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Hi, I had an H1B Visa Stamping interview at Mumbai Consulate. I was initially on L1B visa which expired in Feb 2021. My firm got my H1B petition and got my change of status approved in Oct 2020. I have a 797A document with i94 stating my validity till Oct 2023. However the consulate officer claimed I illegally overstayed on my visa and worked illegally over a year and handed me 212(a)(9)b2 and state i have a 10 year ban in the country. Was this correct and how can it be overturned?
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There is no ban for working illegally. The 9B ban is for unlawful presence. The 10-year ban is if you accrued more than 1 year of unlawful presence and then left the US. Unlawful presence is mainly determined by the date on the I-94. Since you had I-94s covering your entire stay, you couldn't have accrued any unlawful presence. So saying that you have this ban is clearly wrong. But I am not sure what you can do.
This is my personal opinion and is not to be construed as legal advice. -
Yes my i94 covered the entire stay so i am not sure on what basis did Consular officer determined my unlawful presence.
Do you think taking a new DS-160 appointment will help? Or is there any other way to explain this to US Embassy?Comment
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Does anyone have any other recommendation? Can an attorney help to remove the 212(a)(9)(b)2 since it was an error made by embassy.
Can i qualify for a waiver?
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