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Analysis Discussion This forum is used to analyze, predict, track and share the information about the progress of visa dates, visa bulletin and application status of individual cases.

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  #1 (permalink)  
Old 04-22-2009, 06:53 PM
Senior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
06/12/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
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Join Date: Jul 2007
Posts: 135
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Default Going for B1 Visa but H1B rejected earlier

Hi All,

This is for one of my friend. His H1B is rejected year and half ago, because of employment verification descripency. Now he got into another company and they are processing his B1 Visa.

What is the chances of getting B1 visa. Will it be rejected because of his previous H1B rejection during his B1 visa stamping at the consulate.

Please reply with your input.

Thank you,
__________________
EB2- India
PD 05/14/07, LC 05/23/07,
I140 approved- 06/17/07

I-485 receipt notice date -07/02/2007
GC Approved on 12/12/20111
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  #2 (permalink)  
Old 04-22-2009, 07:01 PM
Donor
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
07/15/2006
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
08/14/2007
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Join Date: Dec 2007
Posts: 124
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Default Not necessarily related

Quote:
Originally Posted by GCVictim View Post
Hi All,

This is for one of my friend. His H1B is rejected year and half ago, because of employment verification descripency. Now he got into another company and they are processing his B1 Visa.

What is the chances of getting B1 visa. Will it be rejected because of his previous H1B rejection during his B1 visa stamping at the consulate.

Please reply with your input.

Thank you,
A cousin of mine went through the exact same situation, but ended up with a 10-yr mulitple entry B1, in spite of the H1B rejection. And later on obtained an H4 and even after that a brand new H1B.

However, it is important for the applicant to respond truthfully about previous visa rejections. All in all, the two are not necessarily related. Having said all that though, there aren't any guarantees with visa issuances at any consulate.
__________________
PD: Dec 01, 2004 (EB2-I)
I-140: Jan 26, 2007
I-485: RD Aug 15, 2007; ND Oct 02, 2007
FP: Jan 15, 2008
FP & NC: Cleared Aug 2008
RFE Apr 2009 (responded Apr 2009)
CPO: Sep 10, 2009
Approval notice: Sep 14, 2009 (in the mail)
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  #3 (permalink)  
Old 04-23-2009, 02:05 PM
Senior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
06/12/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jul 2007
Posts: 135
GCVictim is a splendid one to behold GCVictim is a splendid one to behold GCVictim is a splendid one to behold GCVictim is a splendid one to behold GCVictim is a splendid one to behold GCVictim is a splendid one to behold GCVictim is a splendid one to behold
Default

Thank you for your response
__________________
EB2- India
PD 05/14/07, LC 05/23/07,
I140 approved- 06/17/07

I-485 receipt notice date -07/02/2007
GC Approved on 12/12/20111
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  #4 (permalink)  
Old 05-03-2009, 02:46 AM
Senior Member
Priority Date
:
May-07
Category
:
EB2
I140 Mailed Date
:
06/12/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/30/2007
Compare
Join Date: Jul 2007
Posts: 135
GCVictim is a splendid one to behold GCVictim is a splendid one to behold GCVictim is a splendid one to behold GCVictim is a splendid one to behold GCVictim is a splendid one to behold GCVictim is a splendid one to behold GCVictim is a splendid one to behold
Default

Hi,

I've couple of questions.

1. Was your cousin had the same work experience(Resume) for both H1B and B1 interviews? Or different work experience?

2. What are the chances of denying B1 visa if we have different work experience than previous H1B rejection work experience.

Thank you,
__________________
EB2- India
PD 05/14/07, LC 05/23/07,
I140 approved- 06/17/07

I-485 receipt notice date -07/02/2007
GC Approved on 12/12/20111
Bookmark and Share Compare Reply With Quote


  #5 (permalink)  
Old 05-03-2009, 02:59 AM
Senior Member
Priority Date
:
Dec-07
Category
:
EB1B
I140 Mailed Date
:
11/30/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
11/30/2007
Compare
Join Date: Dec 2006
Posts: 588
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Default

Quote:
Originally Posted by GCVictim View Post
Hi,

I've couple of questions.

1. Was your cousin had the same work experience(Resume) for both H1B and B1 interviews? Or different work experience?

2. What are the chances of denying B1 visa if we have different work experience than previous H1B rejection work experience.

Thank you,
I believe that B1 visa holder cannot be employed and cannot be paid. See, e.g.,

http://www.workpermit.com/us/employer_b1_b2.htm

What you mean when you say that a company is "processing" a B1 visa?
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I am not a lawyer. Use at your own risk any information given by me.
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  #6 (permalink)  
Old 05-05-2009, 08:09 PM
Donor
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
07/15/2006
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Dec 2007
Posts: 124
ksrk is a name known to all ksrk is a name known to all ksrk is a name known to all ksrk is a name known to all ksrk is a name known to all ksrk is a name known to all
Default Additional work exp when applying for B1

Quote:
Originally Posted by GCVictim View Post
Hi,

I've couple of questions.

1. Was your cousin had the same work experience(Resume) for both H1B and B1 interviews? Or different work experience?

2. What are the chances of denying B1 visa if we have different work experience than previous H1B rejection work experience.

Thank you,
My cousin had additional work experience after the H1B application and before the B1 application.
Since the purposes for H1B and B1 are different, any additional/less work experience when applying for B1 won't affect its outcome.

B1 is classified as a business visa and as long as the applicant has a sound job in the home country (in support of of which s/he is applying for B1 in the first place), s/he shouldn't have trouble getting the visa. Of course, stay in the US is usually limited to 3 to 6 months when visiting on B1.
__________________
PD: Dec 01, 2004 (EB2-I)
I-140: Jan 26, 2007
I-485: RD Aug 15, 2007; ND Oct 02, 2007
FP: Jan 15, 2008
FP & NC: Cleared Aug 2008
RFE Apr 2009 (responded Apr 2009)
CPO: Sep 10, 2009
Approval notice: Sep 14, 2009 (in the mail)
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