Hello I am Madhu, I am Indian. I came to the USA on F-1 Student Visa, 2015, I Completed My Master's Degree on time. Later, I Joined in MBA Program, but I got Terminated in the 1st Semester itself from MBA University in Texas, USA because of NOT Attend the Final Presentation, I Appeal the Texas University Decision & Applied for REINSTATEMENT, but My Case is DENIED by USCIS. I return back to INDIA with my Family within the Period of Notice Time in Jan 2021. My question is: Now, Do I have the Option to Apply for H1B Visa from INDIA to go to the USA on an H1B Visa.? I Never Applied for H1B Visa, when I am in the USA. Am I Eligible to Apply for H1B from INDIA? My Doubt: I Seen on the Web, that Reinstatement Denied Candidates are NOT Eligible to apply to the USA as NON-IMMIGRANT Visa. Is this Information Right or Wrong? Please respond back when you have time. Thanks & Regards Madhu P
You webt to the US on a study visa and couldn't complete your studies and came back to India.
Now you want to go to the US on a H1B visa which is different from the previous visa.
You can very well apply for it as there was nothing wrong in your conduct. It was only that you didn't attend the final presentation.
You should apply for the visa. The uscis considers every application on a case to case basis.
you can apply for visa from india
Thanks for your Reply Rahul ji. Reinstatement Denied Students comes under NON-IMMIGRANT Visa. Still, can I Apply for H1B Visa from INDIA to the USA? H1B visa is also a NON-IMMIGRANT Visa. What do you suggest?
Both are non immigrant visa is true. But both are different sub categories under the non immigrant visa
- The person who holds a US bachelor degree or Higher degree is eligible to get H-1B visa .
- Since, you have Completed the Master's Degree from there , then you can apply for this visa from India.
You can apply for visa from India to USA
H1B Visa Eligibility Criteria
To obtain the H1-B Visa, you must: Have 12 years of work experience. It can also be a mix of further education and work experience. Applicant must hold a bachelor's degree or its equivalent.
After graduating from an undergraduate or graduate program, many international students on F1 visa hope to adjust their status from F1 to H1B visa status.
H1-B Visa is a nonimmigrant Visa which is designed to allow U.S. employers to employ foreign nationals in specialty occupations in the United States of America for a specified period. People from outside U.S. who are looking for employment need to have a H1-B Visa under the Immigration and Nationality Act.
After being found ineligible for a visa, you may reapply in the future. If you reapply for a visa after being found ineligible, with the exception of 221(g) refusals, you must submit a new visa application and pay the visa application fee again.
A visa denial under section 221(g) of the INA means that the consular officer did not have all of the information required to determine if you are eligible to receive a visa. This means you are not eligible for the visa now, but your case is pending further action.
U.S. law generally requires visa applicants to be interviewed by a consular officer at a U.S. Embassy or Consulate. After relevant information is reviewed, the application is approved or denied, based on standards established in U.S. law.
If your application was denied because documentation or information is missing, you can provide the missing documents or information as soon as possible. After submitting the documentation, your visa application can then be processed to conclusion to determine whether you qualify for a visa. You have one year from the date you were refused a visa to submit the additional information. Otherwise, if you do not provide the required additional information within one year, you must reapply for the visa and pay another application fee.\
What does a visa denial under INA section 214(b) mean?
This law applies only to nonimmigrant visa categories. If you are refused a visa under section 214(b), it means that you:
A refusal, or ineligibility, under section 214(b) is for that specific application, so once a case is closed, the consular section cannot take any further action. There is no appeal process. If you feel there is additional information that should be considered related to the visa decision, or there are significant changes in your circumstances since your last application, you may reapply for a visa. To reapply, you must complete a new application form, pay the application fee, and schedule an appointment for a new interview.
While the vast majority of visa applications are approved, U.S. law sets out many standards under which a visa application may be denied. An application may be denied because the consular officer does not have all of the information required to determine if the applicant is eligible to receive a visa, because the applicant does not qualify for the visa category for which he or she applied, or because the information reviewed indicates the applicant falls within the scope of one of the inadmissibility or ineligibility grounds of the law. An applicant’s current and/or past actions, such as drug or criminal activities, as examples, may make the applicant ineligible for a visa.
If denied a visa, in most cases the applicant is notified of the section of law which applies. Visa applicants are also advised by the consular officer if they may apply for a waiver of their ineligibility. Several of the most common reasons for visa ineligibilities are explained below. For more information, review the visa ineligibilities in the Immigration and Nationality Act (INA).
Yes you are eligible for the same.
Dear Sir,
It's a visa that makes you eligible to be employed in the United States. So, short answer: No, you can not. H1B visa can only be applied through your employer
