Impact on my future H1B petition due to employer involvement in the past visa fraud case

[AKonda1981]

Hi Rajiv Sir,

Sorry for this lengthy details. But I had to give you all details for understanding my case.

I am exploring my options to file a new H1B and would be great if you can provide any suggestions or insights on my current situation.

My details are -
1) I have been to USA on H1B through Employer A in 2007.
2) I have transferred my H1B to Employer B in 2012 and have I140 approved with Employer B and had multiple successful H1B extensions until 2017.
3) My last H1B based on my approved I140 with Employer B was valid until May 30, 2017. ( I-94 expired on May 30, 2017). Extension was timely filed on May 16, 2017.
4) Work location changed in October 2017 and an Amendment was filed when my above H1B extension petition was still pending.
5) Amendment Petition was upgraded to premium service in December 2017.
6) I have continued to work for it until September 2019 as no decision was made by USCIS on my amended petition.
7) I have exited USA in October 2019 to join my wife and kids who were stuck in India for all these years.
8) In the middle of year 2020, administrative processing was lifted on my petition and an RFE was issued. However as I was already out of USA, no response was given.

At this point in time, came to know that my Employer B who applied for my extension got into visa fraud and money laundering case and served jail sentence as well by 2019. Employees weren't made aware of it at all. Probably that's the reason for not hearing this long.

My questions are-

(A) Will USCIS consider my stay between May 2017 and October 2019 as unauthorized, will there be a 10 year bar on me?

(B) Can I apply for waiver of inadmissibility on the grounds of administrative processing hold on my last petition and I left before the decision taken?

(C) Will my employer's visa fraud case impact my H1B approval in future ?

 

[Manish_Pathak]

Hi There,

I appreciate you providing such comprehensive details about your situation. Understanding the nuances of your case is crucial for offering appropriate guidance.

Regarding your queries:

(A) Concerning the period between May 2017 and October 2019, it's important to address the potential implications of overstaying your authorized period in the U.S. Your I-94 expired in May 2017, so staying beyond that date could be considered unauthorized. However, since you departed the U.S. in October 2019, it's unlikely to trigger a significant penalty like the 10-year bar.

(B) Exploring the possibility of applying for a waiver of inadmissibility due to the administrative processing hold on your last petition is a valid approach. Demonstrating that you left the U.S. before a decision was made due to circumstances beyond your control could strengthen your case for a waiver. Consulting with an immigration attorney experienced in such matters would be advisable to assess your eligibility and devise an effective strategy.

(C) Your previous employer's involvement in visa fraud and money laundering may raise concerns during the H1B approval process. USCIS might scrutinize your application more closely, especially if any perceived associations or connections exist. Ensuring your application is thorough, transparent, and supported by all necessary documentation is essential to address potential concerns.

Given the complexity of your situation, it would be highly advisable to seek guidance from a reputable immigration attorney specializing in H1B matters. They can provide personalized advice and assistance tailored to your specific circumstances.

Regarding EEE Of America Immigration, Visa Consultation, and Education Evaluation services, they could potentially assist you in evaluating your educational and employment background, offering guidance on visa options, and providing support throughout the application process. However, for legal matters like yours, consulting with an immigration attorney for professional advice and representation would be essential.

Best regards,