tintuber Posted January 10, 2018 Report Share Posted January 10, 2018 Hi Experts, Here is the story in short went for Visa stamping 2 months back was given 221g asked a set of documents submitted those documents and then 2 weeks back asked for another set of documents LCAs for last 10 years... in one of the LCA document I noticed 10 years back when I was working for a desi company LCA location was different from client where i originally worked ( worked with them from 2007 -2010) after that I continue to work with big companies direct payroll . Now today I got a refused on ceac site. I have not recieved the passport back from the embassy but I think most likely thats the basis of the refusal. Now my question can they legally refuse someone VISA even for something that happened 10yrs back ( I never notice this until they asked for LCA's of last 10yrs 2 weeks back). I have been full time for last 4 years with a big company. Is there a statue of limitation here involved some how? I am waiting for the passport to be back to look at the reasons for refusal but in the mean while though getting this started. Any suggestions welcome Link to comment
tintuber Posted January 10, 2018 Author Report Share Posted January 10, 2018 follow up .. how long Wife can stay in US ( working on h4 ead) is there a time limit? How soon embassy informs the employer ? is the petition also revoked? , I have I140 approved what happens to it? Link to comment
LCAQuestion Posted January 11, 2018 Report Share Posted January 11, 2018 First of all, I am sorry for your situation. Hopefully you will have a way out of this. How sure are you that your LCA location mismatch is the reason for your denial? Kindly update this forum when you have more details on reason for your refusal Thank you Link to comment
Surfer123 Posted January 11, 2018 Report Share Posted January 11, 2018 Sorry for your situation - unfortunately, there is not much u can do at this point but just wait for the denial reason(s). Also, unless there is a valid reason, your visa wouldn't have been denied. Since u work for a big company, hopefully they have a good immigration team - please discuss options with them asap. It is quite possible that they should be able to apply for a new H1B in consular processing mode & u can go for stamping again with that approval - but again that depends on the current denial reason which hopefully isn't something that can pose issues in any future stamping as well. Regarding your wife's H4 EAD, I am really not sure about the rules there. Hopefully someone on here can shed some light. But do discuss with an immigration attorney soon - it is not advisable to accumulate illegal stay no matter how adverse the situation is as it can affect your future visa petitions etc. Your I-140 can be utilized for your future cap-exempt H1 petitions but that is the least of worries in the scenario. Good luck and sorry about your tricky situation - please consult an attorney at the earliest Link to comment
JoeF Posted January 11, 2018 Report Share Posted January 11, 2018 13 hours ago, tintuber said: follow up .. how long Wife can stay in US ( working on h4 ead) is there a time limit? How soon embassy informs the employer ? is the petition also revoked? , I have I140 approved what happens to it? She has to stop working immediately, and has to leave the country. Your H1 is not valid, and that me and her H4 isn't valid, either. Link to comment
tintuber Posted January 11, 2018 Author Report Share Posted January 11, 2018 7 hours ago, JoeF said: She has to stop working immediately, and has to leave the country. Your H1 is not valid, and that me and her H4 isn't valid, either. I have a son who goes to school and all the things that I have need to disposed off like cars , house and other things. Is there a law regarding this situation? Link to comment
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