Port of entry issue for h1B - visa cancelled please advice

[ArchRaj]

I did h1b transfer to company B when i came back to India after 2 years work in USA for company A with valid visa stamped for around 3 years.
With new valid petition approval for new employer(company B) and valid visa from company A (expiring in 3 months) traveled to Chicago, unfortunately my visa got cancelled with prejudice since was unable to show LCA and other paperwork which i missed to carry.
Hence Immigration officer did not trust about my project availability and also questioned me about H1B payment and am sent back to India to get new stamping for new petition in US embassy.

1. My new employer made me responsibility to bare h1b transfer expense after giving signed letter saying h1b fee will be reimbursed with my 1st assignment/paid back with salary. Since with this letter it became part of business reimbursable expense, is it considered legal to pay?
2. Since have used only 2 years in my H1B Cap, can i apply for another h1b transfer (with no valid stamping) with company C ?
3. am i still eligible for Cap exempt when i apply for new petition with any new company or my application still goes with lottery process ?
4. my admission was denied and h1b cancelled, does this affect getting any other type of visa like F1/Green card from spouse/B1 ?

[raghvi]

I did h1b transfer to company B when i came back to India after 2 years work in USA for company A with valid visa stamped for around 3 years.
With new valid petition approval for new employer(company B) and valid visa from company A (expiring in 3 months) traveled to Chicago, unfortunately my visa got cancelled with prejudice since was unable to show LCA and other paperwork which i missed to carry.
Hence Immigration officer did not trust about my project availability and also questioned me about H1B payment and am sent back to India to get new stamping for new petition in US embassy.

1. My new employer made me responsibility to bare h1b transfer expense after giving signed letter saying h1b fee will be reimbursed with my 1st assignment/paid back with salary. Since with this letter it became part of business reimbursable expense, is it considered legal to pay?
2. Since have used only 2 years in my H1B Cap, can i apply for another h1b transfer (with no valid stamping) with company C ?
3. am i still eligible for Cap exempt when i apply for new petition with any new company or my application still goes with lottery process ?
4. my admission was denied and h1b cancelled, does this affect getting any other type of visa like F1/Green card from spouse/B1 ?

1. Yes it is illegal to pay. I don't think this is expense that you should be paying.
2. Yes
3. You would be cap exempt.
4. Maybe depends how deep they want to probe you paying for your own visa.
This is my opinion not legal advice.

[ArchRaj]

1. Yes it is illegal to pay. I don't think this is expense that you should be paying.
2. Yes
3. You would be cap exempt.
4. Maybe depends how deep they want to probe you paying for your own visa.
This is my opinion not legal advice.

thanks Ragvi

My current employer with new petition willing to refund the payment and cancel my petition now.
If they cancel h1b transfer petition which is valid till 2019, will have no valid petition for further transfer and old petition will expire soon !
will i be able to reuse cap exempt 4 years availability with new employer in future after an year gap as well ?

[Rahul Reddy]

H1 b cancelled

Hi archraj,

Even I had the same issue ,deported from airport with cancelled with prejudice.
I would like to know have you got any information about again applying for usa with other type of visa like f1,h4 etc.


Thanks ,
Rahul