Please Help...Urgent

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Nikhil_Indian

Registered Users (C)
got my H1 B approved in October and came to India in
Janury to get it stamped.I had an appointment with the
US Counsulate on Feb 14
and went to GET MY hIb stamped.The Officer talked to
me ,and had a good conversation with me,told me that i
will get my Visa in 4-5 working days.
Days were over but i didnt get my Passport.Then i got
a letter from the Us Consulate that my Application is
under Adminstartive prpcessing.Then i planned to
go to the US Consulate to check how long it will take
since i had to go back to the US.
The officer told me that he cannot let me know how
long it will take; it may take several weeks,or
months.I checked over the internet and saw that there
were lot of
cases pending under administtive work from very long.

In the meanwhile; US Embassy tried to contact my
employer whom I worked for in India to verify my
employment status;
but since my Manager was driving he was not able to
talk at that time as he was pulled over by the police
officer for talking over the cell phone while driving
He tried calling the number back, from where he
recieved the call, but was not able to talk to the
right person since he was calling from the hopping
number.

Since it was taking a bit too long; I decided to go
back to US and withdraw my case as i was not at all
ready to stay away from my husband due to which I was
getting sick.

I decided to go back to the USA on H4 and informed my
employer to withdraw my H1B petition. thus my employer
informed our attorney and they faxed a withdrawl
letter to the US Embassy
New Delhi to withdraw my petition.

After reaching the US; they gave me the entry on the
basis of my H4 visa thus I got my status converted
back to H4 from H1B. since; I got the entry and I was
not working
I continued to be a home make and lived as a dependant

In August,2006, me and my husband planned to go to UK
on a short vacation.While coming back from UK my
husband got the entry in US but i was denied entry to
US ubder
212 6ci Act of immigration.
The officer took me to the Security Officer and there
they told me that i cannot get entry to US since i
misrepresented my Hi B application and i only had 2
options ....
(1)Withdraw my application,go back to my home country
and then see the Us counsulate or else they will put a
ban on my passport that i will not be able to enter Us
for atleast
next 5+years.So i decided to withdraw my application
and now i am here in India with my husband who is a Hi
B Visa holder.

Please help me guys as I am stuck here in India. Please advice what needs to be done or if there had been anyother person in a similar situation
 
What do they mean by “Misrepresented my Hi B application” H1application/petition is filed by US employer” did your H1 petition had wrong info on EXP letters, educational documents? Do you have the copy of H1 petition that was filed lawyer/employer (LCA+I-129) where are you in India. Is your husband in US?
 
Nikhil_Indian said:
got my H1 B approved in October and came to India in
Janury to get it stamped.I had an appointment with the
US Counsulate on Feb 14
and went to GET MY hIb stamped.The Officer talked to
me ,and had a good conversation with me,told me that i
will get my Visa in 4-5 working days.
Days were over but i didnt get my Passport.Then i got
a letter from the Us Consulate that my Application is
under Adminstartive prpcessing.Then i planned to
go to the US Consulate to check how long it will take
since i had to go back to the US.
The officer told me that he cannot let me know how
long it will take; it may take several weeks,or
months.I checked over the internet and saw that there
were lot of
cases pending under administtive work from very long.

In the meanwhile; US Embassy tried to contact my
employer whom I worked for in India to verify my
employment status;
but since my Manager was driving he was not able to
talk at that time as he was pulled over by the police
officer for talking over the cell phone while driving
He tried calling the number back, from where he
recieved the call, but was not able to talk to the
right person since he was calling from the hopping
number.

Since it was taking a bit too long; I decided to go
back to US and withdraw my case as i was not at all
ready to stay away from my husband due to which I was
getting sick.

I decided to go back to the USA on H4 and informed my
employer to withdraw my H1B petition. thus my employer
informed our attorney and they faxed a withdrawl
letter to the US Embassy
New Delhi to withdraw my petition.

After reaching the US; they gave me the entry on the
basis of my H4 visa thus I got my status converted
back to H4 from H1B. since; I got the entry and I was
not working
I continued to be a home make and lived as a dependant

In August,2006, me and my husband planned to go to UK
on a short vacation.While coming back from UK my
husband got the entry in US but i was denied entry to
US ubder
212 6ci Act of immigration.
THE 212(A)(6)(C) INELIGIBILITY: Applicants should be very careful to be truthful in all areas of their visa applications. Applicants who wilfully misrepresent material facts in their immigrant or non-immigrant visa
applications can be found ineligible to enter the U.S.; under some
circumstances, permanently. If you present forged, counterfeit or
otherwise bogus documents you are likely to fall under this provision of
the law.

Your H1 visa stamping was on-hold due to Admin verification process, means counsel was suspicious with your H1 visa, may be your status, Educational Qualification, experience or Employer credential. Though you withdraw your visa stamping process the admin checking never closed out and must have showed in the system that you committed fraud in your case. Unless you find out what is went wrong, there is no cure, your visa will get rejected once again if you go to embassy. But atleast you can come to know what went wrong with your case.

Few doubts, while reconverting your H4 from H1, did you get approval with I 94 intact ? Do you have all genuine certificates? go through each paper work also you can contact your sponser company what papers did they submit to USCIS?

Since your Indian employment is not verifiable by the counsel, it may be also one of the reason.




The officer took me to the Security Officer and there
they told me that i cannot get entry to US since i
misrepresented my Hi B application and i only had 2
options ....


(1)Withdraw my application,go back to my home country
and then see the Us counsulate or else they will put a
ban on my passport that i will not be able to enter Us
for atleast
next 5+years.So i decided to withdraw my application
and now i am here in India with my husband who is a Hi
B Visa holder.

Please help me guys as I am stuck here in India. Please advice what needs to be done or if there had been anyother person in a similar situation
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