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Prashanth452

H1B revoked with a reason of fraud Indicators

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I got my H1B approved with employer A in 2015 , worked with him for 6 months. Filed a transfer to employer B  which was approved  and  after two months filed an amendment, got approved and worked for 7 months  . Came to India for stamping in 2016 December . In the interview process visa officer thought that i worked illegally for 6 months ( with Employer A) due to a confusion and gave 221G.

In March 2017 , USCIS revoked my h1 with the below reason.

" Post recommends revocation of the petition as the client does not anticipate the services of beneficiary for the dates specified. The interviewing officer referred this case for further investigation because of fraud indicators during the interview process. A consular investigation found that the client was expecting beneficiary's services until Jul 2017 but petitioner claimed work with the client would continue till feb 2019. Therefore , post concludes that there is no qualifying employment for the beneficiary as originally claimed by the petitioner  "

1. Will there be any chances to get my h1 approved if applied? or is it worth to apply ?

2. Will there be any risk for the employer , if he is willing to apply?

3. Will it be a problem , if i go with the same employer( Good and reputed) ?

4. Am i eligible for Cap exempt or do i have to go through lottery system ?

5. As i transferred from employer A to Employer B and again amended , will that transferred petition be in valid state or invalid?

Could anyone please check and suggest me an alternative for my situation?

Thanks,

Prashanth

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On 2/19/2021 at 1:40 AM, Prashanth452 said:

visa officer thought that i worked illegally for 6 months ( with Employer A) due to a confusion and gave 221G.

They are never confused, they are very well trained to understand complex situation, time frame and dates. 

1. No and No

2. certainty of denial or very very long hold if you proceed without clearing current 221G

3. There is no clear yes or no answer

4. IMO eligible after stamping

5. Valid because you mentioned transfer and amendments are approved. 

 

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