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HIB got rejected at POE

Seattle, WA |

Hi,

I had Travelled to US on H1b in 2010. Later when I was traveling again, my visa is cancelled at Seattle POE and I was sent back home stating that you don't have LCA which my employer did not gave to me.

I was told that we are not imposing any Ban on you and just go back and reapply the visa as its employer fault. Then I tired for B1 visa twice and was rejected , when I mention the above things in DS-160 form. Now my company is applying for L1A visa and I am worried on same. Did I tell in forms now that my h1b got rejected and sent back from POE as it will again affect L1 processing.

Attorney Answers 3

Posted

Talk to the immigration attorney doing the L papers ... not someone in HR ... .not a legal assistant ... not a manager, nor a secretary.

Simple Answer: You were denied entry ... not denied a visa ... keep that in mind when reading the questions.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Posted

I agree with my colleague. You have to be candid in your answers in the DS160 but you have to ensure you are answering the right question. A denied entry, nor a denied visa should jeopardize your chances of being approved for the L visa unless there are other issues. Definitely discuss this issue with the attorney who is doing this process or perhaps, you may want to think about hiring independent counsel. Good luck!

The answers provided should not be considered legal advice. They are for general information only. It is always recommended you consult with an attorney prior to taking any action.

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Posted

I agree with my colleagues.

Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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