B1 Cancelled during H1B interview but H1B issued


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Hi, I have a peculiar case I guess.

I had a B1 visa valid from 2007-2017. I travelled in the B1 visa during 2007, 2008 and 2009 staying 80 days, 60 days and 85 days each time.

Later by 2011, I got a L1 visa stamped in Singapore without any issue and I stayed in L1 for months and then I went back.

Then by 2012 May, My H1B got filed and it got approved by Oct 2012. I went to the H1B visa interview in Chennai, India consulate and the officer blasted me with question on what I was doing in the B1 visa for many days. I said I was on training and business meetings. He said he was not convinced and said he is cancelling the B1 visa. And interestingly he issued me the H1B visa.

I came to US by Dec 27th 2012 on H1B and in the POE I was asked go to the investigation room.

The officer review my visa history and said it is interesting to see that my B1 visa was cancelled on the basis of fraud usage and at the same time the H1B visa issued.

I explained him the happenings in sequence and he said that I will face the same issue every time I enter US since there is a RED flag on me.

I have 2 questions now:

1) I am going to change employer now. Will that H1 Transfer have any problem due to the RED flag on me?

2) Is it possible that if i work with the attorney, can the attorney help me get this RED flag cleared on my profile ? I have the client invitation letter and my Iteniery for my B1 travels.

Kindly let me know.

Thanks for the time !

- Krishna

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" I said I was on training and business meetings (on B1)."

=> Are you sure you can use B1 visa for training. I can't see it on wiki.

If you did any thing other then below, you were involded in a fraud:

  • Negotiate and sign contracts
  • Purchase supplies or materials
  • Hold business meetings or attend/exhibit at a convention
  • Settle an estate
  • Sit different types of exams and tests held inside the United States
  • Perform certain professional services.

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The issue was probably the length of each stay, "80 days, 60 days, and 85 days" is not reasonable nor believable for "business meetings" (even a series of them), and "training", which along with "knowledge transfer", is know to be used by consultancies when actual work is being done, and thus are considered code words.

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