H1b - visa Rejection- 221g

[nanshy]

Hi,

My cousin was rejected h1b today because the VO felt that one of his previous employer was a fake. His work experience is 4 years(2001-2005) and hes been working in a company XXX for the past 2 years(2003-till date). Before that, he was doing his part time masters. He felt that leaving a hole in his career might raise an eyebrow, so got an experience lette, pay slip from this company YYY.

The VO said company YYY is fake and asked him to withdraw his application. He said if you dont, then if I prove that its fake, then I will make sure you never leave for USA anymore. so better withdraw the application. He got his H1b and LCA from my cousin and said he wil be sending this back and then got a copy of the Company YYY letter. Asked my cousin to sign a withdrawal letter.

Please let me know your advice, thoughts on the following.

(1) We understand that this H1 is long gone. Is it possible for us to apply next year through another petitioner and dont fake that 2001-2003 period and say truthfully that he was doing his masters then? Will he be OK then?

(2) Will his records be there and be scruitinized on his next applications?

(3) Will this have any effect on the USA employer? (Please note that the VO didnt see any of that USA employer stuff, just got the H1b and LCA for sending it back)

Thanks a bunch ahead

Nand

 

[Ram_OH]

Fake

The VO is correct on his judgement. Your cousin faked the experience document. this is fact. he should be happy that vo didn't call the police or put a ban on the possport. Due to these kind of people only the entire process is so complicated nowadays and lot of legitimate people got rejected. Look at the number of documents needed to apply a new h1 or a revalidation today. In near future they might ask DNA sample to prove that you are not Fake.


(1) We understand that this H1 is long gone. Is it possible for us to apply next year through another petitioner and dont fake that 2001-2003 period and say truthfully that he was doing his masters then? Will he be OK then?
"Try for your luck next time"

(2) Will his records be there and be scruitinized on his next applications?
"Yes. Minimum 5 years on the computer"

(3) Will this have any effect on the USA employer? (Please note that the VO didnt see any of that USA employer stuff, just got the H1b and LCA for sending it back)
"I don't think so. "