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US work visa denial story and some FAQs

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US work visa denial story and some FAQs  [#permalink]

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New post Updated on: 07 Jan 2019, 19:51
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At the outset, let me clarify, the intent of sharing this story on GMATclub is not to deter b-school applicants from applying to US universities, rather provide them with a ground-level view of the US work visa rejection and related challenges. Work Visa rejection is not an MBA specific thing, but since visa rejections have started happening more and more frequently, hence posting it here.

My story in brief:

In 2014, My wife's work visa extension was denied , BTW she is not an MBA. By then, My wife and I had already worked in the US for some years. Even while filing for her extension there was an apprehension that it may be rejected, as the rejection had started to happen. Three months after filing the extension, the RFE(Request for evidence) came up. We replied to the RFE but one day the dreaded thing happened; the company's attorney forwarded the rejection letter.

Below are some related FAQs

Q. Do you have a fixed date for receiving the H1B approval/Rejection status?
Ans. No. The Approval/Rejection status can be updated any day and time. In our case, the rejection decision came out a couple of days before my wife's birthday and we had made some plans for her birthday (no points for guessing how the birthday celebration went post visa denial).

Q. Post visa rejection, How much time did my wife had for leaving the country?
Ans. Legally, Zero. She was already overdue her last date for a legal stay, as her extension was filed one month before her visa was supposed to expire. It is perfectly legal to stay and work while the extension petition is under processing. she left 1 week later as that much time is needed to wrap things up. Thankfully she had her job as her company already had a center in India.

If you are on OPT and H1B RFE is denied before approval then you need to check with an immigration attorney for the legal stay duration.

Q. What happens to the rental house lease, furniture, and car etc.
Ans. In most cases, the leases have to be pre-closed which calls for a monetary penalty (1-2 month rental). The furniture and car have to be sold at dirt cheap prices since you won't be able to take it with you. I have seen people taking a loss of $5k-10k because of such an untoward situation. In my case, I stayed back for 3 months (My work visa was still valid) and sold everything, though it wasn't an easy thing to do.

Q. Do the chances of getting through the H1B lottery system improves if you do your MBA from a top US b school such as HBS/Stanford/Kellogg/Wharton?
Ans. No. The initial H1B lottery process doesn't take into consideration your b-school. Your whole file has an application number attached to it and apart from the application number, nothing else enters the lottery. People who have done Masters from US have a separate lottery initially and if you don't make it through it ,you will be put in the normal lottery. It does increase your chances of selection by 16% as compared to those who go through a normal lottery.

Here is an article from the Stanford alumni on his first-time visa rejection :
https://gmatclub.com/forum/stanford-mba ... 54185.html

But with a top B-school MBA, the effort of finding a job outside the US is lowered. There are people in India who have come back post-Stanford/Cornell MBA and have been offered some great roles with competitive salaries. But overall, some effort still has to be put in for finding a job in your home country.

Q. Should you not apply to US schools after reading such H1-B rejection stories.
Ans. No. I don't think it should deter someone from applying to US B schools. The only thing to be kept in mind is that you need to have a plan B, in case things go south. Honestly, Some people go through this Visa Hoopla-hoop easily, some don't. There is no thumb rule to this whole H1-B situation.


Q. What is asked in RFE Or Request for evidence?
Ans. RFE asks for various set of documents, depending on the application. In our case, we were asked to justify how did the position justified as the one involving "specialized knowledge". I am attaching one actual set of questions, to make it more real. This is just one of the many questions asked in the RFE.

My personal advice, Plan for the worst and hope for the best :)

Good luck.
Attachments

USCIS_RFE_question.JPG
USCIS_RFE_question.JPG [ 184.93 KiB | Viewed 149 times ]


Originally posted by VPGMAT on 01 Jan 2019, 00:56.
Last edited by VPGMAT on 07 Jan 2019, 19:51, edited 1 time in total.
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Re: US work visa denial story and some FAQs  [#permalink]

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New post 01 Jan 2019, 01:07
I think that having a plan B. Wouldn't you both consider Europe as a plan B if you're not interesting to return to India from the beginning of her visa process?

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Re: US work visa denial story and some FAQs  [#permalink]

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New post 01 Jan 2019, 01:23
SamarAli wrote:
I think that having a plan B. Wouldn't you both consider Europe as a plan B if you're not interesting to return to India from the beginning of her visa process?

Sent from my BAC-L21 using GMAT Club Forum mobile app


It's a personal choice. Europe has its own set of challenges.
I have friends/acquaintance who are now settled in US/UK/Canada/Australia/Middle East/Europe and each of them speaks about different set of challenges.

Actually every country outside your home country has its own set of challenges, irrespective of the ease of visa/PR.
It's up to you to decide if those challenges are worth facing or not.

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Re: US work visa denial story and some FAQs  [#permalink]

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New post 01 Jan 2019, 02:33
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US work visa denial story and some FAQs  [#permalink]

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New post 08 Jan 2019, 02:23
Hi VPGMAT

I'm sorry to hear that. Life is full of surprises and tough :(

Thanks for sharing your story. I totally agree with you about your advice and no guarantee for anything. Every place has woes and problems. And it depends on to which extent the individual can bear.

Where did you get your MBA degree from? I see only European schools. Have you got it from there and transferred to the US?

Hi SamarAli

Plan B is not an easy choice too. It needs a lot of consideration. If you take a loan, would you able to finance it if you return to your home country with currency conversion. Would you be valued with your degree. If you choose to go to Europe, You need to know your skill set that matches the country. I have example of Malaysian friend who graduated from the Netherlands but could not find a job for a year as he was a financier and many coprs rejected him for different reasons like extra language, accounting systems...etc. Also, how long could you afford the cost until you find a job in the new country.
I do not mean to disappoint you but I try to give you many factors that you must consider.

Good luck
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Re: US work visa denial story and some FAQs  [#permalink]

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New post 08 Jan 2019, 03:00
Mo2men Thank you for your detailed response, I know that there are other consideration to look after as plan B which I didn't think of when I wrote my first reply.

Will be looking for them when I do my master/MBA.
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Re: US work visa denial story and some FAQs  [#permalink]

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New post 08 Jan 2019, 03:06
SamarAli wrote:
Mo2men Thank you for your detailed response, I know that there are other consideration to look after as plan B which I didn't think of when I wrote my first reply.

Will be looking for them when I do my master/MBA.


You are welcome any time.

Wish you all the best
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Re: US work visa denial story and some FAQs  [#permalink]

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New post 08 Jan 2019, 03:17
Mo2men wrote:
Hi VPGMAT

I'm sorry to hear that. Life is full of surprises and tough :(

Thanks for sharing your story. I totally agree with you about your advice and no guarantee for anything. Every place has woes and problems. And it depends on to which extent the individual can bear.

Where did you get your MBA degree from? I see only European schools. Have you got it from there and transferred to the US?

Hi SamarAli

Plan B is not an easy choice too. It needs a lot of consideration. If you take a loan, would you able to finance it if you return to your home country with currency conversion. Would you be valued with your degree. If you choose to go to Europe, You need to know your skill set that matches the country. I have example of Malaysian friend who graduated from the Netherlands but could not find a job for a year as he was a financier and many coprs rejected him for different reasons like extra language, accounting systems...etc. Also, how long could you afford the cost until you find a job in the new country.
I do not mean to disappoint you but I try to give you many factors that you must consider.

Good luck


I went to US without an MBA; I have a background in Tech and got an opportunity to work in the US.

For MBA, I will be matriculating this year. One of the reasons I didn't apply to US universities was the first hand experience of the US Visa system. (Once Bitten Twice shy case).
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Re: US work visa denial story and some FAQs &nbs [#permalink] 08 Jan 2019, 03:17
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