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3/29/2014

Possible Nightmare at the US consulate- H1B Stamping - Blogs - DesiOPT OPT/CPT Forums
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PossibleNightmareattheUSconsulateH1BStamping

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PossibleNightmareattheUSconsulateH1BStamping
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Possible Nightmare at the US consulate The infamous INA 221(g)!


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Youre a student working on OPT whose status is about to expire. Logically, you ask your company to sponsor you for H-1B. Your company happily obliges. After a longer than normal processing time and after responding to a 20 page Request for Evidence from USCIS your H-1B is finally approved. The news is exhilarating as H-1B is often the first step towards an employment based Green Card for many highly educated immigrants in the United States. Now that youve accrued some vacation time, you decide its a good time to visit your friends and family back home. You inform your manager that youll be taking two weeks off and will be back on your project in no time. Due to the amazing work youve been doing your manager is more than happy to give you some much needed R&R. You fly home, see your family, get nostalgic for your childhood, see some of your old friends, and maybe even look for a spouse. Watch the movie: http://bit.ly/1m67Cec
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However, you know that your career is in the United States, and being the intelligent person that you are, you immediately schedule an interview at your
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3/29/2014

Possible Nightmare at the US consulate- H1B Stamping - Blogs - DesiOPT OPT/CPT Forums

local consular office in order to quickly obtain an H-1B Visa stamp on your passport. You speak with your company attorney and representatives of the consular office who adviced you on what documents to bring. To be on the safe side, you bring a copy of your 300 page H-1B petition, all your school records, and letters from your manager testifying to their need for your services on the current project.
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You feel a bit nervous on the day of your interview. Youve heard all kinds of horrible stories about people whose visas were denied during consular processing. Nonetheless, you move all those negative thoughts to the back of your mind, after all, those people were most likely scammers and cheats who make law abiding immigrants like yourself look bad. After going through the security protocol and waiting your turn, youre finally called in. The officer in charge of your interview seems nice enough and initiates a friendly banter as he goes through your file. Then without notice, the banter stops and he starts mumbling to himself and shaking his head disapprovingly. Sorry, but Im going to have to send this petition back to the state department with an intent to deny, he says with absolutely no sympathy. Why!? you ask in disbelief. After all, the Department of Homeland Security approved your H-1B petition. What does this guy, who isnt an attorney or judge, know that could make your H-1Bpetition deniable? The officer seems shocked that youre shocked and tries to lay the blame for your misfortune on the attorney who filed your H-1B and the company you work for..More:
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