mahwahnj Posted December 17, 2015 Report Share Posted December 17, 2015 My H1B visa refused at Hyderabad consulate on 12/16/15 under section 212(a)(6)©(i). I had two times h1b stampings (one in Chennai, another in Ottawa) this time stuck at Hyderabad. What are the options do I have now? Can I go for stamping again at another consulate (Chennai or Ottawa) to test my luck? At this time I do not understand what fraud or misrepresentation are they referring to, they do not disclose the detail reason. Experts please advise. Link to comment
jairichi Posted December 17, 2015 Report Share Posted December 17, 2015 That is a permanent record. Any consulate will have access to it and will bring same outcome. Talk with a good immigration attorney to decide your next course of action. Link to comment
bobvisa Posted December 17, 2015 Report Share Posted December 17, 2015 Once the consulate refuses the VISA, they'll send an intend to revoke your petition to USCIS so i dont think you can go for another stamping. Is your amendment done or do you know if your employer has any issues? Link to comment
rd_usvisa Posted December 17, 2015 Report Share Posted December 17, 2015 Sorry to hear about your situation. Can you please share more information regarding your interview and details on why it got refused. Link to comment
rd_usvisa Posted December 18, 2015 Report Share Posted December 18, 2015 Also, are you fte or into consulting ? Link to comment
mahwahnj Posted December 18, 2015 Author Report Share Posted December 18, 2015 fte. do not know exactly what they are referring too. Link to comment
rahul412 Posted December 18, 2015 Report Share Posted December 18, 2015 My H1B visa refused at Hyderabad consulate on 12/16/15 under section 212(a)(6)©(i). I had two times h1b stampings (one in Chennai, another in Ottawa) this time stuck at Hyderabad. What are the options do I have now? Can I go for stamping again at another consulate (Chennai or Ottawa) to test my luck? At this time I do not understand what fraud or misrepresentation are they referring to, they do not disclose the detail reason. Experts please advise. First you need to tell the us why it was refused? Link to comment
mahwahnj Posted December 18, 2015 Author Report Share Posted December 18, 2015 rahul412: I do not know reason for refusal. I only know section 212(a)(6)©(i) Link to comment
rahul412 Posted December 18, 2015 Report Share Posted December 18, 2015 rahul412: I do not know reason for refusal. I only know section 212(a)(6)©(i) You should know the reason, contact your H1 attorney to know what went wrong with your application. Link to comment
rd_usvisa Posted December 19, 2015 Report Share Posted December 19, 2015 Can you please provide me your email address to communicate, appreciate your help. Link to comment
tharch7 Posted December 19, 2015 Report Share Posted December 19, 2015 did you provide scanned client letter or B/W print or real one with color and original signature? what other options are you planning for going back to US? please share your thoughts, as i might have a problem due to edited scanned real letter for removing date and visa status is still pending admin process, waiting for since 1.5 months, nov 5th i was given 221g blue form on the day of interview. i am planning to withdraw as i dont want rejection due to fraud. guess it will still be on the comments line for investigations when i apply for h4 or h1 visas in future. no other go than withdrawing are you going with murthy attorney or planning WAIVER or staying back in india. do share your thoughts, as it will help lots of them. -maya please send me an email or reply if anyone can advice on it: ********@gmail.com Link to comment
bobvisa Posted December 19, 2015 Report Share Posted December 19, 2015 Thats for Fraud or willful misrepresentation. Not sure if your case matches any of those scenarios. talking to an immigration attorney is the only option for now. Link to comment
abhi5 Posted December 20, 2015 Report Share Posted December 20, 2015 FYI - about this casehttp://www.uscis.gov/iframe/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html (C) Misrepresentation.- (i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible. Link to comment
tharch7 Posted December 20, 2015 Report Share Posted December 20, 2015 do you mean, original post was rejected for fraud and mine doesnot seam fraud.. but when I gave the edited client letter to consulate, they enquired about it and my manager replied saying its modified, so i guess consulate will reject with a reason of fraud.. so i am planning to withdraw my 221g and apply for h4 application. i told my manager i didnot edit it and my employer did that, will consulate believe it as my manager didnot mention who edited it. who ever removed the date, sufferer is me:( please let me know if there will be problem to my h4 even if i withdraw h1 or if dont withdraw h1 221g? few more questions: 1. if i withdraw, do i need to wait for a week or so to get email confirmation on withdrawal and then apply for h4, as i already booked my date next week for h4 interview, but still didnot withdraw. will that be a problem? 2. if I withdraw, do i still fall under cap except for applying new h1 with same or other employer? only to think if i survive the h4 interview and go to US- may be this is not important, as h1 fraud case might not send me to US forever on any visa:( feeling depressed 3. also i have not mentioned as refusal on my ds160 on my new h4 application, thinking 221g is not refusal, but when i read blogs they say i need to mention pending 221g as refusal on my h4 application even if i dont withdraw. so will consulate ask me about it, do they give another 221g as my ds160 is not filled in correct on 221g h1. please help me find answers. Link to comment
jairichi Posted December 20, 2015 Report Share Posted December 20, 2015 did you provide scanned client letter or B/W print or real one with color and original signature? what other options are you planning for going back to US? please share your thoughts, as i might have a problem due to edited scanned real letter for removing date and visa status is still pending admin process, waiting for since 1.5 months, nov 5th i was given 221g blue form on the day of interview. i am planning to withdraw as i dont want rejection due to fraud. guess it will still be on the comments line for investigations when i apply for h4 or h1 visas in future. no other go than withdrawing are you going with murthy attorney or planning WAIVER or staying back in india. do share your thoughts, as it will help lots of them. -maya please send me an email or reply if anyone can advice on it: ********@gmail.com OP is a FTE and there is no need for client letter. As far as I know presentation of any fake document is normally filed as a police complaint by US consulate officials. Talk to an immigration attorney asap. Link to comment
jairichi Posted December 20, 2015 Report Share Posted December 20, 2015 OP if you are very sure that your documents are genuine then you need to cross check with your employer about documents provided by them. Link to comment
F1struggle Posted January 3, 2016 Report Share Posted January 3, 2016 I wonder why a FTE will even need such a document? I believe, correct me if i am wrong, FTE does not need client letter or SoW, etc; just pay slips should be good. Link to comment
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