I was deported and got cancelled my B1 VISA

[shekhar_vai]

Hi all,

I would like to have your advice related to my H1 Visa stamping issue.I had been to USA for a period of 3and half months(Aug - Nov) in year 2000 on a B1 (business Visa). the Business Visa was given for a period of 6 months(Aug2000-jan 2001) when it was issued to me. At the port of entry in USA,the immigration officer gave me I-94 with maturity period of 1 month. But, at the advice of my Company, I applied for an extension of this I-94 for two more months. Then, I received a notice of action from INS saying that it will take 120 days of processing time to decide my case. Hence, I stayed for total 3 months in my 1st visit to US, with an overstay of 2 months.

I came back to INDIA, in nov 2000. In December 2000, I was again told to go to USA by my Company for work. The Company told me to go on the same B1 visa as it was a multiple entry visa and expired only on January 2001. Hence, I went to USA for the 2nd time in December 2000. At the port of entry in USA,the immigration officer interrogated me and found that I had been to USA for 3 months before and had extended my stay. Furthermore, he also found out that I had invoices of my previous visit and I had to show the same. The immigration officer said that on a B1 visa, one cannot do billable work, and that I have to get a fresh H1 visa for work related visits.

I was sent back to INDIA from the port of entry by the Immigration officer and my B1 VISA was cancelled. The reason they stated was that I cannot come on B1 to resume the previous work. Immigration authoity also said that they will not impose any ban on me which would prevent me to visit USA again, I can get H1 visa in INDIA and then I can come back to USA. This, provided I can convince the US consulate in INDIA and get H1 visa.

Since I was unaware of this mistake, they given me a chance to go back to INDIA and get the right VISA that is H1 visa for the right purpose. Now I am having H1 Visa papers from the same Indian company, and I would like to take a chance for H1. but the situation is worse and Immigration security is also at the high alert in USA.

Please advice me on the same also help me in guiding to take proper steps towords H1 stamping in INDIAN consulate.

Please help me.

Best Regards
shekhar

 

[Patricia wade]

No Title

The same thing happened to me. I am now applying for an L1 Visa. You will still be able to apply for the H1 and have no problem as the Immigration Law states that decisions are made on the facts at hand and will not "prejudice" further decisions. Once you get the approval notice you just take it to the Consulate and off you go to the US. I know they are being very strict on countries like India. You will just have to contact the US Consulate in your country and ask them about the situation. When applying for the visa at the consulate make sure that you have the proper documentation. A letter stating the reason you were denied entry, the purpose for your trip and anything that will show them you have ties in India i.e. House, family, bank accounts. A contract from you employer stating the amount of time in the Us etc. I hope this has been some help.

 

[Bikki]

Can we apply GC from any state irrespective of Employers office ???

I am working in Michigan and my employer is from Michigan, as the Labor process for GC is faster in Ohio, I wanted to apply GC from Ohio.
Does the employer need to have any office in Ohio to do the above ? If not, are there any other restrictions ? Does anything stops me from applying GC from which ever state I want ?