H1B visa 2012 Rejected USCIS

When can H1B visa 2012 Petition be Rejected ? USCIS Guidelines

In H1B Visa by KumarUpdated : 267 Comments

USCIS gives a set of guidelines to petitioners explaining the steps to be followed by them to avoid rejections or issuance of RFE ( request for evidence). USCIS keeps adding new guidelines or modifying existing ones.  Below is the list of those guidelines. It is very important for employers and employees to know these rules to avoid any delay in processing with RFEs or avoid rejections.

H1B visa 2012 Rejection Guidelines by USCIS

  • If a petitioner ( employer) files H1B petition for FY 2012 cap quota and requests a start date before October 1st, 2011.
  • Failure to complete Form 1-129 accurately with correct information.
  • Failure to provide correct required fees or documentation, especially with H1B Fee increase $2000
  • If petitioner does not file petition at correct USCIS service center
  • If employer files multiple H1B petitions for the same H1B worker

This is not a comprehensive list, every petition is different and will be adjudicated on case by case basis, the above list is a general set of guidelines for petitioners.

The biggest challenge with petition rejections like incorrect fee or wrong service center filings is you lose the petition filing date and may miss the boat for H1B season, if the cap fills before your corrected petition reaches.  What it means is, even though you filed a petition at earlier date, USCIS will not consider that date for cap or lottery ( if any). Essentially, they will only consider your application date on the day they receive Application with proper fee and other documentation. Also, read USCIS Press release H1B visa 2012

Do you know any other scenarios where H1B visa 2012 can be rejected ?

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Reference : USCIS Official website


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Comments ( 267 )

  1. Aakash


    Great forum!
    I would like to ask a question. If name is selected in lottery and then we want a correction in some document, can we resend that document again? I sent a wrong resume ,a pathetic mistake. Will it be a basis for denial?


  2. Raj

    Hi Sourabh,

    I need some help from you on the H1B petition denial
    My employer filed L1A visa in Nov’13 and i got it stamped in Feb’14.. meanwhile my employer processed H1B by using 3rd party service unknowingly
    My H1B got picked up in the lottery June’14 and got RFE in Aug asking for the client letter. I submitted the client letter and later my case was denied stating
    that i do not fall under speciality occupation.
    In Nov’14 i got a project in US and travelled to US on L1A visa where my I-94 is recd for 3 yrs. I am currently on L1A status in US with Family.
    In the meantime my company attorney filed for I290B appeal for my H1B denial in Dec’14. and the appeal is still case received status.

    Now my question is can i go for fresh H1B visa from a different employer as i am interested to move to H1B this year.

    1. I am really in dilemma if i have to wait for the AAO to clear or go ahead and file fresh H1B with new employer
    2. If i get AAO denial.. i will continue to be on L1A status ?
    3 If my AAO is approved and my H1B is approved what will be status in US ? L1A or H1B
    4.leaving all the things aside.. can i apply for fresh H1B altogether .

    Please advise

  3. Ratnesh


    I hold a B1 Visa and now want to apply for a H1. While applying for B1 I did not mention one of my previous experience as I do not hold a relieving letter from that company. Now while applying for H1 I want to mention that experience based on the offer letter from that company. Will consulate check for the differences between B1 and H1 resume differences and what is the possible solution in case a RFE comes on the same.

  4. Siva

    My company asked to apply H1B visa and am planning to endorse my spouse name in current password. so here have 2 questions ?

    1) Does my US Bussiness Visa, does it help me for H1B approved ?

    2) Once i endorse my spouce, my current passport will be canceled which has B1 stamping. Does it valid even after New Passport issue with endorsement changes ?

  5. sundaram

    I was in US on L1B and applied for extension which got RFE and my employer pulled back the application wihout answering the same and I travelled back to India.
    Now I am applying for H1B, Do I need to mention the same in DS-160 form now ?

  6. JD

    Hello Saurabh,
    I am planning to attend my H-1B interview along with my Spouse(H4) and kid(3years). Both are having valid passports, but my question is that our passports dont have spouse name endorsed. My wife name is K.ABC and Mine was CH.JD and my kid was CH.XYZ. Will it create any problem at consulate.

    Please help me out waiting for your reply.


  7. JD

    Hi Saurabh,
    Please update my below query….

    My H-1b petition got approved and ready to attend the interview. My employer ABC and willing to deploy me to XYZ client.
    My question is that I do have valid SOW between my employer and client. But as of now client is not providing any client letter.
    Should I attend the interveiw without having client letter??
    what would be the chances of approval??

    Please suggest..I am in big confusion.


    1. administrator

      It is VO’s discretion whether to ask for client letter or SOW or not. Usually they ask for small consulting companies. In case they do, you will have to provide it or they will issue 221g. Is the client not ready to issue any kind of documentation? What documents were submitted for the petition processing?

      1. JD

        Thanks Saurabh for your response.

        As of now answer will be no for client letter. But I do have valid SOW ,PO and Employement Agrement between my employer and my client.

        Will it helps…
        Please suggest me.


  8. jd

    Hi Saurabh,

    My H-1b petition got approved and ready to attend the interview. My employer ABC and willing to deploy me to XYZ client.
    My question is that I do have valid SOW between my employer and client. But as of now client is not providing any client letter.
    Should I attend the interveiw without having client letter??
    what would be the chances of approval??

    Please suggest..I am in big confusion.


  9. H1B Change

    Hi Saurabh,

    I have three questions.

    My current h1b petition will end on Dec 2013 and current role is Computer Programmer. And, my current employer ( Employer ‘A’ ) has filed the extension under current Client ( Client ‘A’ ) for same current Role which is still in “initial review”.

    1. Now, i have got a job offer as a project manager from another employer( Employer ‘B’) and will be soon doing a h1b transfer under new role – ” Computer and information systems Manager”. Would there be any problem if we file a h1b transfer for this different role than my current role?

    2. As my current employer (Employer ‘A’) has filed for extension based on current role ( computer programmer ) and application is in ‘initial review’ from past 3 months, can Employer ‘B’ still file a h1b transfer under new role ( manager). And, will there be any problem due to change in role for the h1b transfer.

    3. What will be the outcome suppose Employer ‘B’ is Client ‘A’ for above two scenarios.

    Please help.


    1. H1B change

      update — I had my H1B transfer approved for Employer B ( Client A ) and working as Computer and information systems Manager. I need to schedule a PA date for visa stamping in Chennai.

  10. parthi

    My H1 petition was filled in 2007 and got approval till May-2010.I travelled to US and returned before 2010 staying for only one year. I have changed employer and now my new employer is trying to use old expired H1 petition to get H1 visa again for me to go and work in US. Can a h1 application filed in May-2007 be renewed in June-2013. How long is H1 visa valid. Please help me understand this

  11. Vaishali

    hi Saurabh,

    I am going to apply for H1B this year(2013) , i am BE ECE ,and have a gap of 1.5 year . i have issued Experience Certificate showing 1.5 Year of Job Experience . But my doubt is ,when they people will cross check whether my Experience certificate it fake or not? OR may they skip experience certificate verification step ? i am confused a bit.
    Thank You.

  12. Amritendu

    My H1 valid till OCT, 2014. It was originally for client A at City A. After that in August, my employer filed LCA for client B, City B, no H1B Amendment and I moved to City B and worked. Again in October , employer filed LCA with H1 Amendment for Client C, City C. I am now working at the new city C. By any chance, Can it be denied as For City B, no amendment filed. How many months it will take for normal processing ?

    Thanks a lot

    1. administrator

      The employer should have filed H-1 amendment when you moved to B. However, I don’t think that should impact the outcome of new H-1 amendment being filed for C.

  13. Rikesh


    My H1b got denied today, its says online they sent out a denial notice…any ideas how likely it is I can appeal? and what are the main reasons for denial as my attorneys stated that this case was very strong and their response letter after request for further information was strong. What options do I have if I cannot appeal?

    1. Blarbah

      Hi Rikesh,

      If I’m not mistaken appeal is your own decision, you can always choose to appeal according to USCIS website, but the outcome is not guaranteed.

      Would you share your reason for denial? I’ve heard storied of some cases being turned around. Was your petition rejected upfront or did you get RFEs or Intention to Deny beforehand?

      Just got RFE so I’m very anxious.

    2. administrator

      If the company decides to file MTR, then they need to do so within 30 days of the decision. Like Blarbah mentioned, the outcome will vary from case to case. In addition, it can take months for it to get processed.

  14. Jany

    Hi Saurabh,
    I have received email confirmation 2weeks back that my h1 is approved from lawyer.But I haven’t received hard copy of approval notice.once I receive that I need to apply for ssn which will take 1 or 2 weeks.my start date is October 1 st 2012.this is first time that I’m getting h1. My questions
    1 Is it mandatory for me to join in October?if I don’t join will my visa gets cancelled?
    2 how Long can u wait n h1 before joining any company?


    1. administrator

      1. Yes, you need to start getting paid from Oct 1.
      2. Talk to your attorney about this. The longer you stay w/o getting paid, higher is your chance of running into immigration issues later.

  15. prashanth

    I have a question about my wife’s H4 visa.

    Currently i am working for company A in US on H1B. In November i am going to India to get marry and i already set an appointment date for my wife alone to attend the visa interview after marriage through company A.(Marriage date is 2nd Nov & Visa interview Date is 8th Nov).I am not going for visa interview as my visa is still valid.
    Now, Company B offering me a full time job and they want to apply for my visa transfer ASAP.My plan is to put the resignation for company A after i come back from india with my wife(if she gets the visa) on Nov 18 and join Company B.
    My question is, do i need to apply for my wife’s visa transfer from company A to company B if i join company B?Please suggest.

    1. administrator

      No, that is not required. B just needs to file petition for you and not your wife. However, doing this will put your I-94s out of sync as your I-94 expiration date will be based on B’s petition and her I-94 expiration date will be based on A’s petition. If you can live w/ that discrepancy (not a legal issue but you need to remember to file extensions at 2 different times) then no action required.

  16. Anoop

    hello Saurabh
    Can you help in this?
    I have applied my H1 in april 1st week, i got the receipt and all. on aug 3rd RFE came.
    Lawyer provided everything they wanted.
    but i am working for contractor for a big company, so when RFE came, lawyer was worried abt the addresses (two addresses having in house on form and PO companys address i am working in), but even lawyer wasnt satisfied abt that, the HR of the company asked lawyer to send the Docs asked for RFE.
    SO now I am worried abt my visa chances for geting rejected.
    Do you know what can happen in this case. They received all the docs on sep 27. How soon i can expect the answer?
    Also If in case this gets rejected whether i can apply next year as i have valid opt till July 2013?

    1. administrator

      I cannot guess what the final outcome would be. If petition is denied, you can apply after April 1, 2013 next year. As you are on OPT, you will be eligible for cap-gap which would allow you to stay and work till Oct 1, 2013.

      1. Anoop

        Hello Saurabh,
        Thanks for the reply. I got denial today. what we can do it in this case, i dont know the reason yet, but can we again ask for Reconsider? Or just reapply next year (april 2013)?

        I am just worried now. I am getting married in Dec and was supposed to bring my wife on H4, Now i have to go for F2?(Right?)? are there any difficulties in getting F2 done in india?


        1. administrator

          The employer can either file an Appeal or MTR but they both can take months to process and the result can be either depending upon what the reasons were and what response is submitted.

          Yes, the dependent will have to go for F-2 visa stamping. Are you currently on F-1 and studying, or working on OPT?

  17. Raghu

    Hi Sourabh,

    My H1B petition was filed on May 2012 and status in the USCIS website shows Intial review. Few days back I was checking my visa docs which I sent to Attorney for visa filing and I noticed that I have written wrong PIN for my local address although address is correct.

    I am worried about my Visa case now. Can you please let me know what are the chances of rejection in my case.

    Thanks in Advance

  18. Sudeshna

    Hi, I have a arrest charge close to 5 years back in USA and recently h4 got clear. from Kolkata VIA office Now i will be going soon for l2 visa stamping. do you think my visa will get rejectd ?

    1. administrator

      If I remember correctly, there is a question in the DS form about it. You need to answer it truthfully. I don’t know how it would play out during the interview, but carry any documentation you have related to that arrest.

      1. Sudeshna

        Hi Saurabh,

        I got my h4 stamping done in march 2012. But my husband company processed l1 so i went for my l2 interview, during interview after giving finger print it came up my old case.they asked me question but i couldn’t answer properly. Visa officer approved my husband and son’s visa and i got a 221(g). Requested to come with and explain why i misrepresented my facts and provide final court disposition letter.Today i visited the Visa office and they took a statement and took my court disposition. After that they return my passport but kept the original case document and told that they will have to do some procedure and will communicate with me when they have an answer. But no slip was issued to me.. do you know how much time it will take to get a definite answer

  19. Salman

    Hi Saurabh,
    I was unable to make for H1 this year as the visa number’s exhausted too earlier. I am thinking to go for an E2 investment visa option. Can you suggest which one is relatively easy to approve E2 or H1 and moreover what is the minimum investment requried for an E2 visa….? Kindly explain briefly. Thanks & would appreciate your co-operation.

  20. Sathya

    Hi Saurabh,
    I have some questions regarding working part time online jobs. For a person like me in the US who came on H4 dependent visa (and my wife is on H1) sitting idle in home wont work our so I tried out a few part-time online jobs, can I:
    1) Being in H4, can I work on these part time online jobs and get paid for it?
    2) Some of the part time online jobs that I get paid, they are requesting me to file a W9 form. This is for the tax filing purposes. Being on a H4, can one do that?

    There are some more questions that I have on my mind but if you could help me by clarifying the above queries, it would be really great.

    Thanks again!

  21. shetty

    Hi Saurabh,

    What are the possible way my wife can work in USA , initially she would be on dependent visa H4. Heard that she would not be able to work with dependent visa.

    can she apply for f1 visa and work there , please help us and let us know ways to get legal work permit for my wife


    1. administrator

      Best visa to work is H-1 which can now be applied only in April 2013. Many schools do not offer CPT from day 1 when enrolled on F-1. You will have to check w/ specific school. Even then CPT work has to be related to the course and needs to be part-time.

  22. Vijay

    Hi Saurabh,
    I filed my H1 from one of the consultancy on 8th June and they said my application reach USCIS on 11th evening ()and due to this reason they send back my packet.
    I have following questions :-
    1) Paid them $3000 and they said they will deduct the expenses occurred for the filing could you please tell me how much they should deduct from $ 3000 even after USCIS didn’t receive my packet.
    2) presently I’m on L1 visa but in case if I want to work for other employer then what are the options..
    3) Does it possible to go on F1 visa and will get permission to work
    please help me I don’t want to go back to India. my present employer want to sent me back by October.
    thank you so much in advance.

    1. administrator

      1. If the petition was returned, then USCIS will not keep even a penny. I don’t know what your employer will deduct as his/attorney expenses. BTW, why was it returned when quota was reached on 11th only?
      2. You will have to try H-1 next year.
      3. You will have to check w/ the school about their CPT/OPT rules. Most of the schools do not offer CPT from 1st semester and even then it has to be related to your course of work. Remember F-1 allows part time employment and is for full time studies.

  23. ABC

    Hello, I just wanted to know exactly how long does it take for a receipt number to come. I filed on 25th may under general quota for a fresh H1b Visa ( California Center ) and i see many of them getting their’s in 2 to 3 weeks time.

  24. VJK

    My employer filed for my H1-B. and after a month when I check my case status on the USCIS web site at the top it shows Initial review and at the very bottom it is showing me an OMB control No .”OMB control no. 1615-0080,

    Expiration date 6-30-2012″

      1. VJK


        Thank you very much for the reply.
        I have another query, Company A has filed H1B pertition for me (Which is still in ‘initial review’ status).
        I am getting offers from other organizations to work with in India. I am thinking of getting visa stamped (If approved), and than resign. I that case if join company B, will my H1B still valid for my travel (as i would be changing my orginal petion company).
        Do i need to pay anything to Company A for processing ? (I have not signed any legal documentation.

        1. administrator

          Once the petition is approved, you can change employers. Your old petition will not be valid (as you are not employed w/ old employer), but you can use it to have the new employer file cap-exempt petition (H-1 transfer). You don’t need to go through the cap again. You don’t need to pay them anything legally.

  25. ksp

    I got a msg from my company that my H1B documents has been sent to US. The status was pending with Attorney before 3 weeks. Will my petition be submitted? I want to know what exactly this means? how many days will it take for me to file my petition? Can you help me in this?

    1. administrator

      If the petition reached USCIS on or before June 11, then you have made through the cap. Else you will have to wait for next April.

      1. ksp

        thanks for the info saurab..

        I have submitted my docs in 2nd week of may. my employer said that it was pending with attorney 3 weeks back. so does that mean my petition has been filed with USCIS.? moreover how to find the current status of my petition ..I am always getting delay response from my employer…

        1. rag_h1b


          If you received receipt number from your attorney , you can go the below URL and search:
          Else ask you attorney for receipt number.

        2. administrator

          You need to really ask the employer if it has been filed w/ USCIS or not. Based on the information you have provided, one cannot guess whether attorney would have been able to file it w/ USCIS or not.

  26. Dinesh

    Hi All,

    My H1B visa has been approved to work with a client ‘ABC’ in the RICHMOND area. After the visa approval and before the stamping, I was asked to go and work with a different client XYZ in the NC area (as my original client(ABC) project was closed on May 31, 2012). So, the client and the location are changing and i have received the new LCA from client XYZ.

    So, I will be going for my H1B visa stamping with a LCA and location different from what is in the petition. Is that OK or is it a sure shot denial case?

    Do I need a H1B amendment?

    1. administrator

      Yes, H-1 amendment is required in this case. Anytime there is a material change in underlying LCA, a person is suppose to file for H-1 amendment.

  27. madhu chandra

    Hello Saurubh,

    I am in india, right now and just had my H1 petition filed. I was a student in US back in 2003 – 2004. at that time during my OPT i happened to work for an employer who is not related to my field of study. i did pay the taxes though. i worked for just 9 days. i am guessing this is unauthorized work.

    my question is since it has been almost 8 years since i worked there, will i have any problem now with my visa? should i reveal it in my DS-160 form or not?


    1. administrator

      madhu chandra,
      I don’t think it will impact as it was long time ago. Avoid any future occurrences of such things.

  28. Utkarsha

    Hi Saurabh,

    Please advise me.. I’m confused. My condition is like this :
    Currently I’m working in MNC for past two and half years. They want to file H1B or L1 visa.
    Before my current company I worked for other 2 companies and I have releving letters as well. But one of the previuos company I worked specified ‘misrepresentation of facts while joining’ in my releving letter. But number of years I worked in that company is clearly mentioned. So will this cause any issues? or will it be a reason for rejection ?

      1. Utkarsha

        Hi Saurabh,

        Thanks for your quick responce. I appreciate your help.
        I have other concern , please help me to clarify.

        1. I already have B1 visa some 5 years back and I’m in US for past one month.
        2.As I said my company wants to file H1B or L1(blanket)visa,
        3.I think i have submitted my resume earlier for B1 processing where one of the company I worked was closed now (it was a consultancy) .
        4. So, while joining to the current company I excluded the company which was closed in my resume and have been working with current org from past 2 and half years.
        5. So now my question is if my present company files for H1B or L1 visa, with my updated resume where I didn’t mentioned one of my previous company details, will this cause a problem or for rejections ?
        6.will USCIS cross checks my resume which I submitted during B1 visa ?

        Please help me..

        1. administrator

          USCIS might not, but consulate can. If you had submitted DS-160 form then they would electronic copy of the previous form and can do comparison of what has changed.

          IMO, it would be ok to mention about the closed company as long as your work was genuine. Lot of companies get closed over the period of time, and it is understandable. In addition you have the experience letter from them as well. If it gives you more confidence to skip them, then do that. If the officer asks during stamping about the change in resume you can mention that you dropped that company as they are closed now.

    1. shree

      Hi Utkarsha,
      Though whatever i am asking is no where related to the post you have mentioned, but i am also having a relieving letter, which tells ‘misrepresentation of facts while joining’ after working for 7 long years for this company.
      Now i am trying for some other company, but will i get through a new job with this reliving letter or anything else has to be done for the same.
      Pls. help


    1. administrator

      As long as the petition reaches USCIS prior to cap reaching the limit, you can consider yourself to have made through the cap.

  29. Akash

    Hi everyone,

    I need your urgent guidance and help.

    I got a call from a US company and they told me that they give me H1B visa. The company (The Veritas Healthcare Solution LLC, New York) is just one year old and I didn’t find any reviews for that company. I applied through a consultancy in India and they charging 10000 US dollar as their consulting fee.

    What you think? What all I can do?
    Do, I have to accept this offer or not?

    1. administrator

      If the process to filing H-1 will start now, then you may not be able to make through the cap as less than 10k slots are left.

      In either case, I don’t know about the company and you can ask them about their past experiences w/ H-1 filings. As for the consultancy, the H-1 filing fees is around 2-4K. Legally, the employer is supposed to pay for H-1 filing fees, and this amount looks ridiculous.

    2. desi

      Hi Everyone,
      The company (The Veritas Healthcare Solution LLC, New York) is a fraud consultancy.
      Its a scam .They are not even e-verified. they dont have any projects.
      we have reported about this company to immigrations. Now they are try to cheat people in india. please do not waste ur time & money.

    3. rao

      theveritas career solutions is complete fake fraud organisation involved in scam they just loot away all your money, they say will give you a job and arrange a call from HR of theveritashealthcaresolutions in US. Its just a trap. BE careful. I am one of those sufferer, they will not lift your calls after taking your money

  30. Krish

    HI.. Surab,

    My H1B Visa was approved by USCIS on May 2012, got for 3 years.

    I have small doubt regarding “embassy” interview.

    What kind of questions I will be facing at the time of Consulate interview.

    Can you please let me in more detail.


    1. administrator

      You can be asked about your profile, employer details, client/project details, your duties/responsibilities in US, and employer-employee relationship etc.

  31. Perumal

    my h1b visa extension has been approved as per USCIS. i applied for the extension while i was in US and now i am in India. what is the probability of the visa being denied when i go for the interview ?

    there is a friend of mine, for whom the interview officer denied L1 visa.

    1. administrator

      H-1 visa has different requirements than L-1 visa. Having said that, stamping is never a guarantee and things can always go wrong even after having the extension petition approved.

  32. sk

    I need your inputs.
    I went to stamping in Feb and got 221g for admin operations. Subsequently, after 3 months the visa was denied due to the Employer Employee relationship was failed. I have my 140 approved with my current employer. My client had terminated me after 3 months of wait. I found a new client and new vendor now. My employer is applying the h1b with an amendment.
    1. What are the docs required to apply for h1b(amendment)?
    2. What are the special docs required to prove EE relationship at consulate?
    3. How do I ask a client letter before even start reporting to client?


    1. administrator

      1. Client-vendor-employer letter, project details, employer-employee relationship documents
      2. They need to demonstrate how your employer controls your daily/weekly tasks and activities, and how you report to them
      3. That’s something your employer will have to sort out w/ the vendor and client

      1. sk

        Hi Saurabh,
        Thanks for your prompt reply.
        Should I go with the same employer or should I transfer my H1 to the vendor? Which is advisable because already my case is on spot light? Will the stamping be easier if I transfer my H1 to the vendor?

        1. administrator

          The best scenario is to work for the client directly. If not, go w/ the vendor and have them file H-1 petition for you. If you go w/ same employment arrangement, then you can again run into EE relationship issues.

  33. ranganath

    Hi Saurabh ,
    I am planning to go ahead for H1b consultant . as these days the rejection rates are high .
    if the H1b gets rejected will it affect me in future.

    1. administrator

      It will not as long as the denial reason is not related to fraud/false documents submitted by you.

  34. atul sharma


    i had my 6 years of H1 completed in US and returned back to india in july of last year. i had my I-140 with my consultancy approved in Jan 2012. my question is 2 parts

    a) can i use this active I-140 of old consultancy and file for a new H1 right today with a new consultancy.(i.e not in the USCIS 2013 quota).

    b) since july of last year i was doing a combination of things like taking a part time MBA, helping my friend set up a new offshore software business etc. but i did not do a regular job even for a single day. will this have any impact during the visa interview?


      1. atul sharma

        Hi Saurubh,

        Thanks for your reply. Since i have already worked in US for 6 yrs,
        a) do i need to get my resume to the visa interview and show it to the VO?

        b) how abt W2’s? in 2006, i was on bench for abt 2+ months ( bad economy etc…) and my W2 falls short of the labor limit by few thousand USD. Will this affect the interview?
        (pls note it has been more than 5 years since i left this company and there is no need to mention abt this company in DS-160 form.


        1. administrator

          Atul Sharma,
          1. Yes, one should always carry latest copy of resume to the interview
          2. I don’t think they will worry about 2006 W2. It has been more than 5 years since that has happened.

  35. Kumar

    Hi Saurabh,

    I working in USA on H1B and planning to file B2 (visitor) visa from my brother-in-law. He is 27 yrs old, unmarried and working for an IT company in India. If his B2 visa gets rejected will that impact his H1B visa application which his employer is planning to apply next year?



    1. administrator

      If the B visa gets rejected b/c he was found as a potential immigrant, then his H-1 would not be impacted.

  36. Kumar

    Hi saurabh,
    My Company has filed a H1b petiton for this year, i have scored second class in my B-tech degree and i had 5 year degree. Now my petition was filed from reputed organization after it was throughly reviewd by comapny’s team. what is the rejection chances please let me know

    1. administrator

      As long as you completed the course, it should be fine. 2nd class will not impact the outcome of the petition processing.

  37. Sarang

    I am currently working in US and I have L1 visa that is expiring on Sep 28 2012.
    How can go for H1 visa without going to India for stamping?

    1. administrator

      Yes, an employer can file H-1 w/ COS for you and once approved you can start working on H-1 (typically Oct 1). If COS gets approved, you don’t need to go for stamping to start working on H-1.

  38. Manish Sharma

    Hi Saurabh,

    I have got H1B visa stamped in march 2012. Now I need to travel for a different client and in a different location, also I need to change my role because my current role is not valid in the new location.

    Please advice how much time generally this whole process takes as my employer is not providing me satisfactory answers.

    Thanks in advance.


    1. administrator

      Manish Sharma,
      This can take few months – first new LCA needs to be certified and then H-1 amendment needs to be filed. The former will take around 2-3 weeks, while the latter can take 2-6 months.

      1. Manish Sharma

        Hi Saurabh,

        My employer told me that only LCA needs to displayed at the client location and after that LCA needs to be certified then I can travel to the new location. They didn’t tell me that H1B amendment is required for location change.

        So if the amendment is required on my H1b, can it be done while I am in US. Like I can travel after certifying my LCA and I can file for amendment after travelling to new location.

        Please advice.



        1. administrator

          Manish Sharma,
          Off late USCIS and DOS wants H-1 amendment to be filed whenever underlying LCA changes. It is up to your employer/attorney whether to do it or not, but be aware that it may cause issues in future.

          It is better to have the amendment filed before travelling to the new location.

  39. Sam

    Hi Saurabh,
    I have a five years corporate banking experience from Pakistan along with a master’s degree. I have an employer who is willing to file an H1 petition for me. This employer runs various convenience stores in U.S. What are my chances of getting H1 petition approved and if approved would there be any problem getting my H1 visa stamped.

    1. administrator

      It would depend upon whether the position requires someone w/ specialized knowledge and at least 4 years of college education, and also whether you are qualified for the position (neither under-qualified nor overqualified)

  40. Renjith

    One of the employer from US is going to file H1-B VIsa petetion for me.Now I am working in India and planning to change some other company,it may be in Gulf.
    Sometime i will not work for 3-4 months.

    For HIB Visa I have two Questions.

    1.Current job mandatory at the time of visa stamping?
    2.Job itself is mandatory at the time of Visa stamping?


    1. administrator

      1. It is not required to be employed at the time of H-1 filing
      2. You need to be qualified for the offered H-1 position based on your current and past experience and education

      1. Renjith

        Thank you Saurabh,

        I have 5+ yr of exp. in Java Development. I already gave my resignation from my current company,my last working day will be on May 15,planning to search the same in UAE/Oman,because my wife is working there.

        Same time I am planning to file H1-B visa through one of the employer from US.

        1)This change of employment will cause the rejection?
        2)what all are the steps involved in this process?


        1. administrator

          1. No
          2. The H-1 prospective employer needs to file the petition for you, and once approved you have to go for stamping and can then travel to US to work for the employer.

  41. Ananthi


    My H1B petition was filed on sep 2011 and it got denied in the month of march. Please let me know whether i can apply for fresh visa this year?

        1. administrator

          There is no rule that debars you from applying. Probably your employer has some internal policy to not apply for any other visa for you for another 1 year.

          1. Vijay babu

            Each organisation has a limit to the number of petitions filed each year. In case it goes beyond the limit, they won’t entertain any further petitions.

    1. administrator

      It will effect those going for B-1 visa through such consulting companies as that was the heart of the issue. But I don’t think it will impact H-1 transfers.

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