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US visa rejected? Here's what you can do
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November 30, 2006

Some of you who are planning to go to the US for study, work or pleasure, are wondering what you need to do in order to get that all-important US visa.

There has been good news -- you no longer have to pay an issuance fee for the visa. Also, you don't need to wait longer than a week for your visa appointment. There may be case specific queries you need answers to like, 'Can I work on H4 visa?',  'Can I convert L1B visa to H1B?' and so on.

Peter G Kaestner, Minister Counselor for Consular Affairs and US Consul General, New Delhi, answered these and other visa related queries during a chat on November 29.

For those of you who missed the chat, here's the transcript.

Peter Kaestner says, Hi, there! I am delighted to be chatting with you all today. I hope that I can answer some of your questions. If you do not get a direct answer, I hope that you can find further information at the Embassy's website. Let's get started!


Peter Kaestner answers, The best place to get all this information is our website. You will need a passport, application forms, photograph, fees, and your I-20 form. The processing of student visas normally takes only one day and visa appointments are always made available for student applicants.

neha asked, I have been issued a H4 visa. Can i work on the visa? if not, then if i wish to work what is the process to obtain a work visa

Peter Kaestner answers, Sorry, but you cannot work on an H-4 Visa. You can go through the normal process for obtaining an H-1 or other work visa. It is important, however, that you not violate your status by working before your paperwork is done.

Chakravarthy asked, Hi, I am an F1 student from USA. I came to India for Visa renewal and i attended the interview in Chennai about 9 weeks back. My application was kept under pending process and my Visa renewal is delayed due to background check. I have been contacting the embassy guys and they say that the application is still pending. I have enrolled for the classes in my university and the fall semester is about to end. My visa is still pending. If this continues for another 1 more month, i will be out of funding. Can somebody suggest me to get out of this situation.

Peter Kaestner answers, If your case has been in 'administrative processing' for more than two months, you can send an email to and they will look into it. Normally administrative processing takes about four weeks, so if it has been longer than two months, there must be something amiss.

vicky asked, My tourist visa was rejectied 8 months ago. I need to reapply again. What are the chances that i will get a visa.

Peter Kaestner answers, While we do not limit people from reapplying after they have been refused under Section 214(b), there is a general assumption that the Officer's decision is a correct one. In order for a different decision, one of two things has to happen: one -- if you have information that was not discussed during the initial interview and shows that you are actually eligible for a visa, then the Officer can make a decision based on the new information. Two -- if your personal situation has changed significantly since the previous interview, then a different outcome is possible. It seems to me that eight months is a short period of time for your personal circumstances to have changed significantly.

NonImmigrant asked, I got a B1/B2 visa recently, when I applied for business visa. Can I use this as a tourist? There is no annotation on my US visa

Peter Kaestner answers, Hi, NonImmigrant! I like the name. Yes, B1/ B2 are for both business and tourism. Have a great trip!

akaul asked, Could u just give the approx. limit for H1B Visas granted in a calendar year.

Peter Kaestner answers, In our fiscal year 2006, we issued 43,167 H1B visas in India. That was an increase of about 10 per cent over the previous year. India takes the most H1B visas vis-a-vis any country in the world.

shekhar asked, Hi Peter, Can I convert L1B visa in H1B while i'm in US? if yes, how much time it will take ?

Peter Kaestner answers, Since L's and H's are both working visas, it is possible to change status from one to the other. The key is getting an approved H1B petition. That is normally done by the employer in the US. The time it takes depends on whether the company requests expedited processing from the Department of Homeland Security (DHS).

Harshit asked, After validity of F1 visa, if i want to apply for H1B visa..then will i need to apply in US or I'll hv to come back india and then apply??

Peter Kaestner answers, Like the last case, it is possible to change status from F1 to H1B. Once you have the paperwork for the change, you can remain in the United States, but if you leave, then you would need to get a new H1B visa in order to re-enter.

mayurkoppal asked, Hello sir,before marriage can we both of us can apply for visa if we r planning to go for honeymoon i:e we r about to marry

Peter Kaestner answers, You can apply at any time. However, I would strongly recommend that you both come in for your interview together. For any tourist visa application, you need to overcome section 214(b) of the Immigration Law by showing that you have strong personal, professional, or other ties to your home country. Good luck in your marriage!


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Number of User Comments: 12

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