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H1 visa denied citing 222g

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  • H1 visa denied citing 222g

    Hi Immihelp,

    I was on H1B visa for the last three years(two H1s actually). Before that I was on F1 visa. When I went to mexico for getting my transfer from F1 to H1 stamping, they denied my visa stating out of status. I wasn't even given a transit visa to USA. So, I plan to fly from Mexico to India.

    I have my w-2s and have been working for the three years on my H1 visa ( this is my second employer). I have letters from my client manager and employer citing that I am working on the project right now and I have all the paystubs to prove it.

    My questions are:

    1) Can they deny my visa (back in India), citing that I was out of status?
    2) Can I apply for an emergency H1 visa when I have a valid reason that I should be back in my project?

    Thank you.

  • #2
    Visa is denied only for valid reasons. In your case, you changed from F to H first employer to H second employer. All the sequential dates need to examined carefully before a recommendation can be given.

    Please consult an attorney.

    Visa in application in Canada/Mexico pose inherent risk that if visa is denied, a person is not allowed to re-enter USA and has to fly back to home country from Canada/Mexico.


    • #3

      if i do have valid visa . my visa going to expire june2006, but i'm planing to go visa may'2006,if any thing happened wrong , shall i come back to USA.

      Please if any one know,pls post news thanks