H-1B Visa

H-1B visa is reserved for "specialty occupations." Those that require a at least a bachelor's degree in a specific subject or closely related subjects.

What is a 212(a)(6)(c)(1) refusal of visa?

Question details

My entry into the United States was denied a few months back, and my H1B visa was canceled saying that I need to re-apply for a new visa and I agreed to that. A few days back I attended an interview on H4, but the interviewer was asking about the canceled visa and gave me a refusal worksheet Section 212(a)(6)(c)(1). I'm wondering what's happening here, could you please help me with this?

 

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FAQ Transcript

Having a 212(a)(6)(i) denial, which is related to fraud or misrepresentation in obtaining an immigration benefit, is a severe issue because it results in a permanent ban from entering the United States. This can occur in various situations, such as visa applications, petitions, or misrepresentation at the airport, involving both written and oral misrepresentations.

The problem lies in the fact that this ban is permanent, and obtaining a waiver is complex and challenging. The availability of waivers is limited, making these cases extremely difficult to resolve once you're caught in a 212(a)(6)(i) situation.

 

H-1B approved after the lottery, can we change employers? Multiple employers in H-1B lotteries

Question details

Question 1: Can my H-1B be approved after the lottery, and can I change employers?

Question 2: Do I need pay stubs for an H-1B transfer?

Question 3: Can I have multiple H-1B employers?

 

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Answer 1 : While there's no official answer, in our experience, you can transfer your H-1B even before October 1st when it's approved in August. No need for pay stubs from the previous employer, based on our experience.

Answer 2: If you never joined the employer, you won't have pay stubs, which is acceptable. Even if you join and leave the employer on October 1st without a paycheck, that's fine too.

Answer 3: Multiple employers are generally allowed unless they're connected or conspiring to manipulate the lottery, which is not allowed.

 

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Difference between H-1B consular processing and change of status

Question details

I am on my STEM OPT, and it is valid till July 2024.

My H1B was picked(March 2022) and approved(August 2022) last year.

However, my H1B was approved under the Consulate processing and received ( I-797 B). So, I asked my employer about it and got to know that I can change to H1 status whenever I intend to or after my stem opt expires.

I am planning to go to India in Oct for stamping. So I asked my employer to change my status to H1B, and they mentioned COS is not needed, I can directly go on STEM OPT and get my H1B visa stamped. It will automatically change the status to H1B.

 

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FAQ Transcript

Your employer is correct.