mollymalone

I want to know whether anyone has been rejected the H1B visa? What reasons are there for a rejection?

I have a job offer from the States, and they want to sponsor me, and are willing to wait until the next H1B visa run, ie. October 2007 start, since we've been told that this year's quota has been reached and that the earliest we can apply is April 2007. So I am assuming that the earliest my employer can file a petition is 1 April 2007. The company has hired someone through this visa before, so I think they know what they are doing. However, I want to take a couple months off before I start work in the States (if approved), but don't want to quit and leave the UK and find out that we've been rejected!

How long does it usually take for an approval to come back after you file?

JulianB

Rejections happen. Usually it's because USCIS believes that either you or the job is not bona-fide. Approval time depends upon whether premium proessing is used.

Cape Blue

Make sure they apply for the expedited or premium processing - worth every penny, takes 2-4 weeks for them to approve the Petition, then you go for your interview at the Embassy and a week later you have you H1B. You can pre-book your interview at the embassy to coincide with when you expect the petition to be approved, otherwise there can be a wait for the interview.

refusals - have you got a criminal record or been kicked out of the US before? Is the employer offering a salary commensurate with the market, do you have the quals & experience (that INS think you need).

mollymalone

Premium processing it is, then!

No criminal record, never been kicked out of the US.
I believe salary is the going rate in the US market, and I hold a BSc (Hons) in Quantity Surveying with 8 years continuous experience as a Senior QS. The job title in the US will be Estimator, since that's what they usually call it in the US construction industry.

Do you think I have a good chance?

JulianB

Engineers and Architects count as specialty occupations for H-1B purposes, so Estimator?....more than likely I would have thought. Salary has to be "going rate" as you put it. Yes, a good chance of H-1B approval.
However....should you wish to stay in the US beyond the 6 years H-1B gives you, the requirements are FAR more stringent for permanent residence based
upon emloyer sponsorship. Not least, your job has to be advertised, and should a qualified US worker show up for interview....cya.

Nevyn

Hi

"Cape Blue" <member49435@british_expats.com> wrote in message
news:[email protected] m...
    >> How long does it usually take for an approval to come back after
    >> you file?

Expidited processing should come back in 14 days or so (at best).
Normal processing depends on how many applications they have to process.
For the year just gone, applications submitted 2 April 2006 were getting
accptance letters in June.

This assumes you have a straightforward case, with no complications.


    > ... takes 2-4 weeks for them to approve the Petition,
    > then you go for your interview at the Embassy...

Once you recieve the acceptance letter, you phone for to book an interview
with your country's US Embassey. Last year, the US Embassey in London had a
34 day wait (between booking and attending).

Also, The Embassey may have some restriction on how far ahead they will
issue the visa. For example, if the visa becomes valid on Oct 1, they may
not issue the via before 1 Aug.

At the Embassy interview, they take away your passport. If all goes well,
you get your passport back 7 - 10 days later. If doesn't go well, it could
be months!


Regards
Nevyn

Albuali

You're assuming that he's applying from out of the US, right? But what
if he applies from the US? Does he still need to leave the US for an
interview in US embassy somewhere?


Nevyn wrote:
    > Hi
    > "Cape Blue" <member49435@british_expats.com> wrote in message
    > news:[email protected] m...
    > >
    > >> How long does it usually take for an approval to come back after
    > >> you file?
    > Expidited processing should come back in 14 days or so (at best).
    > Normal processing depends on how many applications they have to process.
    > For the year just gone, applications submitted 2 April 2006 were getting
    > accptance letters in June.
    > This assumes you have a straightforward case, with no complications.
    > > ... takes 2-4 weeks for them to approve the Petition,
    > > then you go for your interview at the Embassy...
    > Once you recieve the acceptance letter, you phone for to book an interview
    > with your country's US Embassey. Last year, the US Embassey in London had a
    > 34 day wait (between booking and attending).
    > Also, The Embassey may have some restriction on how far ahead they will
    > issue the visa. For example, if the visa becomes valid on Oct 1, they may
    > not issue the via before 1 Aug.
    > At the Embassy interview, they take away your passport. If all goes well,
    > you get your passport back 7 - 10 days later. If doesn't go well, it could
    > be months!
    >
    >
    > Regards
    > Nevyn

Nevyn

"albuali" <[email protected]> wrote in message
news:[email protected] oups.com...
    > You're assuming that he's applying from out of the US, right?

No. I am not.

My first paragraph concerns Petition Processing time (for a H1-B visa),
which does not depend on what country you are in.

My second paragraph is in responce to a different poster, whose comment may
(I stress may) be interpreted to mean that you could go to an Embassey
immediately after recieving the petition apprival notice, and immediately
get a visa stamp. It's this different poster who brought up the subject of
Embasseys. Since the USA does not have an Embassey within the USA itself,
it's this different poster who is assuming the OP is applying from outside
of the USA. I am mearly adding clarity to his statement.

Regards
Nevyn
---
Don't believe everything you read on the Internet. Including this.


- - -

"albuali" <[email protected]> wrote in message
news:[email protected] oups.com...
    > You're assuming that he's applying from out of the US, right? But what
    > if he applies from the US? Does he still need to leave the US for an
    > interview in US embassy somewhere?
    > Nevyn wrote:
    >> Hi
    >> "Cape Blue" <member49435@british_expats.com> wrote in message
    >> news:[email protected] m...
    >> >
    >> >> How long does it usually take for an approval to come back after
    >> >> you file?
    >> Expidited processing should come back in 14 days or so (at best).
    >> Normal processing depends on how many applications they have to process.
    >> For the year just gone, applications submitted 2 April 2006 were getting
    >> accptance letters in June.
    >> This assumes you have a straightforward case, with no complications.
    >> > ... takes 2-4 weeks for them to approve the Petition,
    >> > then you go for your interview at the Embassy...
    >> Once you recieve the acceptance letter, you phone for to book an
    >> interview
    >> with your country's US Embassey. Last year, the US Embassey in London
    >> had a
    >> 34 day wait (between booking and attending).
    >> Also, The Embassey may have some restriction on how far ahead they will
    >> issue the visa. For example, if the visa becomes valid on Oct 1, they
    >> may
    >> not issue the via before 1 Aug.
    >> At the Embassy interview, they take away your passport. If all goes
    >> well,
    >> you get your passport back 7 - 10 days later. If doesn't go well, it
    >> could
    >> be months!
    >> Regards
    >> Nevyn
    >

Nguhh

Nevyn wrote:
    > "albuali" <[email protected]> wrote in message
    > news:[email protected] oups.com...
    > > You're assuming that he's applying from out of the US, right?
if the applicant is not currently in USA, he/she must Apply for a visa
to enter USA. In this case, the applicant is seeking H1-B status
petition by the employer and applying for H1 Visa outside USA. It only
makes sense to assume that the applicant MUST apply the H1 visa outside
USA

And your question is really moot point unless I m missing something
here.