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Home  » Get Ahead » H-1B visas: 'If rejected, you cannot appeal'

H-1B visas: 'If rejected, you cannot appeal'

July 20, 2007 10:34 IST
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The H-1B is one of the most desirable visas in the world. It allows you to work lucrative jobs in the United States and puts you on track to earn a Green Card, and eventually, US citizenship.

But H-1B visa shortages are keeping many qualified workers from completing the process. Every year, the number of applicants increases but the quota stays the same.

Dr Arun Vakil, US visa expert, chatted on July 12 with Get Ahead readers about the this situation. He provided tips and resources for securing an H-1B visa, and also discussed potential changes to the quota.

For those of you who missed the chat, here's the transcript:

Part I: 'The quota of H-1B visas may increase next


Silva asked, I am working for a company in Arizona. They've outsourced many jobs to India and want me aslo go. but my family is here and I do not want to leave. I have found a new company to hire me in same position, wat to do?

Dr Arun Vakil answers, 
Company B has to file a new H1 for you. Once you get 'Approval Notice', only then should you resign from company A and start working with B.


Vladimir asked, I know it's impossible to get a visa for this year, but whoat abotu next year? How is my approval evaluated? Do education and experience matter when evaulating?

Dr Arun Vakil answers, 1. Quota reopens Oct 1, 2008 and you can apply thru employers effective Apr 1, 2008 2. Approval is based on your competence to the job described in I-129 form 3. Education and experience both count.


Jamal asked, Sir, I don't have any Idea How to get working visa and from where

Dr Arun Vakil answers, 
Read my book called GATEWAY TO AMERICA, available at all major bookstores in India. It gives complete details for all visas.


Azeem asked, I had job offer but now office tells me that my case is pending. what does htis mean? how long will it take?

Dr Arun Vakil answers, 
Cannot say. Pending is a bad situation where the case goes for verification and checking of employers and employees. There are many in line for this. You should also try a new employer to save time.


siva asked, I am a software engineer from haryana. how can i move to the US for IT?

Dr Arun Vakil answers, 
You have to get an employer first who files for you from the US ,and if approved, then you file from Delhi.


babaji asked, I am having a consult who guarantees job. It has been ten months and no luck. he says my resume is not fitting for jobs in the US. what to  do?

Dr Arun Vakil answers, 
Cannot say. What kind of consultant do you have? Many charge big fees and are not genuine. Best luck.


aret asked, Hi, is there any fee for cancellation of H1 also?

Dr Arun Vakil answers, 
No.


assami asked, Dear Arun is there any opening for the sales in IT industry there basically in software sales.

Dr Arun Vakil answers, 
Not much.


Plese asked, I have been waiting for 12 months for reply from company who promised to hire. I have passed up good chances becuz of this. what is this?

Dr Arun Vakil answers, 
Forget it. Try for a new employer.


madeline asked, I am a researcher in biochemistry. is there a opening in the US for this job?

Dr Arun Vakil answers, 
Get an employer in your field who can sponsor you. Only then it is possible


gandhi asked, Hi Vakil, I have an approved H1b for this year and i am supposed to go for stamping in october. I Have around 7 years experience in SAP and working with a big MNC in india. last year i went for H1B stamping and i didnot get the visa as the officer had said the company which has filled my H1B is very small company. this time i have h1b papers from a much better company. do i have any chance of getting visa this time. My masters degree is in Hospital Administration. But i have 7 years of sap experience in big MNCS.

Dr Arun Vakil answers, 
Company with better reputation definitely offers a better chance .


Prehtam asked, I want to work in America. I am finding career growth not possible in dubai. How can I work there? 

Dr Arun Vakil answers, 
If you get an employer interested in you, have them file for an H-1B visa.


Salman asked,  I am interested in teaching in America. Is this consider a 'specialised' job? Can I get H1B for this?

Dr Arun Vakil answers, 
Teachers in primary schools are in demand in the US if you teach Science, Maths and Special Education. Register yourself in www.nostops.org and also undertake internet search.


Anonymous asked, Hi is tht we can apply for work viza in usa only after Getting job ?

Dr Arun Vakil answers, 
Yes.


somaskhar asked, do a chemical industry sponsor a h1b visa?

Dr Arun Vakil answers, 
Yes, if they are interested.


Abdul asked, My visa was rejected with no good reasin. Is it because of being muslim?

Dr Arun Vakil answers, 
Religion does not come in the way of US visa decisions. There may be some other reasons.


vasista asked, Hi ,I have applied for H1B in December, but i was give 221(g) for additional documentation then, i have my documents ready now but the HDFC receipt has expired, do i have to take a new DD receipt or the old one would still work ?

Dr Arun Vakil answers, 
Go to VFS office and explain to them. They may reactivate your receipt whenever you are called for interview.


Basharat asked, I have a telecom research background and there are some companies that would like me to apply for their US openings. When should i apply so that my HI B visa is processed.

Dr Arun Vakil answers, 
Apply as soon as you can. Procedures take time and therefore, first come is first served.


Simran asked, I am graduated vanderbilt in the USA. What number of visas are ready for US students from India?

Dr Arun Vakil answers, 
20,000 visas are given to graduating students from US universities. The current quota is over and next one will open only on Oct 1, 2008. Application procedure is the same as other H-1B


Unknown12345 asked, Hi,I have got approval and i have my interview booked in August at Mumbai consulate.I am preganant for 3.5 months.Will it pose any issue for me at the consulate during my H1 visa.

Dr Arun Vakil answers, 
Not really.


SaurabhGarg asked, Hi. I am 25 years old. I am a engineer in networking and security. The scope of network consultants is huge in US. I want to know how can I apply from India to the US companies?

Dr Arun Vakil answers, 
Register yourself with http://www.nostops.org


dpkl asked, So you tring to say ,as my H1b has been Approved ,my Consulatnt should be sending me the required documents right away ?

Dr Arun Vakil answers, 
Prima facie, yes, but I cannot say what arrangements he has explained to you earlier.


munna asked, How is the background and experience evaluated ? Is there a fool proof method ??

Dr Arun Vakil answers, 
Yes, there is a Credential Evaluation Service which is given this task in the US


pumafoams asked, Hello Sir , i have a valid H1 visa from my current employer valid till Mar-09 . I haven't utilised the visa till date . Can i get the visa transferred to the new employer?

Dr Arun Vakil answers, 
Yes.


panjabi asked, I had job offer but visa reply has still not come. how long must i wait? can i appeal a rejection for taking so much of time?

Dr Arun Vakil answers, Noone can tell the time. If rejected, you cannot appeal. Either you refile or look for another employer.


dpkl asked, The Document which i was referring was I797 (Please Correct me if i am wrong)..after only which i can go to the Mumbai Consulate. So what should i be asking my Consultant?

Dr Arun Vakil answers, 
Yes. You should have I-797 and also a new I-94 at the bottom of that form that says validity of your H-1B in order to reenter the US.


aret asked, Can H1 transfer happen in US without Paystubs from current employer

Dr Arun Vakil answers, 
Paystub is an important requirement.


RameshV asked, When the H1B is on Additional Admin process state, can I apply for another H1B?

Dr Arun Vakil answers, 
Yes.


Raja asked, There is a consultant who promises me job if i give him 10% of US salary. i find this too expenseive.

Dr Arun Vakil answers, Rajabhai, find a better consultant who is reasonable.


Dr Arun Vakil says, Seems time is up. In case you have further queries, contact me on arunvakil@gmail.com OR ask@arunvakil4usvisas.com. Wish you all good luck for a bright career in the US


Part I: 'The quota of H-1B visas may increase next year'
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