H-1B denied? Now what?

You’ve applied for the H-1B Visa in the US and you’ve been just recently given the bad news that your visa application has been declined. This is a case faced by many due to a lot of reasons. Needless to say that this is obviously disheartening, but there is no mistake that can’t be rectified. Even though if your visa application has been rejected you can still take actions that can help you get your H-1B Visa.

First of all, some reasons as to why visa application gets rejected so that you don’t fall again in this category again.

  • Sometimes the application gets declined because of the petitioner’s lack of submission to demonstrate its image as an established and operating entity in the US.
  • The applicant’s lack of specialized knowledge also holds back the visa application sometimes.
  • If the application is unable to show the appropriate proof of employer/employee relationship.
  • If the fees that are required for the processing of the application is not paid accordingly then that can result in the cancellation of your visa application as well.
  • If the remuneration you would be getting in the states doesn’t comply with the prevailing wages as per the laws of the US, then that can result in the cancellation.
  • Any violations towards the laws of immigration in the process of filing your application would result in the cancellation too.
  • If the petitioner delivers the documents and the payment to the wrong service center then even that can result in the cancellation.

Now, for the steps, you can do after your Visa application has been denied.

  • The one employing you can file on your behalf the I-129 petition.
  • If the employer is not willing to file the petition on your behalf you can then look for one that would do.
  • If your application is denied due to insufficient documentation and insufficient fees, then you can re-apply the application and reconcile the mistakes

In many times it is fairly impossible to file a motion for reopening your file once it is denied but you can still try once anyway.

  • You can file a motion to reopen your file and check your visa application again.
  • You can file a motion to reconsider your application as well.

To attempt this motion be sure first to consult with an experienced immigration lawyer so as not to make the case worst. These are basic steps you can do after your visa application is declined. Keep in mind the reasons and you can avoid this hassle altogether.

Source: http://www.immi-usa.com/h1b-transfer-denial-top-reasons/

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