Re-entry into the US, if earlier H-1 visa revoked under INA 222g for I-94 overstay

[sprash]

I am asking this question for one of my friends who is working in the US, but recently got his H-1 visa revoked under INA 222g by a CBP Officer as he overstayed beyond his I-94 date (by about 4 months). He agreed to take "Voluntary Departure" & is going to return to India (his home country) within a month. I need clarification for two questions in this regard:

1. As he overstayed for less than 180 days & took Voluntary Departure, as per the rules he is eligible to apply for a new H-1 visa from India to go back to the US. His US Employer has agreed to support/sponsor him when he applies for his new H-1 visa. However, will he face any problems when entering the US, as the CBP officers will know that he overstayed on his earlier I-94 & his visa got revoked under 222g? Will the CBP officers refuse his entry based on that fact alone?

2. As he can apply for a new H-1 visa only next year (since this year quota already got filled), he is planning to take up a job in another foreign country (Singapore or UAE) and while he is working there, he plans to apply for the new H-1 visa to work in the US for his US Employer. Is it possible to apply for his H-1 visa from a foreign country - because I guess as he got his earlier visa revoked under 222g, he can only apply for new H-1 visa from his home country (India), right?

[rkk09]

Hi,
Please see my response below.
1. As he overstayed for less than 180 days & took Voluntary Departure, as per the rules he is eligible to apply for a new H-1 visa from India to go back to the US. His US Employer has agreed to support/sponsor him when he applies for his new H-1 visa. However, will he face any problems when entering the US, as the CBP officers will know that he overstayed on his earlier I-94 & his visa got revoked under 222g? Will the CBP officers refuse his entry based on that fact alone?
Answer: Yes. Of course. It will surely make the question at the time of stamping Interview as well as CBP checking.. But, If you have approved new petition and valid Employment you will not have much tough. But, Please prepare Answer for the question related to this.

2. As he can apply for a new H-1 visa only next year (since this year quota already got filled), he is planning to take up a job in another foreign country (Singapore or UAE) and while he is working there, he plans to apply for the new H-1 visa to work in the US for his US Employer. Is it possible to apply for his H-1 visa from a foreign country - because I guess as he got his earlier visa revoked under 222g, he can only apply for new H-1 visa from his home country (India), right?
Answer: Third country visa stamping is possible. But, Please check concern country US embassy whether they accept third country nationals visa application or not.
Thanks

[newacct]

Since he triggered INA 222(g), he can only apply for US visas in his country of nationality for the rest of his life (unless there are exceptional circumstances).

[sprash]

Hi,
Please see my response below.
1. As he overstayed for less than 180 days & took Voluntary Departure, as per the rules he is eligible to apply for a new H-1 visa from India to go back to the US. His US Employer has agreed to support/sponsor him when he applies for his new H-1 visa. However, will he face any problems when entering the US, as the CBP officers will know that he overstayed on his earlier I-94 & his visa got revoked under 222g? Will the CBP officers refuse his entry based on that fact alone?
Answer: Yes. Of course. It will surely make the question at the time of stamping Interview as well as CBP checking.. But, If you have approved new petition and valid Employment you will not have much tough. But, Please prepare Answer for the question related to this.

2. As he can apply for a new H-1 visa only next year (since this year quota already got filled), he is planning to take up a job in another foreign country (Singapore or UAE) and while he is working there, he plans to apply for the new H-1 visa to work in the US for his US Employer. Is it possible to apply for his H-1 visa from a foreign country - because I guess as he got his earlier visa revoked under 222g, he can only apply for new H-1 visa from his home country (India), right?
Answer: Third country visa stamping is possible. But, Please check concern country US embassy whether they accept third country nationals visa application or not.
Thanks

Thanks for the helpful advice, rkk09