Hi one of my friends visa has rejected he is in trouble ?

Question

My friend go in to trouble by applying for B1 while holding a

valid H1.

His consultant in US had fielded H1 petition for 2006 quota and he got

H1 in January 2007. He was planning to travel to US in July this

year. Same time his current employer asked him to file a B1 and went

to Chennai to get his B1. The VO (verification officer) cancelled his H1 without asking him

and told him that his B1 is issued. But when he asked about his H1 visa

cancellation she got bit irritated and told that she is not going to

issue him B1 also....

Now my doubt is:

Can he again try for H1 using my existing petition? It was

approved in October 2006. Is it okay to go for him for H1 interview with

the same petition? If it's possible is there any time line before

which he have to go for the H1 interview? Your advice on this will be a great help.

Answer 1

Since all your Visa applications have been rejected/canceled you will have to refile and start the process all over again. This time figure out which VISA you want to apply for and go for that one. You are nnot allowed to apply for more then one VISA at a time.

Answer 2

It is not true that a person can hold only one US visa at a time.  In fact, you can have several different types of visas at the same time, for different purposes; you just can't have two of the same type.  So under certain circumstances it is perfectly okay for your friend to have an H1 for employment starting in July and a B1 for business visits before then.

If the consular officer (there is no such thing as a 'verification officer') cancelled your friend's new H1 visa, but he is still entitled to it, he should go back and insist that it be re-issued.  This should be done at no charge, since it was the officer's error.

Answer 3

your friend did complicate things they way she handles the situations and by doing this dilly-dallying tactics(sorry for the terms used) but most consular officers really always gets suspicious with some people complicating things that to them seems to be so simple and uncomplicated so if i am your friend i will just not expect too much and be ready for some rejections of my visa applications, or get a lawyer who can uncomplicate things and be ready to spend some money on it. this is the way america works, there are rules and regulations prescribed and should be followed and must be followed to the letter and no ifs and buts about it and its that simple..some people wants to complicate and bend the rules and it just does'nt work!! the good thing is that as strict as it is still people of all races in the whole wide world still wants to come and live in this great, beautiful country of ours.

Answer 4

Find a reputable immigration lawyer and pay them to handle this.