[anusundur]

Hi,

One of my friends, was on OPT in USA, later applied for H1B, after receiving Yellow 221g, he has being denied from H1B stamping. Now is there any alternate way to go back to USA? If so, will the consulate check for her previous status, if she want to apply for Business Visa?

[NYcityboy]

INA section 221(g) is the general denial for lack of documentation and or not qualifying for the visa classification.

Check on the denial notice to see what was deficient about the visa application and then consult with an experienced immigration attorney that does consular work. Should be able to re-apply for the visa, please note, not many immigration attorneys have consular experience. Check with AILA?

[anusundur]

INA section 221(g) is the general denial for lack of documentation and or not qualifying for the visa classification.

check on the denial notice to see what was deficient about the visa application and then consult with an experienced immigration attorney that does consular work. should be able to re-apply for the visa, please note, not many immigration attorneys have consular experience. check with AILA?

Thank you so much for your early response.

Well, the Yellow 221g was a request for additional documents from employer or petitioner, and she submitted and after 6 weeks, she received a letter from Consulate and her Passport stating that her Visa is denied.

Other than filing an appeal in USA with USCIS, is there any alternate way to get into USA, with Business Visa, if so, should she wait for few more days to take up an interview for Business Visa? Will the Consulate again review her previous denial of H1B Visa?

[NYcityboy]

Thank you so much for your early response.

Well, the Yellow 221g was a request for additional documents from employer or petitioner, and she submitted and after 6 weeks, she received a letter from Consulate and her Passport stating that her Visa is denied.

Other than filing an appeal in USA with USCIS, is there any alternate way to get into USA, with Business Visa, if so, should she wait for few more days to take up an interview for Business Visa? Will the Consulate again review her previous denial of H1B Visa?

If you or the company attorney replied timely to the RFE, you should have a detailed response. The reason for the denial is usually checked on the form letter. You cannot file an appeal in the US, with the USCIS for a denial of a visa.

Before you file for a "business visa", I'm assuming a B-1 business visitor visa? You should completely review the H-1B denial, as this application will affect the B-1 issuance. Please note, the B-1 is not a dual-intent visa and the previous H-1B filing and visa denial will negatively impact the B-1 issuance. Good luck.