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bhuvan1980
Hi All,

I wanted to have some information about background checks either done by companies or for H1B process. I had a scenario couple of years back when I joined my current company in 2010. My company emailed me that one of my previous employers have given red on my employment verification there. I had the relieving letter from that company. Only thing was that company didnt want to relieve me at that point of time and instead of serving 30 days notice period, I only served 15 days with proper resignation and after a month or so releiving was sent to me at my address. Prior to send the relieving letter, I had also paid them 15 days notice amount. So, I contacted that company for the same (red background) and they told that it was mistake at their side and now they have given correct feedback.

My question here is that my current company gave me the time to prove my employment in previous company but if this happens again in my next company or for H1B processing, would company give me time to prove it again? Is there any way out on this? I heard for H1B background checks, they dont give you time to prove and would just disapprove it? Is that the case.

Please let me know your thoughts on this and if someone has any vital information on this.

From India, New Delhi
tajsateesh
1637

Hello bhuvan1980,
Did you check with the earlier company concerned on the reasons why they initially gave the wrong BC Report?
If you know the actual reasons, it would help you to decide IF such a situation could repeat. If it was only for some mistake or missing-out in the data entry process, that would have been corrected by now & any future repeats may not happen.
Coming to your query reg the rejection of H1-B, the concerned US Consulate/embassy does refuse the stamping when they get such a report, BUT that is NOT usually the final word on any Visa category--not just H1-B. You will be given a sheet listing the reason(s) why your case hasn't been cleared & asks you to fulfill them before taking the next appointment for the Visa stamping--some situations/reasons may not need you to take any prior appointment too.
Yes--there could be a delay in your H1-B process, but NOT a rejection-without-appeal [assuming all other approval-parameters are OK from your end].
All the Best.
Rgds,
TS

From India, Hyderabad
bhuvan1980
Thanks for the information. About H1B, my concern is not regarding stamping but prior to stamping, they do the background check based on which they approve the application and then if approved, the person is sent for stamping. So, confusion here is that during background check if this things repeats, would my application be disapproved or I would be given a chance to clear the air???
Yes, I spoke to that company. they mailed me that they had given wrong feedback and it was their mistake...I ahve mailed them to update their records...
Please let me know.

From India, New Delhi
tajsateesh
1637

Hello bhuvan1980,
The process is basically the same even during the Approval stage--except that the Attorney of your US Employer [the one who is applying for your H1-B] handles the case with the USCIS. He/she gets the reason(s) for the disapproval & it's the attorney's job to furnish the necessary docs to get the Final Approval.
However, since your records seem to have been corrected now, you don't need to worry I guess.
Rgds,
TS

From India, Hyderabad
bhuvan1980
Thanks for the information. I got to know that HR head there, gets quite personal and always keps her ego in front. They never wanted to relieve me as I was at client's place, so she did that thing (in 2010 negative feedback) deliberately. This is what I got to know from one resource there. What can be done if this is the case!!!!
From India, New Delhi
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