FAQ: Implications of visa fraud by an employer on H-1B, L-1, green card, citizenship
Hi Rajiv Sir,
Sorry for this lengthy details. But I had to give you all details for und
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 my I140 approved in 2013 with an Employer (XXX IT Services Inc) and had multiple successful H1B extensions until 2017.
2) My latest.H1B had I-94 expiry date as May 30, 2017. Extension was timely filed on May 16, 2017.
3) Work location changed in October 2017 and an Amendment was filed when my above H1B extension petition was still pending.
4) Amendment Petition was upgraded to premium service in December 2017.
5) I have continued to work for it until September 2019 as no decision was made by USCIS on my amended petition.
6) I have exited USA in October 2019 to join my wife and kids who were stuck in India for all these years.
7) 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, I came to know that my Employer (XXX IT Services Inc) got into visa fraud and money laundering case and served jail sentence as well by 2020. 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 ?
H-1B visa holder seeks to claim remaining term after employer’s visa fraud case and husband’s administrative hold
++++++++++++++++++FROM ns2020++++++++++++++++++++++
Hi Rajeev Sir,
Thanks a lot for kindly taking time to answer all H1B visa related queries. Appreciate it.
I held H1B visa and worked with no break since Oct 2012 till Jun 2017. In Jun 2017, my project was completed and I travelled to India on a job break due to health issue thinking to get back after 2 months. However, since my project was over, I thought of traveling on H4 dependent visa through my H1B husband. But since my husband's H1B got into administrative hold for morethan an year, I couldn't get back to US thereafter until now. Later on I got to heard that my Employer got into visa fraud case.
My question is-
1) Will I be able to claim remaining of my H1B term anytime im future if I want to go back to US?
2) Will my employer's visa fraud issue pact my chances of getting h1b approved ?
Note: I never had any issue with my h1b approvals in the past.Never did any fraud from my end meaning I was genuine with h1b filing and documents submitted.