H1b - visa Rejection- 221g

[nanshy]

Hi,

My cousin was rejected h1b today because the VO felt that one of his previous employer was a ****. His work experience is 4 years(2001-2005) and hes been working in a company YYYY 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 **** and asked him to withdraw his application. He said if you dont, then if I prove that its ****, 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.
Veena read that you can give very good advice. Please shed some light on this case too.

(1) We understand that this H1 is long gone. Is it possible for us to apply next year through another petitioner and dont **** 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

[rm_72756]

Not exactly the same ...

I posted similar situation of my relative who went for visa stamping. all his certificates were Genuine. The office said he is not eligible for the visa. He has his BSc degree with 2 year of diploma also he had his educational evaluation (credential evaluation) too. By looking the experience letter the office said alomost the same that if they see that your experience is ****, it is a criminal case etc etc. He asked if he would like to proceed or withraw. he told the officer to proceed. Then he checked the Degree etc. and said he is not eligible and sending his papers back. I think the officer is checking your response when he say "this is **** etc ... ". He got 221g and they sent all the papers back to US.
we contacted the lawyer in US and he said the officer can not say whether he is eligible or not. he can check the genuiness of the papers. Since they returned with the clause "ineligibility" the lawyer said once he get the paper he can try to convince them and probably can issue the visa again... As per him this is a valid case and he is very positive.
so we are waiting for that.

Thanks
RM

[ramsdream]

H1b withdrawn, need help

Hi Nancy, RM could you pls share your experiences what happend after the issue regarding **** exp. I got into same position. I need your great help.

Thanks.

[ramsdream]

Hib withdrawn

Pls send your replys to my emailid:[email protected]

[ramsdream]

Hi all,


Nanchy, Could you please let me know what happend after they withdrawing the application..

Your help greatly appreciated.

[C4us]

Original post is very old. You are not likely to get a reply.

The use of false documents is treated very severely. It can result in a permanent bar for receiving a visa. Why should a VO ever believe you once you have lied in order to obtain a US visa? While you might get a visa in the future, your chances are low and you should make plans to work somewhere other than in the US.

[ramsdream]

H1b **** Experiecne

So Does it mean that I will not able to get into US in any way? like visiting visa or student visas or H4? because VO said come next time with genuine docs.

If I joined into new compnay in any case if they apply B1 or L1 for me what about my situiation then?

Please share ur advises.

Thanks,
Ram