H1B stamping rejected in India - Next steps

[coolboyz]

Hi Friends,

 

My wife's H1B stamping got rejected in India. In the visa refusal worksheet the consular officer mentioned the follwing sections:

212(a)(6)©((i) Fraud and Misrepresentation

212(a)(9)(B)(i) Unlawfully present

 

Her employer applied for visa withdrawal petetion after he learned about the news. Last week the employer received confirmation from USCIS that the H1B petetion got revoked.

I need answers of questions here for which my wife's employers lawyer is not providing me right guidance:

 

1. Can my wife go for H4 visa stamping in India as I am currently on valid H1B visa? (She is still in India,)

2. Do we need to file any waiver application as H1B was already cancelled?

3. Does this refusal has any impact on future H1B filing for my wife with a different company?

4. My I-140 got approved. Will there any problem for my wife when we apply for EAD/green card?

 

I contacted couple of lawyers and got different responses for the same question. One lawyer suggests to go for H4 stamping and another says there might be a problem for her H4 getting stamped.

 

Please provide me appropriate guidance in her case.

 

[jairichi]

Any idea what fraud and misinterpretation is involved? And, can you elaborate on your spouse's unlawful presence in US? There is always a possibility that she might have been banned for future entry to US.

[rahul412]

Hi Friends,

 

My wife's H1B stamping got rejected in India. In the visa refusal worksheet the consular officer mentioned the follwing sections:

212(a)(6)©((i) Fraud and Misrepresentation

212(a)(9)(B)(i) Unlawfully present

 

Her employer applied for visa withdrawal petetion after he learned about the news. Last week the employer received confirmation from USCIS that the H1B petetion got revoked.

I need answers of questions here for which my wife's employers lawyer is not providing me right guidance:

 

1. Can my wife go for H4 visa stamping in India as I am currently on valid H1B visa? (She is still in India,)

2. Do we need to file any waiver application as H1B was already cancelled?

3. Does this refusal has any impact on future H1B filing for my wife with a different company?

4. My I-140 got approved. Will there any problem for my wife when we apply for EAD/green card?

 

I contacted couple of lawyers and got different responses for the same question. One lawyer suggests to go for H4 stamping and another says there might be a problem for her H4 getting stamped.

 

Please provide me appropriate guidance in her case.

She can get her H4, but what's the FRAUD involved in her H1 petition? Was that your wife or the employer who committed this fraud?

[coolboyz]

Hi Jairichi,

 

Thanks for the response....She worked on multiple internal projects for the company. She went for stamping with one of the project for which H1B visa had been rejected for another person about 1.5 year ago which the employer didn't tell us. We don't know what documentation that consulate had on that project and they mentioned her that the project had been revoked. But that project was active with employer even now. But unfortunaltely the employer is not ready to challenge the decision of consulate and he immediately withdrawn her H1B petetion. Consulate made her sit in separate room and verbally stressed her to reveal all the confidential internal information of the company which my wife didn't reveal anything. My wife tried to argue with them for more than 3 hrs explaining all the technical details of the project and her role etc., but the officer didn't agree to anything.

 

We don't know the reason for why they put "unlawfully present" coz, my wife was on H4 visa until she joined the job. She worked for the company and the employer paid her salary. The employer didn't pay her salary on time which is before my wife went for stamping and she mentioned to the officer that she didn't get paid by the employer.(saying that he is lack of funds) for the services she did at company but promised to pay soon.

 

All this time I was trying to understand why they mentioend "unlawfully present" when my wife is working on H1B visa. Also the consular officer verbally told my wife that she can apply H4 visa and the stamping issue will be waived off in 6 months from the records. I didn't understand the part in bold. Also they did mention just 212(a)(9)(B)(i) not 212(a)(9)(B)(i)(I) or 212(a)(9)(B)(i)(II). I referred to the travel state website to learn more about the caluse. here is the link to details that I visited

which mentioned that 212(a)(9)(B)(i)(I) is a 3 year bar and 212(a)(9)(B)(i)(II) is a 10 year bar.

 

http://travel.state.gov/content/visas/english/general/ineligibilities.html

 

Finally, the consulor officer made my wife sit for 7 hrs and asked to give a written letter saying that she worked on multiple projects and didn't get paid yet. This might a reason why employer immediately withdrawn my wife's petetion to be safe boat for him.

 

Let me know if u need more information......

[jairichi]

Talk to a good attorney. Looks like your spouse's employer is at fault and your spouse is good. Being not paid on H1B = being out of status. Your spouse should file a complaint with DOL. An attorney will guide you about the next course of action.

[rahul412]

 

Finally, the consulor officer made my wife sit for 7 hrs and asked to give a written letter saying that she worked on multiple projects and didn't get paid yet. This might a reason why employer immediately withdrawn my wife's petetion to be safe boat for him.

On H1 you need to get paid every month, that's LAW. Not getting paid on H1 that will be treated as out of status.

Looks like the employer is the one who messed up your wife's H1. Next time find a good employer, not a FRAUD like this one.

[coolboyz]

Thanks for all your replies.........

The employer paid right when he learnt about stamping refusal to make sure he is safe. Anyway what happened was bad but cann't change it now.

 

I'm alrready working with attorney for guidance. The problem is I'm getting different opinions from attorney's. Don't know which one to believe. One says these are common reasons that consulate while rejecting a visa and she can right away go for H4 visa stamping (as she is still in India) to convert to H4. She can come back to US on H4 without any issues. In future when you try to apply H1 B from a good employer or a big company then that company's lawyer will guide you appropriately.

 

Another says there might be a problem with her H4 too and future legal status unless we file a waiver form at the consulate. For that we need to contact consulate and find more information on the case.

 

I was confused on which one to believe. Also the consulate didn't mention anything about 3 year or 10 year bar. Let me know ur thoughts..........

[jairichi]

Thanks for all your replies.........

The employer paid right when he learnt about stamping refusal to make sure he is safe. Anyway what happened was bad but cann't change it now.

 

I'm alrready working with attorney for guidance. The problem is I'm getting different opinions from attorney's. Don't know which one to believe. One says these are common reasons that consulate while rejecting a visa and she can right away go for H4 visa stamping (as she is still in India) to convert to H4. She can come back to US on H4 without any issues. In future when you try to apply H1 B from a good employer or a big company then that company's lawyer will guide you appropriately.

 

Another says there might be a problem with her H4 too and future legal status unless we file a waiver form at the consulate. For that we need to contact consulate and find more information on the case.

 

I was confused on which one to believe. Also the consulate didn't mention anything about 3 year or 10 year bar. Let me know ur thoughts..........

Talk to an attorney from Murthy law firm.

[rahul412]

have you contacted murthy firm??

[coolboyz]

We haven't contacted any Attorney from Murthy Law firm.

 

Can anyone give us an idea on how much fees does murthy law firm chages for guidance in tese cases?

[Attorney_23]

We haven't contacted any Attorney from Murthy Law firm.

 

Can anyone give us an idea on how much fees does murthy law firm chages for guidance in tese cases?

 

Initially, this would start with a consultation with one of our attorneys. Standard rates for a twenty (20) minute in-person or telephone consultation are as follows: $150 for a consultation with an Attorney; $200 for a consultation with a Senior Attorney; and $250 for a consultation with Attorney Murthy. If you choose to engage our services for the matter discussed within 30 days of your consultation, the full amount of your consultation fee will be credited to the final installment of your case.

 

 

Thanks for all your replies.........

The employer paid right when he learnt about stamping refusal to make sure he is safe. Anyway what happened was bad but cann't change it now.

 

I'm alrready working with attorney for guidance. The problem is I'm getting different opinions from attorney's. Don't know which one to believe. One says these are common reasons that consulate while rejecting a visa and she can right away go for H4 visa stamping (as she is still in India) to convert to H4. She can come back to US on H4 without any issues. In future when you try to apply H1 B from a good employer or a big company then that company's lawyer will guide you appropriately.

 

Another says there might be a problem with her H4 too and future legal status unless we file a waiver form at the consulate. For that we need to contact consulate and find more information on the case.

 

If she was found to have made a material misrepresentation, this would typically mean she is permanently inadmissible. In order to enter the U.S. as a nonimmigrant, she would need a waiver. (Or, it may be possible to challenge this finding so that no waiver would be required.) You absolutely need to speak with an attorney in a situation like this. Even though there are many, many extremely knowledgeable and helpful people on the MurthyForum, this is far too serious to try to resolve without the assistance of a professional.

[ottawa_rocks]

Did this case ever get resolved? I know folks who have misrepresented false docs at consulates to obtain stampings. 

[tharch7]

did your wife get a chance to enter US?

if so let me know the process please , as i am in the same boat but little different in my case :

 

my employer edited client letter for project date as it is too close to finish which is march and mentioned no date at all.-just wrote possible extensions in client letter

 

i still didnot recieve final decison-but status is still pendin admin process.

 

my manager got email asking if she has signed it, she replied yes she did but with modifications.she didnot mention who did the modifications.

 

 

my case is likely to get rejected as it seems fraud, please suggest if i can withdraw before my status changes to rejected due to fraud.

 

 

i am planning to go for h4 appt this month end, can i withdraw and go, even then..there comments on histroy will still say fraud- so does it mean i can get h4 or not?

 

on the above post, i see h4 should be applied after 6 months.As mentioned "stamping issue will be waived off in 6 months from the records" what does this line mean..please explain in detail.

 

as per my understanding, all records even like fraud cases are closed in 6 months time? although my case is still pending, i still need to wait for 6 months time for h4 visa from h1 withdrawal date? should i cancel my appt now, as chnaces of rejection is more as its still pending on h1.

 

i can only say during h4 visa, if they question me..I am going say, i have given all my documents to employer and he edited the letter removing date, which i am unaware till my manager spoke to me, as she got letter from consulate, they attached the scanned copy which was edited and my manager replied attaching the original  client letter.

 

 

please advice.

 

thanks

MAYA

 

 

 

[jairichi]

did your wife get a chance to enter US?

if so let me know the process please , as i am in the same boat but little different in my case :

 

my employer edited client letter for project date as it is too close to finish which is march and mentioned no date at all.-just wrote possible extensions in client letter

 

i still didnot recieve final decison-but status is still pendin admin process.

 

my manager got email asking if she has signed it, she replied yes she did but with modifications.she didnot mention who did the modifications.

 

 

my case is likely to get rejected as it seems fraud, please suggest if i can withdraw before my status changes to rejected due to fraud.

 

 

i am planning to go for h4 appt this month end, can i withdraw and go, even then..there comments on histroy will still say fraud- so does it mean i can get h4 or not?

 

on the above post, i see h4 should be applied after 6 months.As mentioned "stamping issue will be waived off in 6 months from the records" what does this line mean..please explain in detail.

 

as per my understanding, all records even like fraud cases are closed in 6 months time? although my case is still pending, i still need to wait for 6 months time for h4 visa from h1 withdrawal date? should i cancel my appt now, as chnaces of rejection is more as its still pending on h1.

 

i can only say during h4 visa, if they question me..I am going say, i have given all my documents to employer and he edited the letter removing date, which i am unaware till my manager spoke to me, as she got letter from consulate, they attached the scanned copy which was edited and my manager replied attaching the original  client letter.

 

 

please advice.

 

thanks

MAYA

 

As an attorney mentioned as a response in situations like this one should talk to a good immigration attorney asap. As far as I know in some cases US consulates lodge police complaint against applicants providing fake documents. So, you need to act quickly by contacting an immigration attorney.

[rahul412]

my employer edited client letter for project date as it is too close to finish which is march and mentioned no date at all.-just wrote possible extensions in client letter

You can get H4, but you can forget about working in US. You have killed your chances of working in US, what you did is a big crime. I suggest you to contact an attorney before its too late.

[ashutosh16]

What happen next @colboyz .Please complete this thread .Your input will help