Q. My visa got rejected in Dec 2008 in Chennai and for a second time in July 2009 in Hyderabad. Why was it rejected? And since my visa has been rejected twice in the last six months, I am trying to book a visa date but not able to get a normal date. Can I book visa date in the emergency slot?
A. Why was your application rejected? We address this issue on our website www.hyderabad.usconsulate.gov under the topic ‘Frequently Asked Questions’. In general, the Consular Officer will look for evidence that you will return to India at the end of a temporary stay in the United States.
Section 214(b) of the United States Immigration and Nationality Act states that “Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the Consular Officer, at the time of application for a visa, that he is entitled to non-immigrant status.” This means that most visa applicants must convince the Consular Officer of the following:
That the applicant intends to return to his or her home in India following a temporary stay in the United States; that the applicant’s financial situation is such that he or she can afford the trip without having to seek unauthorised employment in the U.S.; and that the applicant’s purpose of travel is for purposes permitted by the applicant’s visa category.
Applicants overcome this presumption of immigrant intent by showing that their overall circumstances, including social, family, economic and other ties to India, will compel them to leave U.S. at the end of a temporary visit or study. “Ties” are the various aspects of life that bind you to India, such as your family relationships, employment and possessions.
In the case of younger applicants who may not have had an opportunity to establish such ties, the Consular Officer may consider educational status, school grades and long-range plans in India. The Consulate General requires some documents and suggests others in order to help the Consular Officer get the most complete understanding of your case. Each person’s situation is different and there is no single interview answer or document that shows compelling ties to India.
A decision on your visa application is based more on the interview than on documents. The information on our website provides guidance to help you provide the Consular Officer with the best information so that you may get the fairest interview. There is never a guarantee that any applicant will have their application approved.
If your visa application is refused, you may apply again. However, if your circumstances have not changed, the result will probably also remain the same.
Q. Why have I been unable to get a normal appointment date?
A. All appointments are made through our VFS scheduling service at https:// www.vfs-usa.co.in/Home.aspx. Currently, appointments are available up to three weeks in advance. We advise applicants to check the website frequently since new appointments are added regularly.
Q. Can I book a visa date in an emergency slot?
A. If you have had your application turned down twice in the last six months, you are eligible only for a regular appointment. If you have had your application refused twice, at two different consulates general, you may want to review your situation and determine whether you should submit a third application. If your circumstances have not changed, the result will probably also remain the same.
Q. I have H1 approval notice valid from 10/1/2007 to 9/28/2010; however, I could not go to visa stamping due some financial reasons. I request you to kindly let me know if I can still go for visa stamping.
A. If you are or will be working for the company that filed your H1B petition, then you can apply for a H1B visa during the validity of the I-797. Remember, the expiration date of the visa is tied to the validity date on the petition.
Q. I worked in the U.S. on H1B visa. I got laid off due to bad economic conditions in the financial industry. If I find a new job in the US can I transfer my current H1B visa? Do I need to apply for a H1B visa from Hy
derabad?
A. If you are still in India, you will need to apply for a new petition and a new visa. The Department of Homeland Security determines the validity of H1 visa applications for temporary employment or long term training from companies based in U.S.
Petition-based visas – like the H1B temporary work visa – are transferable but only under certain conditions. US law permits an H1B visa holder to change jobs while an application filed by their new employer is still pending approval by the Department of Homeland Security.
To change employers, H1B visa holders must have been lawfully employed; the new employer filed the petition prior to the expiration of the authorised stay; and the person had not worked without authorisation prior to the filing of that new position. If the prior visa and petition have expired, the person is not eligible to receive a new visa until the pending petition has been approved.
1 comments:
H-1B as a remedy for labor shortages and as a means of hiring "the best and the brightest" from around the world
strongly support), the vast majority are ordinary people doing ordinary work. Instead of being about talent, H-1B is about cheap labor.
H-1B visa holders may only work for sponsoring employers after approval by the Departments of Labor and Homeland Security.
Although most of the non-compliant H-1B workers had posted wages from employers in fields associated with technical or
specialty occupations, the report noted that one H-1B worker had earnings from a restaurant and janitorial service.
Thank's
and
Regard's
H-1b visa
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