Legal Question in Immigration Law in District of Columbia
h1b got rejected
hi
my brother was on his 2nd yr of h1....
got his h1b last year based on his masters degree in US...
now when he went for stamping,his h1 got rejected by US consulate after 221g... saying, his employer is not capable of paying him.....
is it possible to fight the case.how long will it take?can he come back to US while this case is pending..
1 Answer from Attorneys
Re: h1b got rejected
Depending upon the situation, it may be possible to go through the Department of State to work on a review of the denial. Typically this is only successful in cases of clear error, and it can still take quite a long time - months. If he has a visitor visa or is visa waiver eligible he can return as a visitor, but would not be able to work during that time.
If you have further questions please contact my office. Thanks.