc or any Immig status.. i also produced docs showing the abondonment of my father's Gc and letters of undertaking by my dad and mom that they will not claim the immig status back.The VO scanned all these docs and rejected my b2 stating that i had a family history of Immigration and that my aunt went there to work but settled down there(she is an American citizen now) and that i have not convinced the Vo that i will come back.I told that i have a property here, and we dont want to stay in US so only my dad came back..all i want to go to US is only for my Education because my subject of interset is not avilable in my home country..and that my postgraduation there will enhance my career in India.But still the officer was rude and said 'i have already made my determination--u can go doctor'.
I cannot change my family history...is there any possible way out..I want to apply again..
Kindly put in all details u know that would help me..
Thank you

[peace]

Really sorry to hear that.
To be very frank, it will be hard for you; you cannot change your family history.

I suggest do not waste your time and money on the visitor visa process.
Instead, concentrate on looking for a research job that will get you an H-1b.
H-1b is not affected by an immigrant intent.

Sit on the net and scour all the jobsites, bostonworks.com; hotjobs.com,
monster.com etc. etc.
There are countless openings for research assitants in research labs all
over the US, some do not require any experience. You may not readily find someone to file an H-1 for you, but perseverance pays. Look for university hospital research jobs as they are exempt from H-1 yearly quota.
If they can, ask your relatives in US to help you.

THis is your best bet. Once in US on an H-1b, you can take step2cs, step2ck, and look for residency as well.

[smohanty]

A lot of Indian medical students who have cleared one part of the USMLE work towards getting admissions in a US university for an MPH (Masters in Public Health) or other such similar health-related graduate courses. They are thus able to get to the US on a student visa (which is easier for a young adult to get) instead of a visitors visa (where there is more possibility of being rejected).

They then prepare for the next part of the MLE while doing their graduate study here.

And having an additional degree in Public Health or Hospital Administration only boost their resume.

So may be you should consider taking your GRE and TOEFL and applying to some good US universities for a graduate study course. If you get admissions in to some prestigious university here then you may be able to get a student visa to the US.

[godsave]

thank you all for your suggestions.I am working on it.But applying for a student visa(f1) can also be rejected under 214(b).I was rejected under this as i have already stated due to family history.will getting an admission in a good university for MPH help me in overcoming this 214(b) tag..please guide me..if this is possible then i will take the GRE right away...

[smohanty]

thank you all for your suggestions.I am working on it.But applying for a student visa(f1) can also be rejected under 214(b).I was rejected under this as i have already stated due to family history.will getting an admission in a good university for MPH help me in overcoming this 214(b) tag..please guide me..if this is possible then i will take the GRE right away...

Unfortunately boss, there is no 100% guaranteed method of getting any kind of US visa.

All I can say is that the MPH route has been successfully followed by many Indian doctors to get to the US. Of course, their personal situation may not have been the same as yours. But if you are serious about pursuing your medical study here then the F1 visa route could be worth a shot and might work out better than the B2 visa route.

Again, the reason I told you to try for admissions to a prestigious/highly ranked university because then you will be able to present yourself as a serious/genuine student who deserves a visa. And if you were also able to secure some funding along with your admission then that would be the topping on the cake.

Of course, during any future visa interview for any kind of visa you will have to find a way of letting the VO know as soon as the interview starts that your parents and you actually gave up the opportunity to immigrate to the US.

Good luck.

[peace]

GODSAVE
214b does not apply to H-1b and L-1 visas. Which means they are dual intent visas- you can have an immigrant intent and you will still be given either of those visas. THis is not true for visitor, student and exchange visitor visas
where you must prove that you will return to home country or 214b will apply.

With student visas they apply 214b less stringently than visitor visas, but with your family history it is always a possibility.
All your effort on GRE , TOEFL etc could go waste in 2 minutes.

I STILL ADVISE YOU TO GO THE H-1B ROUTE.

[godsave]

Thank you senior members...I want to know if it is possible for any physician in US to sponsor me H1b for the post of physician assistant in their private clinic(because my relative is a physician In US)..if possible what are the procedures I must guide him to do..and the process i must undergo...

Kindly give your valuble suggestions on this...and what are the chances of getting such type of visa in my case...

[peace]

godsave

No, for a physician assistant you must be licensed after passing the physician assistant's exam held only in the US.

But your physician relative could start a clinical research project of his own
and get you here as a clinical research asstt. or he could find you a research asstt's job in the hospital he is affiliated to.

[godsave]

Thanks Peace...My physician relative is working on a current research work and he has accepted to take me as a clinical research asst....but it's a non-profit private own research work...can he sponsor a H1b for me??..he is an american citizen..what are the procedures should we follow to file a H1b..i went through the sites h1b requirements..anything other than that we need to do to enhance my chances of getting the h1b without rejection..and will the yearly quota of h1b affect me..(remind you its a private research affliated to a private hospital)..kindly guide me seniors...

[peace]

For H-1b, the employer needs to show they can meet the wage requirements
of the employee. And not all nonprofits are cap exempt. Mainly those affiliated
with higher institutions. Your position may be exempt ; just confirm with a good attorney for this.