H1 stamping Denied under section 212(a)(6)(c)(I) with Waiver

[saraswatk]

Hi - I went for my H1B extension stamping at Mumbai consulate on Jan 15, 2013. (My I-140 has just gotten approved). The consular officer denied stamping saying there is some issue "Pending" at DHS. She told me that she will request a waiver from DHS and I don't have to do anything at this time. She just handed me over a refusal worksheet which checks section 212(a)(6)©(I). She did not give me any other form or directions for applying for waiver myself.

When checked online, I found out this this section is for "Fraud/Mis-representation". I was quite shocked to know that. I have never misrepresented anything. Always changed jobs only after H1b approvals and never been out of status even for a single day. What could be "pending" at DHS?

Any idea about how serious is this? Do I have to do anything? Anyone else who got a waiver without applying for it?

I don't know how long am I supposed to wait to hear from them. will they contact me with the waiver? I am not sure whom should I contact to check about the status. The interview application number shows "Refused" online.

I am extremely worried. My employer is still waiting, but I am not sure how long will I be able to keep my job working from India. Please Help!!!

[Attorney_25]

Has there been any issue with your H-1B and/or I-140 employer committing fraud in relation to those applications? Any indication that the employer might be under investigation for any reason? Unfortunately, if the employer gets in trouble, any fraud is often imputed to the employee too, and you will need good representation to straighten it out. I hope that is not the case for you. You can hire an attorney to file a fraud waiver.