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B1/B2 visa was cancelled as per section 7A

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  • B1/B2 visa was cancelled as per section 7A

    So this is what happened:
    When filing for the visa at the U.S. embassy, i said that i was travelling for about a month, because project was estimated for that period of time. Got my visa approved. Flew out.
    At immigration they asked how long i intend to stay. I said 3 months because my company booked return ticket after 3 months. They asked why the difference in period when filing and now. I explained that the project scope for which i was going had increased. The officer did not agree with that and deferred me to customs for further investigation.
    During this second investigation, I handed over client letter to the officer in charge. He contacted the client and was not happy with the answer. He then contacted a person in my office in the U.S. branch. The concerned person did not know that i was coming on a buisness visa and said that he would have liked me to stay for 1-3 years assuming i was on a H1 visa. This was due to lack of communication within my company.

    Anyway my visa was cancelled saying that i needed a work visa and i was asked to withdraw my application and sent back.

    Questions:
    1. How damaging is this to my future prospects?
    2. How safe is it to file for another B1/B2 visa? And after how long must i try to file one?
    3. Should I file for a L1 visa rather? after how long must i try to file one?

  • #2
    You are lucky that they suggested that you withdraw your Application for Admission at the port of entry. The alternative would have for them to deny your Application for Admission, and then subject you to Expedited Removal.

    1. Chances are you will be okay applying for future visas, unless CBP officers describe your actions in their notes as an attempt to procure admission by misrepresentation. You will be subject to extra scrutiny, but you won't be barred from future visas like you would if they accused you of misrepresentation.

    2. You have not described the details of your job and the nature of your intended business activities in the United States. I am going to jump to the conclusion that your intended activities are outside the scope of a B-1 visa. I don't know what you told the Consular Officer who issued your visa, but it is clearly not consistant with what your employer expecting of you. I think you would be wasting your time and money applying for another B visa, and if you get it, flying back to the US only to get rejected again at the PoE.

    3. You shouldn't be filing anything. Your employer needs to file for a H or L visa as the case may be. It is tempting to try to stretch the definition of a B-1 visa because of the worldwide caps on H visas and the very low approval rate of L visas in India. But, you live as a cautionary tale to others this trick often backfires. L visas have a low approval rate there because employers are setting up business structures make use of L visas as a backdoor to the H visa caps. This of course makes life harder for legitimate L visa petitioners and beneficiaries, because Consular Officers outlook is colored by how frequently they see un-approvable petitions.

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