H1 B EXT NOID-Urgent please help

U

ursnkk

New Member
I got my visa H1B from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.
When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.
VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :

In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract
with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.

USCIS has again came back with the same issue of my previous H1 B.
I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.

Please advice me on this, any help fully appreciated.

Thank you again for your anticipated cooperation in this matter.
 
There is never any guarantee that the USCIS will not change its mind upon upon reapplication. It sounds like the latest review has determined that your previous visa was approved in error.

You should consult with an attorney.
 
Permanent bar

ursnkk said:
I got my visa H1B from employer X in the year 2003 and travelled to US in jan 2004 immigration officials denied my port of entry saying employer X is non-existent and cancelled my visa and told to with draw my application and they have written 212(a)(c)(i)(i) on my passport.I went back to my home country and worked over there for 3 yrs. After sometime i got an offer from some employer Y,they have filed for my H1B and approved.
When i went for visa to US Consulate visa officer told me that am ineligible for the H1B visa. I have explained them what exactly happened in 2004.
VisaOfficer has asked to appeal for waiver using the form I-601,after my appeal to the USCIS, consulate has given the visa.I came to US in 2007 and working for same employer B .I applied for extension under the same employer B,got an RFE asking to submit aggrement b/w the client and the vendor,the requested documents are sent. After that USCIS sent NOID(Notice of Intent to Deny),gave the reason as :

In January 2004 the beneficiay applied for admission as an H1 B Worker for company X.Under oath the beneficiary stated he never signed a contract
with the petitioning company X,the petition company was found not to exist. Therefore, the beneficiary was found inadmissible under 212(A)(6)(C)(I) and 212(A)(7)(A)(I)(I) and permanently ineligible for the H1 Classification.

USCIS has again came back with the same issue of my previous H1 B.
I have been in US from 2007 June with employer Y ,after going through all the process in the year 2007 USCIS has issued my visa.

Please advice me on this, any help fully appreciated.

Thank you again for your anticipated cooperation in this matter.
Click to expand...

This matter is fairly complicated. It appears (I have not looked at the details of your background - so this is a snap opinion) USCIS believes you have committed immigration related fraud (which they erroneously overlooked earlier), and hence are permanently barred from entering USA. You need to contact your lawyers and assess your options. If the finding made by USCIS in 2004 is erroneous, that needs to be revisited.
 
Thank you very much for your response, my attorney suggested to prepare an affidavit documenting the process from 2004 to till date.I have only one proof conversation(document) between immigration officials and myself at the port of entry, i dont have any proof for the waiver acceptance in the year 2007.
Can we ask the USCIS
1)If am not eligible for H1 B,how can USCIS approved my H1 B and issued visa in 2007 upon waiver acceptance?
2)with the proof of conversation b/w immigration officials, can i claim that i am not doing any immigration fraud.

Please advice me on this.

Thanks
 
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