Legal Question in Immigration Law in India

Visa refused

Hi,

My brother got H1B petition approved and went to US consulate Chennai, India for visa. They seem to find that the petition position offered for Civil Engineer. As we actually applied for Programmer Analyst. Lawyer must have done mistake in the LC. Which no one noticed until my brother was being notified in consulate. Consulate people said, since this was offered for civil engineer, we cannot issue visa at this point. They took all of his documents and said, we will informing the INS. Further your company will be informed.

Can anyone help me what would be next step to reutilize this petition and how to approach to get this corrected. Visa is not obviously rejected. It has been refused at this point. So, there must be a way correct this.

Please help��.


Asked on 10/21/05, 4:01 pm

3 Answers from Attorneys
Carol Saliba Attorney at Law

Re: Visa refused

Do you mean that the consulate refused to issue the H-1B visa because the Labor Condition Application was for civil engineer while the position offered is for programmer/analyst? If so, then as new labor condition application should be filed for the appropriate position.

Carol Saliba

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Answered on 10/21/05, 7:10 pm
TC Langford Langford Law Office

Re: Visa refused

You may be able to salvage this situation. If you/attorney approached the matter as typo, and the same/similar conditions exist for both occupations, you may be able to streamline the process. This matters when reviewing the USCIS forms, and the advertising documentation. If all of the documentation clearly spells out the correct job, and only the coding is wrong, the USCIS may back down on requiring a reapplication. TCL

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Answered on 10/21/05, 10:41 pm
Neena Bohra Law Offices of Neena Bohra

Re: Visa refused

If the error was an attorney error, then a fee may have to be paid depending on the type of error. If the error was a USCIS error and the majority of the paperwork has the correct job title, description and LCA, it may be able to be rectified without a fee. I have done this in the past and received a new approval within 10 days.

The paperwork would have to be reviewed before a proper opinion on this particular situation can be made. Good luck!

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Answered on 10/24/05, 4:26 pm


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