Part I: When to apply for US work visas -- NOW!

I have been rejected for an F1 visa in 2001 under section 212 (a)(6) (c) 1. Can I apply for H1-B now? Am I be eligible?", a reader pose this query during a recent chat on HI-B or US work visas on March 7.

According to US visa expert Dr Arun Vakil:  

'This is a tough situation. This shows that there was some malpractice, fradulent documents, and fake papers submitted and you were caught. It will be very difficult to get any visa until you get a waiver of this clause which is given in rare cases. You need to try other countries.'

• Is it cheaper to study in Australia?

For those who missed the chat, here is the transcript:

vijender asked, respected sir, i m working past five years in hotel industry , currently working as front office manager, can i apply for work visa
Dr. Arun Vakil answers, You have to show some special knowledge in hospitality which does not seem possible. However, if your hotel has a branch overseas, then you can seek a transfer and consider L-1 visa.

anil asked, hello sir I have c1d visa and still working with the company.Is their any possibility to get b1 b2 visa as well.
Dr. Arun Vakil answers, You can apply for B2 but then you have to choose one of the visas ultimately. One of them will be invalid.

murali asked, Hi, My H1B rejected in 1998. now i m working in a IT Company. Last year i went to singapore from there i was asked to go to US on Business visa. But again my business visa rejected saying i dont have enough ties outside India.What are my future chances of getting either H1B or Business Visa. Please advise.
Dr. Arun Vakil answers, H-1B visa is possible if you qualify. For B-1, consult some professional to take care of earlier rejections.

vvz asked, hi i have been rejected for my F1 visa in 2001 under section 212 (a)(6) (c) 1, can i apply for H1 now and can i eligible to get the visa? could you please let me know the details
Dr. Arun Vakil answers, This is a tough situation. This shows that there was some malpractice, fradulent documents, and fake papers submitted and you were caught. It will be very difficult to get any visa until you get a waiver of this clause which is given in rare cases. You need to try other countries.

vinayk asked, Will there be any hassles for obtaining B-1/B2 after going to USA several times and returning propmtly will I be issued afurther 3-5-10 yr visa once again or will i have to encounter problems tHANKS SRINIVASAN
Dr. Arun Vakil answers, Should not be a problem if your situation of profession and income is steady. Duration of visa will be decided by Visa Officer on case-by-case basis.

avik asked, hi arun i was in Uk for abt 3yrs and i came back as my visa got rejected.... will it be problem if apply for US visa..iam not deported or any bad remark on my passport
Dr. Arun Vakil answers, Need to check why you were refused at UK. If there was no major issue, you can apply for US visa.

JYOT asked, i haverecieved business migration for australia should i eligible for L1 USA?
Dr. Arun Vakil answers, If L-1 conditions are met, you can, even if you are in Australia.

manohar cha asked, My place of birth is wrongly spelt in the passport as 'Nanoyal' instead 'Nandyl'. Will this lead to any problem in visa processing
Dr. Arun Vakil answers, No. Explain to visa officer in the interview with some evidence of correct name.

Rahul T. asked, I have a valid 10-year B1 visa to expire on Sept 2015.If I apply for and get a L1 Visa, will my B1 visa be cancelled or I will have 2 visas on my passport.
Dr. Arun Vakil answers, Usually, B1 visa may be cancelled without prejudice but sometimes Visa Officer allows both visas to be valid. It all depends at the discretion of Visa Officer.

willgo2us asked, THis is regd B1. My B1 has recently been rejected for no reason (all ties are here, company is rich, my salary is hefty in 6 figures) but why are they so irrational? One thing was there that I'd just joined the company (1 month back). I was going for just 7 days expo and they rejected? What reason should I give in my next interview for the first rejection? Where can I get your book (gateway to america) in Hyderabad?
Dr. Arun Vakil answers, If you have been in a company only for a month, seeking visa for expo is a very dicey situation. You should be in the company at least for a year as a ballpark figure to justify your going. I suggest you complete a year and then try.

alice asked, hi what are the procedures to be followed to apply for H1B
Dr. Arun Vakil answers, Have explained in a similar question before.

Anjaiah asked, I have b1/b2 visa stamped from my previous company two years back and it is valid for 10 years. But it has not been used so far. Can I use the same for personal visit?
Dr. Arun Vakil answers, Yes, you can.

raghu asked, Hi Sir, I am a commerce graduate and did 1 yr PGDCA course. I have 6 years of experience in the software industry as software developer.Am I eligible to apply for H1-B based on my qualification and experience.Thanks in advance.
Dr. Arun Vakil answers, Look for an employer who may consider you and petition for you. Normally, one should have 16 year education or equivalent experience. Three years' experience is counted as one year of study

nripen asked, i have 10 years work ex.in Business Development now want to work in US any chances also getting executive management certificate from IIM Cal.
Dr. Arun Vakil answers, Check with IIM.

dev asked, I have compledted Diploma in E&C, I am working in local Bank. I am interested for migrate in US. How Can I?
Dr. Arun Vakil answers, Migration for you would be to find a US citizen girl and get married.

Arvind asked, Dear Dr. Vakil. I had been in USA on J1 visa for 1.5 yrs in 2002-2004. I am again thinking to work in USA for some time. My quetsion is that which visa type will be better to get in either J1 or H1 or H1B type. How is my previous stay will be considered. Thanks. Arvind
Dr. Arun Vakil answers, Need to know about your background to tell you more.

Deb asked, Hi Mr Vakil, Does it mandatory to have Masters for H1-B
Dr. Arun Vakil answers, No. A bachelor's is the minimum qualification.

Karimulla asked, Hello sir, I am a software engineer, working on SAP, I applied for H1B through one consultant. They are asking me 2 laks rupees or my Original educational certificates. What I need to do. Is this a secured way?
Dr. Arun Vakil answers, Suggest trying a corporate employer on your own.

ahmad asked, whats the official fee for H1-B
Dr. Arun Vakil answers, H-1B status requires a sponsoring US employer. The employer must file a Labor Condition Application (LCA) with the Department of Labor attesting several items, including payment of prevailing wages for the position, and the working conditions offered. The employer must then file a Form I-129 petition plus accompanying fee of $190 (which is expected to increase to $320 after 6-8 months from now) with the USCIS and unless, specifically exempt under the law, an additional $2000 fee to sponsor the H-1B worker. Under the current law, an alien can be in H1-B status for a maximum period of six years at a time. After that time, an alien must remain outside the US for one year before another H-1B petition can be approved. Certain aliens working on Defense Department projects may remain in H-1B status for 10 years. If you want fast track or premium processing of H-1B in the US, you may have to pay $1,000 more to get it processed in 15 days in America. Fee payable at US Consulate/Embassy is Rs 4600 plus Rs 322 service charge as detailed in vfs-usa.co.in

Hudson asked, My wife has done Hotel Management and now she is working as a Technical Recruiter in one of the US based MNC. Is it possible for her to apply for H1B or is it necessary that firstly she should go on H4B with me and there apply for H1B?
Dr. Arun Vakil answers, Depends on her current visa status. You need to give those details.

prakash asked, what is the resons for gettting rejected for visa stamping. I have observed that, most of the rejected cases are the bachelors.
Dr. Arun Vakil answers, If employers are fradulent companies or paper companies, visas for H-1B are rejected. Visa Officers find out easily about fake companies and fake documents.

Manju asked, My company is sponsoring H1B visa for this year and I had submitted relevent documents. So my question is, what is the consequence if I wont visit US for next 3 years, though I have H1B visa?
Dr. Arun Vakil answers, There is no problem. You have to explain to Visa Officer at the port of entry in the US about your delay if you use this visa in future.

sandeepkusingh asked, Hello Mr. Arun, I have 3+ Yrs of work experience and I have got a sponsorship for the US FY 2007-08. They are processing H1B premium process. What are my chances for getting approval. I am a BE (Electronics and Instrumentation) with 3+ yrs IT exp in Oracle HRMS ERP Application. As my employer is doing premium process, will there be additional previlage ?
Dr. Arun Vakil answers, Preminum process means expedious processing in the US in 15 days. If you meet the criteria of H-1B, you will get.

shak asked, Hello Mr Vakil, My H1B is awaiting security clearance and its been a frustating 3.5 months till now. Can you tell me how much these clearances usually take. In my case it was a name match and I had submitted 10 fingerprints
Dr. Arun Vakil answers, Difficult to say. The wait can be from 4 weeks to even sometimes a year.

Patrick asked, I am working as a software professional for the last 14 years, however I do not have a graduate degree, Am I be eligible for H1B visa? My company is ready to do the H1B processing for me. I have already visited Boston once on B1 Visa for three months in 2005.
Dr. Arun Vakil answers, 14 years experience in IT can help. Your company can certainly apply for you.

Nis asked, Hello Arun,Our company's India HQ is at Gandhinagar, Gujarat (with 2 branches in other cities) totaling 700 employees. Since last year we have many instances of sending our India employees to our Texas based HQ. We have faced couple of rejection also. I have heard that if our company is enrolled as BEP then the procedures become easy and chanced of rejection are reduced. So, I am interested know about procedures to enroll our company in BEP program at Mumbai embassy. Can you advice?
Dr. Arun Vakil answers, Business Executive Program is offered to companies who have track record in history to have sent many H-1s and L-1s to the US. You have to write to US Visa Section at American Consulate with all your company details and request for BEP eligibility.

R P Shah asked, My brother inlaw has filed the US in category of I-130 in 2003, how it will take time
Dr. Arun Vakil answers, Your brother-in-law must have filed for you through his wife, that is your sister. Am I correct? If yes, it will take 12 years.

abcdef asked, What is the perspective of a visa interview for H1? I am asking the generall perspective of visa interviewers?
Dr. Arun Vakil answers, A match between your background and available jobs in the US and whether the job necessarily needs a person of your background.

gopinathk asked, Hi I am applying for H1 this year's Quota...an i was in touch with a consultant..i am about to send him all the documents..then all of a sudden i got a mail from him saying that " I have freezed H1's for 2007, We may not be able to do your H1  in this year Quota as we have't received your documents. " ..what could be the situation ..is it the deadline is over for this year's Quota?
Dr. Arun Vakil answers, New quota of 2008 can be filed from April 1, 2007 and quota begins to be issued from October 1, 2007 for fiscal year 2008.

srinivas asked, Dear sir, In the year 2002-2003 I worked for a YYY Company for 6 months.I have taken the experience letter.After that i left that company and was working in xxx country(i.,from Dec 2004- to till date ).Now I want to apply for H1b.But that YYY company has closed and i have no proof(except experience letter ) that it really existed there. What shall i do ?. Will it create any problem if i show that experience .But my experience is genuine. I also got rejection for H1B in 2000 bcos i did not produce the Company annual report as my US employer didnot gave me .
Dr. Arun Vakil answers, If your experience is genuine, you can show it even if a company is closed.

karanam asked, Hello Arun, I had a H1B 221(g) queries stamp on my passport in 2005. My previous employer was not able to answer those queries and that petition is still pending. I am planning to apply for a fresh petition this Yr. What effect would my earlier queries stamp will have on this one? What are the chances of me getting through at the consulate?
Dr. Arun Vakil answers, If your new petition is genuine, no problem.

Dr. Arun Vakil says, I would love to answer more questions but time has come to stop. Thank you.

Part I: When to apply for US work visas -- NOW!

Dr Arun Vakil has an MBA from the University of California, USA, and a PhD, partly from the University of Wyoming USA and University of Mumbai. He is an expert on US visa regulations. He conducts orientation courses for students going to the US; these courses are organised by various organisations in Mumbai, Hyderabad, Ahmedabad, Vadodara and North Gujarat. He also delivers lectures on US visas and immigration laws and has  authored the book Gateway to America, in 1984 and subsequently four editions were brought out, the last in 2006.