H1B rejected with 212(a)(6)(C)(i)

[sunil0912]

my H1b visa was rejected in 2012 and below is email i received (i have stayed in US for 4 years and came India to get H1B stamped after the extension is approved)

Perduant to 9 FAM 41.53 N2.3, the reviewing officer has decided that the petition should be returned to the US citizenship and Immigration services (USCIS) with the recommendation that it be revoked. the process includes review by the Nonimmigrant visa chief. when uscis receives the returned petition, they will contact petitioner, who will have an oppurtunity to rebut consular findings concerning the case. if the USCIS revokes the petition, the beneficiary may become ineligible for a visa under immigration and nationality act section 212(a)(6)(C)(i) (or other appropriate section). if USCIS re-affrims the petition, the petition will b erturned to post for further processing.
warning: if you fail to take the action requested or fail to present additional evidence sufficent to overcome your visa denail under section 221(g) of the immigration and nationality act within one year of the refusal date, section 203(g) of the act requires that your application be cancelled.

since than i have joined indian MNC and my current company is planning to apply H1B next year (2014). am i eligible to apply H1B next year or i am not eligible to enter US life long?

[Nattybone]

Sorry to read about your H1B, Sunil.

What was the reason behind this revocation? This particular section applies to what?

May you be lucky next time.

Cheers,

my H1b visa was rejected in 2012 and below is email i received (i have stayed in US for 4 years and came India to get H1B stamped after the extension is approved)

Perduant to 9 FAM 41.53 N2-3, the reviewing officer has decided that the petition should be returned to the US citizenship and Immigration services (USCIS) with the recommendation that it be revoked. the process includes review by the Nonimmigrant visa chief. when uscis receives the returned petition, they will contact petitioner, who will have an oppurtunity to rebut consular findings concerning the case. if the USCIS revokes the petition, the beneficiary may become ineligible for a visa under immigration and nationality act section 212(a)(6)(C)(i) (or other appropriate section). if USCIS re-affrims the petition, the petition will b erturned to post for further processing.
warning: if you fail to take the action requested or fail to present additional evidence sufficent to overcome your visa denail under section 221(g) of the immigration and nationality act within one year of the refusal date, section 203(g) of the act requires that your application be cancelled.

since than i have joined indian MNC and my current company is planning to apply H1B next year (2014). am i eligible to apply H1B next year or i am not eligible to enter US life long?

[raghvi]

Sorry to read about your H1B, Sunil.

What was the reason behind this revocation? This particular section applies to what?

May you be lucky next time.

Cheers,

This section refers to

In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible. .

There is high chance of having another Admin Processing delay the next time a visa is applied. One would have to see who misrepresented the facts, the employer or employee.

This is my opinion not legal advice.

[sunil0912]

This section refers to

In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible. .

There is high chance of having another Admin Processing delay the next time a visa is applied. One would have to see who misrepresented the facts, the employer or employee.

This is my opinion not legal advice.

my employer has filed petition as in house project as client is not ready to provide client letter .. to support the petition he created few documents which USCIS came to know they are **** when they did the back ground check .. i got yellow slip when i went to visa and got rejection 9 months latter .. mistake from my end .. i strongly said i was working in house project during interview .. all my education and exp certificates are genuine.