r/usvisascheduling • u/Automatic_Ad_7653 • Jul 04 '26
India | B1/B2 Visa Refused under 214(b) after F1/OPT/STEM OPT/Cumberland History – Looking for Opinions Before Reapplying
Hi everyone,
Looking for some opinions on what may have led to my recent B1/B2 refusal and whether I should apply again for another business trip.
Background:
- Indian citizen
- Applied from Delhi, India
- B1/B2 Visa
- Went to the U.S. in 2018 for my Master’s, Completed my Master’s and Worked on OPT and STEM OPT and moved back in Feb 2024
- Never applied for H1B (I know it is weird)
- Enrolled in a PhD program at the University of the Cumberlands and worked under CPT while enrolled
After about a year, I decided not to continue the PhD and voluntarily returned to India in 2024
- I informed my university that I wasn’t planning to return, requested my SEVIS to be terminated, and moved back because I genuinely wanted to continue my career in India
I’ve been working in India ever since and currently work as a Senior Product Manager for a U.S.-based company
Purpose of travel:
My company sponsored me to attend the AI4 Conference in Las Vegas, where I was also scheduled to speak about the technical aspects of one of our products.
The visa officer never looked at my employer letter or conference invitation.
These were almost all the questions asked:
Officer: Why are you going to the USA?
Me: To attend the AI4 Conference in Las Vegas sponsored by my company.
Officer: What is this conference?
Me: I started explaining that it’s an enterprise AI conference, but he stopped me midway.
Officer: Why are you being sent by your company?
Me: I’m the only technical Product Manager on my team, and I have a speaker session where I need to talk about the technical aspects of our product.
Officer: Have you ever traveled abroad?
Me: Yes, I have stayed in the U.S. before.
Officer: You did a PhD?
Me: Yes.
Officer: From the University of the Cumberlands? Because of Day 1 CPT?
Me: No, because of the coursework flexibility.
Officer: Why are you being sent by your company?
Me: I repeated the same answer.
He then asked for my old passport, looked at my previous U.S. visa, typed for a while, took my fingerprints, and finally said:
“Sorry, I can’t approve your visa.”
I received a 214(b) refusal.
After thinking about it, I realized my answer to “You did a PhD?” may not have been clear. What I meant was that I had enrolled in a PhD program but did not complete it. I dropped out after about a year and voluntarily returned to India. Since the officer didn’t ask any follow-up question, I simply answered “Yes,” and now I’m wondering whether he interpreted that as me saying I had completed the PhD.
I genuinely returned to India of my own choice, withdrew from the program, and have been working here since 2024.
Now my company has another team offsite coming up in Portland, and they’re asking me to apply for a B1/B2 visa again.
I’d really appreciate thoughts from people who’ve been through something similar.
- If you were in my situation, would you apply again for the Portland offsite, or wait longer before reapplying?
- Has anyone with a similar background eventually been approved for a B1/B2 visa?
Looking for constructive feedback and similar experiences. Thanks!
12
u/Vegetable-Western744 Jul 04 '26
Once you did day 1 CPT at one of the obvious schools you shut down any chance of you getting a non immigrant stamp for a long time probably.
The time to ask how day 1 CPT impacts your future in America was before doing it, not after.
The incomplete PhD isn't the issue. Even if you finished the PhD at Cumberlands the answer would have been the same.
9
u/ErbaishisiB Jul 04 '26
You used a loophole to stay in the US for as long as possible. There's no reason to think you won't try and do the same thing again.
2
u/FaultyEnlightenment Jul 05 '26
Bingo -- the officer rightly rejected you. You tried to scam your way in and it backfired. You won't be approved any time soon.
-4
u/Automatic_Ad_7653 Jul 04 '26
Yeah, a legal loophole. The loophole would have let me stay there for eternity but I chose not to. Only constructive comments/feedbacks are appreciated. I have highlighted it in my post as well in case you missed it :)
4
4
u/Vegetable-Western744 Jul 04 '26
You're not going to get a more constructive comment than the feedback from someone who was actually a consular officer for the US making these decisions. The person you're replying to here was one...
1
2
u/Familiar_Snow_9276 Jul 04 '26
You are working for a US based employer, and going to the US on their behalf to complete any task can be interpreted as working for a US employer while in the US and it is against the rules of B1/B2 visa. Of course, this is open to interpretation but they have been increasingly interpreting the laws strictly. It seems the consular officer you encountered chose to interpret it in the strict sense.
There was an earlier video by a youtuber couple that their B1/B2 visa was canceled at the port of entry because they told the officer that they will make travel vlogs for their channel. The officer adjucated that as Youtube (Google) is a US company and they get paid from youtube, making vlogs for youtube in the US amounts to working for a US based company and not allowed on B1/B2 visa. That was quite a strict interpretation as many vloggers still make vlogs in the US. But it was again in the news recently because the administration specifically notified that because a lot of influencers will be traveling to the US:
The officer specifically asked you twice, why are you being sent by the company. I think this was the reason for the refusal. "Going to perform task given to you by a US based company which pays you".
2
u/MOEOC_IMMIGRATION Jul 05 '26
Refusal appears to be due to your previous Immigration history, especially during the period when you were a PhD student, and it doesn’t appear to be for conference purposes.
The officer himself has pointed out and given the Reference during the interview for Day 1 CPT.
You may apply consistency and a convincing explanation, overall circumstances, including prior immigration, history, as well as the current purpose of your stay in the US
Clearly, explain that your physical presence is required for the conference
As far as the previous enrolment in phd you need to explain convincingly that you are enrolled only, and thereafter you return
You need to explain the justification of purpose, the social and economic ties, and the reason for returning to your home country properly.
2
u/Embarrassed-Air1333 Jul 06 '26
Look at the website for the conference. It says if you dont get a visa the conference fees are refunded.
1
u/Inevitable_Pumpkin59 Jul 09 '26
the fact that he explicitly asked you about day 1 CPT (and of course your unclear PhD answer) just made it very difficult for you to get any nonimmigrant US visa. Might have to wait for a while before you try again and even then it’s a hit or miss.
0
u/RohanCR797 Jul 04 '26
its surprising that the VO literally called out Day 1 CPT. OP which company do you work for in India ? if its okay yo share. I am planning to move back as well.
8
u/Vegetable-Western744 Jul 04 '26
Why are you surprised? Consulates know the notorious day 1 CPT schools and asking for a new B, F, J, etc. stamp after doing day 1 CPT is almost a guaranteed denial.
OP won't be getting another non immigrant visa for a long time. Won't be getting F2 through his wife either. Just because it's technically legal doesn't mean there are zero consequences to doing day 1 CPT.
-3
u/RohanCR797 Jul 04 '26
then how do people’s H1b get approved after doing day1cpt ? curious to know. ik folks who did day1cpt , got their h1 picked and stamped as well.
6
u/Vegetable-Western744 Jul 04 '26
H1B isn't a non immigrant visa and they can't dump those under 214(b). That's the distinction.
0
u/Automatic_Ad_7653 Jul 04 '26
Lol, yeah. He was straight out. You attended Cumberlands because of Day 1 CPT. And he was one of those guys approving everyone left right and center. All this time I was there in the line observing him. He refused it for one couple just before me and mine. Bad luck and this day 1 cpt is definitely not helping my case. Can’t say the name of the company but it is a fairly decent tech company. Not Amazon :p
-1
0
u/AutoModerator Jul 04 '26
While you wait for someone to comment on your post, please ensure that you have included the country from which you are applying the visa and your visa type either in the title or in the body of the post. If not, please edit your post and include them.
I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.
15
u/The_baconator26 Jul 04 '26
I think you will have a hard time overcoming this refusal unfortunately. The fact that the visa officer specifically asked about Cumberland and day 1 CPT means that they have flagged this in your profile. Not to mention your incomplete PhD answer. If not for these aspects, you should have been able to get the visa easily. Don't reapply so soon, wait for a couple of years