If H1b Visa Denial Happens When You Are Not In The US Or Never Been To US

UT Evaluators

If you are outside of the U.S. when your petition was denied, a couple of options are available.

First option is that your employer can file a second I-129 petition on your behalf. This strategy will work best if the employer can easily address the flaw USCIS found in the original petition and able to produce a strong petition to overcome the previous denied petition.

Let’s say you have a U.S. bachelor’s degree, but your employer forgot to provide a copy of your degree in the I-129 petition. USCIS thus denies the petition. Your employer then could file a new I-129 on your behalf and must include a copy of your degree. For H1B Visa Process Visit UT Evaluators

Note that filing a new I-129 petition is not always a feasible solution. For example, there is an quota for how many H-1B visa petitions U.S.C.I.S can approve. If the limit is reached after U.S.C.I.S denies your petition then filing another petition on your behalf by the employer will not be possible until the following year.

OPT for F-1 visa and Apply for a Student Visa

If filing another I-129 petition is not an option, you may be able to come in a non immigrant visa category such as F-1 visa. F-1 is a student visa for studying in USA and you can also work for a year under OPT is you are on F-1 visa. For more info on H1B Visa  visit Primovox

There is no quota limit for international students, but different documents and qualifications are required to apply for student visas. Therefore, it is highly recommended that you should consult an experienced immigration attorney if you want to come to the U.S.

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