H1B visa entry rejected and placed on expedited removal in 2008. Unfortunately I was not provided with any documents with the reason except rejection stamp on my H1B Visa page (stamped: I-275 and cancelled the visa with 22 CFR 41.122 (e) (2).
But I understand from the officer that my employer is black listed and they said I don’t have job in US and need to go back to my country. Even though I showed the offer letter and other documents they were not convinced.
It is more than 6 years now. Now one of fortune top 100 US based IT employer is ready to sponsor H1B for me (2014 quota).
I need experts help in answering my below questions.
1. Can I apply for fresh H1B for 2014?
2. As I don’t have any supporting documents, how can I get exact case details?
3. What is the exact meaning of the section: 22 CFR 41.122 (e) (2).
Appreciate experts help and advice how to proceed further. Also advise if I can hire any immigration expert attorney to help me. Thank you.
Hi Manu,
22 CFR chapter of the federal register and the sections therein refer to visa revocation. The officer made a determination 6 years ago that the basis for your H-1B does not exist any more. If it showed up on CBP computers, that means government filed criminal action against employer. To answer your questions - yes, you can apply for fresh H-1B without problem. You do not need details of previous occurrence except employer name and facts of what happened to you. H-1B denials, expedited removals and revocations are never applicant’s fault and Department of State recognizes this fact. You were marked for removal because your job disappeared or your employer was engaged in criminal proceedings of a very serious nature or both. Be careful this time around, research some basic facts on your sponsor.
Wish you the very best
Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu; sshankar@chu.edu
Hi Dr. Shankar, thank you for your reply and it was really helpful. This time I will be very careful. As I said my employer is a decent US based IT firm and good name in market hope I will not have this issue this time.
I have one more question.
As I was asked to leave on the same flight which I came (which is leaving in next 1 hr), I was not provided with any documentation and all the proceedings went very fast and also not given enough time to think and react. Being a foreign country and one of the officer told me that if I miss this flight I will kept in detained area and need to wait for next flight from same carrier (not sure when), I was not left with any option just accept the rejection and leave soon. Airlines crew member asked my destination city and come back with ticket.
Now my doubt: is there any ban on me. As I haven’t bought my return ticket. When I checked few forums it was told that I may have a ban for 3 year or 5 years max. It is already more than 6 years now, can I directly apply for fresh visa or I need to get clarity on ban (if any). Please suggest is there any quick way I can get my expedited removal documentations. Any call center I can reach or any help line email I can write.
Thank in advance.