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H1b visa is stamped and valid till sep 2020, but travel denied

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  • H1b visa is stamped and valid till sep 2020, but travel denied

    Hi Team

    Here is my situation. I have an approved H1b visa stamped on april 2018 and valid till sep 2020. Now last day i had traveled to US (same city what's mentioned in the LCA), but during the immigration check at Abudabi, they denied my travel asking two questions

    1. Why you didn't travel after stamping the visa on april 18. I replied because of my personal issues i couldn't travel that time and i was waiting for the next opportunity. Officer asked why this was not informed to embassy.
    2. In my company offer letter, its mentioned I am being transferred to my company in US (my company has got office in india as well as US). Officer said if you are transferring then you need L1 visa.

    Because of this they didn't do the immigration clearance and i was told to return and contact the embassy about this.

    I need guidelines on this. I will get the correct offer letter from my company stating i've resigned from company in home country and joining onsite company. Will that be sufficient.
    For contacting embassy, should drop box be sufficient

    please help me with your valuable advice/suggestion

    ​​​​

  • #2
    You were denied for a valid reason. A "Visa" is a document used to enter the US for that specific class.
    Getting a H1 stamp means that there is a job, you qualify, and your work is needed now. The time gap is quite long from stamping to trying to enter the country which would make the Immigration Officer wonder if there actually is a job for you now.

    H1 & L1 are two different classes, the latter being given to MNC intra company transfers. Per your own company letter, you should seek an L1.

    If you want to return on H1, then get with the company lawyer and have them review the H1 case. They may need to file an amendment and give you the new 797 paperwork.You can then re-apply for a visa.

    Opinion only. Cannot be construed as legal advice.

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    • #3
      Hi R78,

      Thanks for your reply. I have the Client letter which says I need to work from onsite. The letter issued by my company was an incorrect one. Due to the system upgrade, they had issued an L1 assignment letter by mistake. Now they are giving me the right letter which says I am appointed to work onsite as per my H1 visa. Will this be enough to travel again.

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