I'm currently in India and have a approved H1 B, need info for getting it stamped. Please Help.
Case Details:
- I was sent back from Detroit airport in July 04 when I was coming for the second time on B1 visa after 3 weeks interval. The explannation that was given said that I should have came here on a visa to work not on B1 B2 as they found application of H1 petition in my bag.
Following ACT/SECTIONS were marked on by passport (Explanantion of this is given below):
212 (a)(5)(A)
212 (a)(7)(A)(i)(I)
Queries:
- DO I need any waiver for getting Visa stamping or when I arrive here at port of entry?
- what problems I can face at INS counter in US if Embassy stamps my visa in delhi?
- Are there any forms/procedure that can be followed to prove that my company was at fault not me by sending me to work for client on a wrong visa type
- what kind of questions can be asked at Consulate and at port of entry?
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(copy and paste the entire url):
http://uscis.gov/lpBin/lpext.dll/in...lb-2008?f=templates&fn=document-frame.htm&2.0
INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY
212 (a)(7)(A)(i)(I):
(7) Documentation requirements.-
(A) Immigrants.-
(i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission-
(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a), or
212 (a)(5)(A)
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
Case Details:
- I was sent back from Detroit airport in July 04 when I was coming for the second time on B1 visa after 3 weeks interval. The explannation that was given said that I should have came here on a visa to work not on B1 B2 as they found application of H1 petition in my bag.
Following ACT/SECTIONS were marked on by passport (Explanantion of this is given below):
212 (a)(5)(A)
212 (a)(7)(A)(i)(I)
Queries:
- DO I need any waiver for getting Visa stamping or when I arrive here at port of entry?
- what problems I can face at INS counter in US if Embassy stamps my visa in delhi?
- Are there any forms/procedure that can be followed to prove that my company was at fault not me by sending me to work for client on a wrong visa type
- what kind of questions can be asked at Consulate and at port of entry?
--------------------------------
(copy and paste the entire url):
http://uscis.gov/lpBin/lpext.dll/in...lb-2008?f=templates&fn=document-frame.htm&2.0
INA: ACT 212 - GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY
212 (a)(7)(A)(i)(I):
(7) Documentation requirements.-
(A) Immigrants.-
(i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission-
(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a), or
212 (a)(5)(A)
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.