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The Consular Process of USCIS approved H1B application

Dr. William:

I need to go back to my home country to wait for and get the H1B visa, because my Optional Practical Training time will be over soon before I actually get the H1B status approval by USCIS.

But my concern is that the U.S. employer may not pay me the wage listed on the H1B application form. Do you think this may be the problem when I have interview with the Consular officer for the H1B visa at my home country? or even request a revocation of the USCIS approved H1B application?

Answer:

The Consular officers tend to request a revocation of the USCIS approved visa petition in cases where there is fraud or perceived fraud. If the H1B visa applicant can establish with documentary or other evidence that there is no any fraud, the case can be approved by Consular officer for visa issuance.

The consular officers' goal is to issue visas for qualified applicants. Considering the high volume of visa applications, occasional mistakes are unavoidable for some cases.




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