visa revoked | What are the options

I am an employee of a US based MNC in India. I had a valid B1/B2 visa with multiple entries valid for 10 years. I visited US for a business trip back in August 2010 and was given i-94 with six months stamp. Due to business reasons and due to my health reasons i returned back to India in Jan 2011, i.e 5 and a half months(less than the allowed 6 months). US Embassy in India contacted me after 1 year and 2 months asking me to submit my passport. When i visited the embassy they asked me the reasons of my stay extending 5 and half months. I tried my best to explain but the embassy cancelled my existing visa under Section 212(a)(6)©(i) because they suspected that i was working on B1/B2 which was not the case. I have emails with me in which i have been asking my company to arrange for m return with the oncern that i do not want to stay too long. My company replied that their attorney has advised not to worry and stay there till 6 months as per port of entry.

After 9 months, i appeared again for the B1/B2 interview on 8th January 2013. This time again the interviewing officer asked me why is stayed for 5 months. She would have listened to me for 5 seconds and before i could finish she interrupted me. This time i was rejected and reason given was 214(b).

Now my company filed a H1b petition for me and told me it was not selected in lottery. I do not know how to make sure if they actually filed it for me. They forwarded rejecton letter to me but that does not have any applicant details.

Can i ask for some specific document that confirms they filed a H1b petiotion for me?

I am very specifically looking to understand what next step i should take.

a) Should i represent my case to embassy again through some attorney(writing a letter to them explaining the purpose of my stay being 5 months). I have a letter from my US client and my company specifying why my stay was for 5 months. i have some medical bills with me which show that i got sick in US. I ave some more supporting documents which i can show to the embassy.

b) I also met a consultant who assures me of getting this corrected(getting me a new B1 visa) through his links in embassy if i pay his fees. Yes, it sounds dubious to me as well, that is why i have still not used his services but do not see much options now

c) I can ask my company to file L1b for me, but my company is not too inclined for the same as they recently got a couple of rejections for L1b.

d) Can i expect some compensation from my company, legally or otherwise

I am just thinking about all the options that come to my mind, some of these might sound absurd but this is why am posting here, to know what i can do now.

Looking forward to some comments.

  1. It may not help. You already have 2 B-1 rejections against your file and they may heavily when re-appearing for B-1/2 interview. Do you have need to travel on B-1 right now?

  2. It’s a scam. There are no “links” that can get this done.

  3. You and your company should look at whether you qualify for L-1 or not

  4. No. Did you pay for the H-1?

Any stay over 2-3 months raises red flags and bring the suspicion that the person was doing productive work in US. That is why it is advised not to stay for more than 2-3 months even if I-94 has been granted for 6 months.

Thanks Saurabh,

Yes, i have an immediate need to travel end of this June for one month to client site. Hence, my company shall re apply for my business visa third time. I am not sure what i should do differently to not get rejected. I am planning to write everything in my visa form this time, mentioning how i had one revocation earlier and 1 rejection as well. I did not mention it last time specifically.

Any advice is more than welcome…

A lot is VO’s discretion. You should enter the information truthfully in the DS-160 form. If the VO rejects the visa, you can request him/her to at least put forward your case and explain the history (in brief).

Good luck!