coolboyz Posted August 26, 2014 Report Share Posted August 26, 2014 My wife's H1B stamping got rejected (the employer also withdrawn her H1 petetion as soon as he learnt about visa refusal) at consulate and now she is planning to go for H4 stamping. When the consulate rejected her H1B, they mentioned the following reasons: 212 (a)(6)©(i) - fraus and misrepresentation 212 (a)(9)(B)(i) - unlawfully present The latest stamp that is on her passport is H4 stamp which expired May 2014. In this scenario How do we answer the following questions in DS160 form for H4 stamping: Q: Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? Yes or No. If yes, what should I explain? Q: Have you ever sought to obtain or assist others to obtain a visa, entry into the United States, or any other United States immigration benefit by fraud or willful misrepresentation or other unlawful means? Yes or NO. If yes, what should i explain? Q: Are you applying for the same type of visa? Yes or No.--> As I didn't get stamping for H1B what details shall I provide here. The stamp that I had in my passport is H4 which expired in May 2014. Q: Has your U.S. Visa ever been cancelled or revoked? Yes...What explanation do I need to provide here, Q: Have you ever been refused a U.S. Visa, or been refused admission to the United States, or withdrawn your application for admission at the port of entry? Yes or No. If Yes, what should I explain? Link to comment
jairichi Posted August 26, 2014 Report Share Posted August 26, 2014 Wherever fraud and misinterpretation, and unlawful stay is given as reasons for visa denial take the help of an attorney Link to comment
nvedia Posted August 27, 2014 Report Share Posted August 27, 2014 The stamping got rejected at which location? Jamaica/Canada/India ? Was it first H1B? Link to comment
coolboyz Posted August 27, 2014 Author Report Share Posted August 27, 2014 Stamping rejected in India........it is the first time H1B that got rejected......... Link to comment
newguyaustin123 Posted November 8, 2016 Report Share Posted November 8, 2016 @coolboyz how did you answer " Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?" in the first place for the h1b application? Link to comment
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