saraswatk Posted May 3, 2013 Report Share Posted May 3, 2013 Hi - I have been on H1B since 2006 and traveled to India for the first time in Dec 2012 and went for my H1B stamping in January 2013 to Mumbai consulate (I have an I-140 approved). I was refused stamping under section 212(a)(6)©(I) (Fraud and Misrepresentation) with eligibility for a Waiver. I was told by the VO that they are recommending a waiver to DHS and will request a waiver from DHS directly and I do not need to take any action at this time. However, I have been waiting since then and have not seen any updates on CEAC site (it shows REFUSED in January). I called the Mumbai consulate and also wrote an email to them and they generated a case number. I received their response stating the Case Reason as "Hold case/221 G & Refusals/214B" and the response was "Pending for Administrative Processing". It also said that my case status has updated and I should log into my account to view the details. However the CEAC website still shows the January update of refusal. My question is - 1. Is my case denied under 212(a)(6)©(i) or under 221G/214B? 2. What should I do? The email states "pending for administrative process. We will contact her when we are able to process your case." ? 3. If my case is under 221G/214B, then shouldn't I be re-applying for a new visa or submitting more documents? 4. Can H1B denied under 214B? Isn't it a dual intent visa? 5. Should I arrange to apply for a waiver for 212 (My mom lives in US and has a GC)? I am totally confused. Not sure how long should I wait. My employer has been waiting for my return, but looks like they won't be able to wait any longer. Has anyone been in similar situation? What are my chances? Please help. Thanks in advance... Link to comment
omshiv Posted May 3, 2013 Report Share Posted May 3, 2013 what kind of fraud activity were you involved in? is your employer fraud? did you submit fake certificates? Link to comment
saraswatk Posted May 3, 2013 Author Report Share Posted May 3, 2013 Sorry - forgot to mention - I have not been involved in any fraudulent activity. I have never misrepresented any facts. Not submitted any fake certificates. My employer is very genuine. I am working with a direct client who holds my H1B and has filed my GC. I have always maintained my status - never been out of status even for a day!!!! Link to comment
techybos Posted May 4, 2013 Report Share Posted May 4, 2013 Sorry to hear this, but I think your Administrative processing should be resolved, keep following continuously. Did the VO say any reason for refusal? any thing wrong on your/your employer's documentation part? Please do share, as some one here can reply and your experience will be helpful to make sure others wont do any mistakes and be careful. Link to comment
chennarayapu Posted July 21, 2015 Report Share Posted July 21, 2015 Saraswatk: Any update on your case ? If you got visa already how long it took for you to get visa ? Please help to update asap as I am into similar situation now Link to comment
rahul412 Posted July 21, 2015 Report Share Posted July 21, 2015 Saraswatk: Any update on your case ? If you got visa already how long it took for you to get visa ? Please help to update asap as I am into similar situation now OP is offline for almost one year. He won't respond now. What's your situation? Link to comment
chennarayapu Posted July 27, 2015 Report Share Posted July 27, 2015 OP is offline for almost one year. He won't respond now. What's your situation? Hi Rahul, Thanks for the reply. I attended H1B visa interview with an H1B extension petition and at the end of the interview VO handed over me the refusal work sheet stating 6 c 1 as reason and checked the box that i am eligible for a waiver.VO informed me that i no need to do anything and VO will apply waiver for me. So i didnt argue much as i am supposed not to do that and i left saying thank you very much. Please let me know what are the chances of getting waiver approved? If waiver is approved will they issue VISA? How long will it take to get waiver approval? My petition is valid till dec 2017 . Hisory of my case is I applied H1B visa thru company X and petiton X got approved. I didnt go to Visa interview thru X instead i initiated transfer to company Y in India it self and Y petition got approved for one year, Now i attended visa interview with petition Y and VO issued me 221g form with admin processing enabled and VO told me the same thing that i need a waiver and he will apply for me. After 11 months i got VISA with three weeks validity so i didnt travel. So Company Y applied extension which got appproved between mar 2015 and dec 2017. And it continues from the above. Link to comment
rahul412 Posted July 27, 2015 Report Share Posted July 27, 2015 Hi Rahul, Thanks for the reply. I attended H1B visa interview with an H1B extension petition and at the end of the interview VO handed over me the refusal work sheet stating 6 c 1 as reason and checked the box that i am eligible for a waiver.VO informed me that i no need to do anything and VO will apply waiver for me. So i didnt argue much as i am supposed not to do that and i left saying thank you very much. Please let me know what are the chances of getting waiver approved? If waiver is approved will they issue VISA? How long will it take to get waiver approval? My petition is valid till dec 2017 . Hisory of my case is I applied H1B visa thru company X and petiton X got approved. I didnt go to Visa interview thru X instead i initiated transfer to company Y in India it self and Y petition got approved for one year, Now i attended visa interview with petition Y and VO issued me 221g form with admin processing enabled and VO told me the same thing that i need a waiver and he will apply for me. After 11 months i got VISA with three weeks validity so i didnt travel. So Company Y applied extension which got appproved between mar 2015 and dec 2017. And it continues from the above. what waiver are you talking about?? AFAIK, 6C1 means you are ineligible for that visa. Link to comment
chennarayapu Posted July 28, 2015 Report Share Posted July 28, 2015 I dont know what is the waiver. VO told me i m eligible for waiver and she will only apply for waiver. Dont know whats issue Link to comment
pareshpatel Posted October 2, 2015 Report Share Posted October 2, 2015 I dont know what is the waiver. VO told me i m eligible for waiver and she will only apply for waiver. Dont know whats issue Hi, Did you get any reply from consulate for your waiver application? I had the same issue, i got 212a6c1 during my H1B visa interview on 17 July 2015. I am still waiting for waiver application response. I went for interview again with my 212d3 waiver application but VO said since they have already submitted my application they dont need another one. I have to wait for the result. Let me know if you have received and response from consulate. thanks Link to comment
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