Getting higher education and/or work in America is and has been on the wishlists of many. With all the dedication and skills, many manage to land up the program or job too. Maintaining the STATUS (visa-wise) along with work proficiency is a juggle there and one must go through this.

Checking the eligibility criteria, the employer files H1B visa for you, and you are on cloud9 dreaming about 3+ yrs. stay, eligibility for Green Card, etc.

With all those efforts, qualifications, experience, aspirations, dreams, etc., your H1B is literally at the fate of the Lottery!!!

If your H1B is not picked, it’s not picked. There is pretty much nothing that you can do, apart from waiting for next year or if lucky enough, the second round of the Lottery. After getting picked, the employer files the petition and gets documentation done, and again begins the period of waiting for approval of H1B.

One may face rejection after petition too due to either of the following reasons-
  • If you fail to match Educational Qualification needed for the job.
  • If the reason of H1B is special skills in a specific field and you fail to prove your specialization.
  • If the sponsor employer is not a registered US working company.
  • If the employer fails to prove its willingness to provide the essential beneficiary to the employee till the authorized period of the job offer.
  • If you fail to prove that your presence won’t harm others.
  • If you have ever violated the immigration law or found with any forge immigration documents in past.
  • If your employer fails to respond within the time.
  • If you/employer fails to pay filing fees.
Rejection of H1B is sad, but one has many options available despite the rejection.
  • Appeal
    After receiving a rejection, one may appeal the decision. The fact to bear in mind is, it takes 6 months for AAO (Administrative Appeal Office) to reopen the case and by the far success rate of getting H1B approved has been 6%.
  • Maintain F1 student Visa Status
    You may choose other degrees/master’s or for that matter double master’s program to maintain your F1 student visa status as there is no limit on an extension of an F1 student visa. Along with an F1 educational visa, the student gets job cum training options like OPT, CPT, Day 1 CPT, etc.
  • STEM OPT Extension
    If your course falls under STEM (Science, Technology, Engineering, Mathematics), you can extend your OPT job program for the next 24 months.
  • L1 Visa
    If you are an employee of a company that has office in your country and one in USA too, company can offer intra-company transfer and L1 visa.CPT, OPT, STEM OPT, whatever path you choose, you need a job.

    To sum it up, you need find an employer that can help you maintain your lifestyle and your Visa status.

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Published On: June 4th, 2021 / Categories: Technology /

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