212(a)(6)(c)(i) waiver h1b

[rookie33]

Hello Friends,

Here is my issue, I would appreciate any advice that you can give me.

I am in India working for MNC, this year my company filed H1b and it got approved for one year and I went for stamping, the visa officer told me these words after 10 minutes

" unfortunately we are refusing your are visa now, although you are eligible for Visa, USCIS has a permanent ban on you under section 212 (6) (c) (i) of INA. please handover the this 221 g slip to your employer and ask them to apply for a waiver.”

Here is the back ground:

I went to US in 2007 completed Masters and started working for a client through a small consulting company which owned by Indian origin. They filed H1b  in 2012 and when I came for stamping in India, consulate issued 221g for administrative processing. Later consulate recommended USCIS to revoke the H1b petition.

The reason was client didn’t verify my project with them, though I had a client letter issued by a American manager( V.P), but client refused to verify the project because the letter should have been issued by the legal department and not a random manager from organization. So that was a compliance breach and I ultimately ended up with the H1b denial.

Now in 2016, my present company applied for H1b in April quota and got NOID(notice of intent to deny) with the same reason of 212 (6) (c) (i) of INA, our immigration lawyer replied stating that I have never falsified anything when I applied for H1b in 2012 and provided some employment proofs with the client like time sheets for entire duration (2009-2012) and some appreciation emails which I saved for myself.

I got  H1b petition approved, but Visa office told me that as USCIS puts the life time ban on myself , so my present employer must apply for a waiver.

I am comfortably living  here in India and I am doing really good at work, but  part of my work I may have to stay in US for few months in a year for which I need a H1b visa

My questions:

1)     If apply for a waiver, How long will it take to get it approved?

2)     What would be the duration for waiver –currently my petition is only valid for one year.

3)     Should I apply for waiver when I go for stamping in future, for every new petition stamping

 

Thanks

[shekar11#]

1. Waiver usually takes time. Somewhere around 6 to 9 months.

2. 6 to 9 months.

3. No. Once you get the waiver you should be good.

[rookie33]

@shekhar11#   Thank you Sir,

sorry for repeating the question again,  will USCIS grant waiver for only one year or is it a life time waiver?. Do I need to get waiver for every petition and every visa stamping.? Thanks again Sir.

[shekar11#]

You don't need to get a waiver for every petition. Once they grant waiver it will be there life time.

[rookie33]

thank you sir 

[rookie33]

Here is update on my case

·         my company asked me to submit a letter signed by our immigration vice president to consulate, Here is the summary of the letter

·         The U.S. Consulate issued a 221g notice on behalf of our employee stating that USCIS needs to issue a waiver. We respectfully submit that USCIS reviewed the issue of concern as part of the H-1B petition filed by our company on behalf of employee. Our company submitted its response to the USCIS notice(NOID) explaining the circumstances of employees prior H-1B visa application filed by a petitioner/ employer other than our company. A photocopy of our response to the notice is attached. USCIS reviewed our company’s response and approved our H-1B petition. Therefore, our employees prior H-1B visa matter has been resolved. We respectfully request that the U.S. Consulate grant our employee H-1B visa issuance.

·         I have sent an email to consulate with the above letter and NOID response.

My question is

·         Is this going to work? , I feel like I need to submit waiver application. I just sent this letter to consulate and waiting for response

 

 

[rookie33]

@JoeF, @shekar11#.

Hi Joef and Shekar, 

please provide your opinion on this matter?.

Thank you.

 

[tomp307]

Hi Rookie33

Did you ever get the waiver for USCIS. Were you able to get the H1B stamped.

I recently attended Visa interview and got a 221g under 212a 6ci, wondering what are my options.