What if the internship offer is taken back during visa approval process?

[Cashorino 1]

I applied for a J1 almost 8-9 months ago.

My legal sponsor just told me that they would need an official letter of the company that I want to intern for, stating that they are still offering me the position.

Otherwise the legal sponsor has to take back my request for a visa - which would result in a visa denial (that would be absolutely horrible for me).

 

What should I do in a position like that?

I will obviously contact the host company but can the legal sponsor actually do this?

I just want the US to do their background checks etc and take their time until they finally decide to give me my visa.

 

 

 

[SusieQQQ 11,586]

You’ve been in AP all this time I presume, so the query about whether the company is still keeping the job open for you is a fair question. 
And yes, a sponsor can revoke before the visa is issued. They are under no legal obligation to maintain the offer. I am guessing the problem is the open-ended nature of the AP that you are on. It is most unfortunate for you, but I’m sure you can also understand that sometimes sponsor and company need to move on to get some certainty as to when they can have someone in place. 

[Cashorino 1]

Thanks for your response. What should I do now, I will email my host company of course but what if they say "no there is no open position for you at this time since your AP took too long"?

 

So it is a legal sponsor's decision to keep up my case and not the embassy's decision right? Nothing to do with the government of the US, rather with the legal sponsor that is deciding to do so? Maybe I could talk to my legal sponsor and try to convince them to keep my case up ?

 

And it leads to them revoking my visa..it will turn up as "visa denied" which will make things even harder for me than ever before since I am planning to visit the US.

Edited February 1, 2020 by Cashorino

[SusieQQQ 11,586]

I don’t think that it shows up as denied if the visa application is withdrawn before final adjudication. Are you sure about that? A denial is when the consulate issues a “refused” decision. What you are talking about takes place before that happens.

 

Yes, you need to appeal to the sponsor. If the company has no position for you there is not a basis for the visa anymore unless you can find another offer I presume.

[Cashorino 1]

Just now, SusieQQQ said:

I don’t think that it shows up as denied if the visa application is withdrawn before final adjudication. Are you sure about that? A denial is when the consulate issues a “refused” decision. What you are talking about takes place before that happens.

 

Yes, you need to appeal to the sponsor. If the company has no position for you there is not a basis for the visa anymore unless you can find another offer I presume.

Hey Susie, thanks for taking the time and helping me out.

 

Alright, I will do both: Talk to my legal sponsor as well as my host company. It would be great if the host company would just issue an official letter that would make things a lot easier even though I am not quite sure whether the position is still open ..

 

I am not 100 percent sure but I had a few people telling me that withdrawing my visa would update my status in the CEAC as denial. I don't know who I can ask to be really sure about that

[SusieQQQ 11,586]

Just now, Cashorino said:

Hey Susie, thanks for taking the time and helping me out.

 

Alright, I will do both: Talk to my legal sponsor as well as my host company. It would be great if the host company would just issue an official letter that would make things a lot easier even though I am not quite sure whether the position is still open ..

 

I am not 100 percent sure but I had a few people telling me that withdrawing my visa would update my status in the CEAC as denial. I don't know who I can ask to be really sure about that

You can try emailing the embassy to ask them to confirm.  In any case in the event that it shows as a denial (which I still doubt) it doesn’t matter what CEAC says, the actual facts matter. Any future visa application will be able to see the file and that it is was withdrawn after long AP rather than actually refused.

[Cashorino 1]

3 minutes ago, SusieQQQ said:

You can try emailing the embassy to ask them to confirm.  In any case in the event that it shows as a denial (which I still doubt) it doesn’t matter what CEAC says, the actual facts matter. Any future visa application will be able to see the file and that it is was withdrawn after long AP rather than actually refused.

 

Very true. The question however is how can I make sure that you are right about the bolded parts of what you just said? I am scared that it might show up as Visa denied and for whatever reason (even if not as denial but rather as withdrawal) it might cause confusion and more issues for me whenever I plan to visit the US..like picking me out and asking me questions why did the withdrawal happen, what was this and that about etc.

 

I already got harassed when I visited the US where I needed to answer a bunch of questions upon entry from the immigration officer who essientially took me to another room for further questions after letting me finally go and enjoy the US...

 

I hope you can see why I am really worried about all this and I'd like to really make sure. I don't really trust the embassy, if they even make the effort to actually respond to that question...

[SusieQQQ 11,586]

9 minutes ago, Cashorino said:

 

Very true. The question however is how can I make sure that you are right about the bolded parts of what you just said? I am scared that it might show up as Visa denied and for whatever reason (even if not as denial but rather as withdrawal) it might cause confusion and more issues for me whenever I plan to visit the US..like picking me out and asking me questions why did the withdrawal happen, what was this and that about etc.

 

I already got harassed when I visited the US where I needed to answer a bunch of questions upon entry from the immigration officer who essientially took me to another room for further questions after letting me finally go and enjoy the US...

 

I hope you can see why I am really worried about all this and I'd like to really make sure. I don't really trust the embassy, if they even make the effort to actually respond to that question...

Because plenty of people me included can tell you that embassies know the facts of previous interviews/applications in new ones. Will CBP pull you into secondary on a future visit, quite possible especially seeing as you have already had this happen before (you don’t say why) so you can see it can happen to anyone anyway.  
 

If you don’t trust the embassy there’s not really anything I can say to that 🤷‍♀️ In that case maybe you want to explore options in countries other than the US.

[Cashorino 1]

6 minutes ago, SusieQQQ said:

Because plenty of people me included can tell you that embassies know the facts of previous interviews/applications in new ones. Will CBP pull you into secondary on a future visit, quite possible especially seeing as you have already had this happen before (you don’t say why) so you can see it can happen to anyone anyway.  
 

If you don’t trust the embassy there’s not really anything I can say to that 🤷‍♀️ In that case maybe you want to explore options in countries other than the US.

OK maybe my post didn't come out right..It's not that I don't trust them, I get conflicting messages and information everytime I ask them something. One person on the phone says x, another on the phone says y etc. That's what I meant.

 

If the embassies can see the actual reasons -- like me really canceling my visa application and not just "Visa denied", that would be a really really good thing! I've had people (even on this forum) tell me that my visa status will change to denied and this will show up on their records.

 

Yeah about that secondary thing: My parents come from one of the travel ban countries. Some of the questions were regarding that country but the thing is I have never ever set a foot on that country, I was born and raised in Austria and both of my parents haven't visited that country in over 30 years 😉 The funny part is that there are people sharing the same background as me having NO issues with secondaries whatsoever...  

Edited February 1, 2020 by Cashorino

[Boiler 45,525]

I had friends who had J1's in the summer so such a delay would nor work for them, very much depends on the circumstance, sounds like you may hold citizenship of a travel banned country.

[Cashorino 1]

3 hours ago, Boiler said:

I had friends who had J1's in the summer so such a delay would nor work for them, very much depends on the circumstance, sounds like you may hold citizenship of a travel banned country.

Hey there, so what am I supposed to do now? What would you do?

[Boiler 45,525]

Me, I would have moved on a long time ago.

[Cashorino 1]

23 minutes ago, Boiler said:

Me, I would have moved on a long time ago.

But how? I mean should I just call the embassy and tell them I don't need the visa anymore or what exactly?

 

And I didn't want to give up on that honestly

[Boiler 45,525]

You could have emailed the employer in less than a minute asking for the confirmation, if they say no you have your answer.

 

If they say yes get the confirmation and send it in, in either case no need to get too focused about it, you can take a view if and when you get the visa, this is after all just a J1.

[SusieQQQ 11,586]

2 minutes ago, Cashorino said:

But how? I mean should I just call the embassy and tell them I don't need the visa anymore or what exactly?

 

And I didn't want to give up on that honestly

You don’t seem to even know if the job is still there for you, shouldn’t that be the first thing to figure out?