Hi All,

I wanted to have some information about background checks either done by companies or for H1B process. I had a scenario a couple of years back when I joined my current company in 2010. My company emailed me that one of my previous employers had given red on my employment verification there. I had the relieving letter from that company. The only issue was that the company didn't want to relieve me at that point in time. Instead of serving the 30-day notice period, I only served 15 days with a proper resignation, and after a month or so, the relieving letter was sent to me at my address. Prior to sending the relieving letter, I had also paid them for the 15 days' notice amount. So, I contacted that company about the red background, and they told me it was a mistake on their side, and they have now provided the correct feedback.

My question here is, if this situation happens again in my next company or for H1B processing, would the company give me time to prove it again? Is there any way out of this? I heard that for H1B background checks, they don't give you time to prove and would just disapprove it. Is that the case?

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

From India, New Delhi
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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, and any future repeats may not happen.

Coming to your query regarding 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 reasons why your case hasn't been cleared and 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 okay from your end].

All the best.

Regards,
TS

From India, Hyderabad
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Thank you for the information. Regarding the H1B visa, my concern is not about stamping but rather about the background check process that occurs before stamping. They conduct a background check to approve the application, and if approved, the individual is then sent for stamping. My confusion lies in whether any issues that arise during the background check could lead to application denial, or if there would be an opportunity to address and clarify any concerns.

Yes, I have communicated with that company. They informed me that they had provided incorrect feedback due to their mistake. I have asked them to update their records accordingly. Please keep me informed of any updates.

From India, New Delhi
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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, and 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
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Thanks for the information. I got to know that the HR head there gets quite personal and always keeps her ego in front. They never wanted to relieve me as I was at the 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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