Can I reapply after my H1B visa got denied?

Employment Law Forum
1

Hey everyone, my H1B visa was denied by the consulate, and I was given a 214(b) letter. I’m confused because I thought H1B visas allowed dual intent. I showed the approved petition, but they questioned my 8-month stay in the US as a tourist (which had an approved extension from USCIS). Can I reapply or do I need to appeal? Anyone gone through this?

2

That’s tough. I think you’ll need to file an appeal with an I-290B form. Reapplying directly might not work without explaining the 8-month stay.

3

Merrick said:
That’s tough. I think you’ll need to file an appeal with an I-290B form. Reapplying directly might not work without explaining the 8-month stay.

Thanks! I didn’t realize I needed to appeal. Do you know if it’s better to hire a lawyer for this?

4

@Sky
Yeah, it’s definitely better to use an immigration lawyer for these things. They can help make sure everything’s done right.

5

Did you show proof of the tourist extension? If USCIS approved it, that should help your appeal.

6

Connor said:
Did you show proof of the tourist extension? If USCIS approved it, that should help your appeal.

Yes, I have the original extension approval. I’ll make sure to include that.

7

@Sky
Awesome! That should definitely support your case. Good luck with the appeal!

8

I’ve heard that an appeal is your best option. Reapplying right away might not change the outcome, but with an appeal, you can explain everything more clearly.

9

Make sure to include every bit of proof you have about your approved stay. It’s annoying that they questioned it when you had USCIS approval.

10

Kingsley said:
Make sure to include every bit of proof you have about your approved stay. It’s annoying that they questioned it when you had USCIS approval.

It really is! I’ll definitely make sure all the paperwork is in order before filing the appeal.

11

Hope your appeal goes well! It’s frustrating when stuff like this happens, but sounds like you’ve got the right documents to back you up.

12

Aris said:
Hope your appeal goes well! It’s frustrating when stuff like this happens, but sounds like you’ve got the right documents to back you up.

Thanks! I appreciate the support. :crossed_fingers: