My H1B visa got rejected

[Darin New]

My H1B visa got rejected in 2015 with 212(a)(6)( C )(1) with no waiver. I asked my lawyer to check the reason for the refusal. USCIS refused to give me a valid reason for the same. My priority date for GC is Dec 2011 India. If it becomes current, can I apply for consular processing? If yes, which consulate should I go to for processing? My visa was rejected in the US consulate (India).

By the way, after refusal, I applied for permanent residency in Australia and got the grant. I am staying in Australia now. Please let me know.

Thanks,
Darin

 

[wagecuck3]

INA 212(a)(6)(C)(i) is misrepresentation. There is a waiver available only in rare "extreme hardship" situations. You will not be able to get an immigrant visa unless you can establish to the satisfaction of the consular officer that the misrepresentation did not occur or, if it did occur, that it was not willful (perhaps your employer lied about something that you weren't aware of) or that it was not material.

 

[SusieQQQ]

INA 212(a)(6)(C)(i) is misrepresentation. There is a waiver available only in rare "extreme hardship" situations. You will not be able to get an immigrant visa unless you can establish to the satisfaction of the consular officer that the misrepresentation did not occur or, if it did occur, that it was not willful (perhaps your employer lied about something that you weren't aware of) or that it was not material.

I doubt the last (arguing it wasn’t material) will work, as the law only allows for that refusal code to be used when the official is certain there was deliberate, material misrepresentation:

Criteria for Finding
a. In order to find an alien ineligible under INA 212(a)(6)(C)(i), the consular officer must determine that the following four elements have been satisfied:
(1) There has been an affirmative act of misrepresentation made by the applicant (see 9 FAM 302.9-4(B)(3));
(2) The misrepresentation was willfully made (see 9 FAM 302.9-4(B)(4));
(3) The fact misrepresented is material (see 9 FAM 302.9-4(B)(5); and
(4) The alien by using fraud or misrepresentation (see 9 FAM 302.9-4(B)(2)) seeks to procure, has sought to procure, or has procured a visa, other documentation, admission into the United States (see 9 FAM 302.9-4(B)(7) paragraph a), or other benefit provided under the INA (see 9 FAM 302.9-4(B)(7) paragraph b).
https://fam.state.gov/fam/09FAM/09FAM030209.html#M302_9

Unless OP can argue as you say that it was made by the employer and s/he was unaware of it, I think this will very difficult to overcome.