Legal Question in Immigration Law in Washington

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.


Asked on 1/26/13, 11:19 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

You are signing the form under penalty of perjury. So, if you are caught lying, or intentionally omitting some pertinent information, your visa can get denied for that reason.

I don't see why an L-1A would be denied, solely based on the prior denial of an H-1B visa, barring some sort of underlying fraud.

(However, an LCA is required to get an H-1B petition approved by USCIS. So, I do not understand why the H-1B was denied at the Consulate. The employer could have just faxed the LCA to the Officer. Perhaps there is more to that story??).

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Answered on 1/29/13, 11:15 am


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