Starting a New Visa process after 3 years voluntary visa withdrawal)


vpathania

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Posted

Hi All,

I was in from 2006 - 2010 , in Jan 2010 I was denied admission to US ( reason: CBP Off asked me about who is my employer and instead of giving my employer name I said my clients Name ,, was sent for secondary,, I corrected my mistake in secondary and told them peitioning employer but then they started asking me about my w2s and recent paychecks which accidentally I carried in my check in luggage instead of Hand baggae,, Well I know I was a dumb *** that time and learned from the mistake), my desi company did write through immigration attorney to CBP\DHS that time and got the reply that I have not been banned and can apply for the visa again)

Now here is the situation: Got employment with one of big fortune 100 company and they are sponsoring my H1 visa this year..

Questions:

1)Work is urgent and they want me in US by April, Can I still utilize my time not spent on H1, since I was in US for only 3 years and now out of US for more than 3years. Can my company use my older peition to just transfer my H1 on their name and I will not be counted under cap? or I have to apply fresh this year in April.

2) What kind of questions or scrutiny I can expect at the consulate or POE ( If I get approved at the consulate)

Your response or help is greatly appreciated

Posted

You are not subject to the cap. If it is correct that you voluntarily withdrew your application for admission and have no bar, then the only thing I would be concerned about is whether there is an allegation of fraud in your file. I don't see fraud here though. It doesn't hurt to try for the new visa. Be sure that you have your facts straight, and that you did not lie previously. An attorney could help you review the facts to discover any possible issues.

Posted

Thanks for the Reply attorney,,

Actually I recieved services of Murthy Law firm in march of 2011 and there was petition prepared for me by Brian Green,, for Port director NJ. So I am basically your former client and that we did recieve the response from Port director that there is no bar on me.. since you said

" only thing I would be concerned about is whether there is an allegation of fraud in your file" how can I find out about this thing?

"Be sure that you have your facts straight, and that you did not lie previously" --> Not sure what you mean by this ,, I mean lets take a realistic example where visa officer asks "What happened last time when I went to US? what can I respond or just give me a hint how should I respond to this question

Posted

If you have written information from CBP that you are not subject to a bar, then most likely they did not mention fraud in your file.

As to lying previously, I am talking about the 2010 incident. If you know you only provided true information except that you were confused on the question about your employer, then you should be ok.

Again, assuming this is correct, I do not see any issues at entry. Don't make any more mistakes of fact, and certainly be honest. You may want to consult with a qualified attorney to discuss it further.

  • 1 year later...
Posted

Hello Oldmonk,

 

I am in the same boat as yours. I told my client name instead of my employer name and went on for the second interview. But i was on OPT at that time and i have to admit that i did part time work when doing masters.

 

Please let me know how your visa process went.

  • 2 weeks later...
Posted

hey wd_1986 I came back to us last year and believe me everything went so smooth, no hiccups and not a single question asked.

let me know if you need more info, how to go about it..

email me ***************@gmail.com

  • 3 years later...

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