Fraud/Misrepresentation FAQs

I am exploring my options to file a new H1B and would be great if you could provide any suggestions or insights on my current situation.

My details are -

1) I have my I140 approved in 2013 with an Employer (XXX IT Services Inc) and had multiple successful H1B extensions until 2017.

2) My latest.H1B had an I-94 expiry date of May 30, 2017. The extension was timely filed on May 16, 2017.

3) The work location changed in October 2017 and an Amendment was filed when my above H1B extension petition was still pending.

4) Amendment Petition was upgraded to premium service in December 2017.

5) I continued to work for it until September 2019 as no decision was made by USCIS on my amended petition.

6) I exited the USA in October 2019 to join my wife and kids who were stuck in India for all these years.

7) In the middle of the year 2020, administrative processing was lifted on my petition and an RFE was issued. However, as I was already out of the USA, no response was given.

At this point, I came to know that my Employer (XXX IT Services Inc) got into a visa fraud and money laundering case and served a jail sentence as well by 2020. Employees weren't made aware of it at all. Probably that's the reason for not hearing this long.

My questions are-

(A) Will USCIS consider my stay between May 2017 and October 2019 as unauthorized, will there be a 10-year bar on me?

(B) Can I apply for a waiver of inadmissibility on the grounds of an administrative processing hold on my last petition and I left before the decision was taken?

(C) Will my employer's visa fraud case impact my H1B approval in the future?

If I am convicted of H1B/Green Card fraud or misrepresentation, resulting in a permanent entry ban, the following inquiries arise:

How soon must I depart from the US?

What will happen to my assets, such as my house and bank account funds? Will they be subject to seizure?

Can I sell my house and withdraw the money before leaving the US?

1. Have you taken cases of H1B or GC fraud or misrepresentation?

2. What are the consequences if caught - Just losing status and deportation? Can it lead to Jail in any case?

3. Can we fight back in court to justify our case and win against USCIS?

If someone gets around 50 parking tickets in a year, how would it affect visa / GC / citizenship?

My uncle has been a US Permanent Resident since Apr 2021, and recently he got into trouble with Shoplifting Theft (Misdemeanor B). The prosecutor is ready to lower the punishment to Misdemeanor class C theft along with 6 months of unsupervised deferred probation (fine of 99$) with NO CONVICTION. Also, after 2 years, he will have the option for the case to be expunged from the records.

Question: Will this create a legal problem with his current immigration status (LPR), and also, will he face issues after 4-5 years when he is ready to apply for his US citizenship considering the case has been expunged from the records?
 

I am on an F-1 visa and when I was working in a gas station I was caught for illegal distribution of cigarettes to underage. They issued a notice to attend the court. And my charge is 2927.02(B)(1) M4 under Ohio state law. I went to court, in front of a judge I plead guilty to the issue. I paid the fine on that day only. Later on, the case was shown on my SSN. Here are my questions,

1. Will it affect my OPT EAD card? Because I am going to apply in May.
2. Can I go and return from my home country?
3. In the future, do I need to face any issues regarding immigration?
4. Do I need to contact an attorney regarding this case? About any documentation.
 

In Summary, <br>
* I worked for the same Company from 2004 to 2014 (2004 - 2011 in US on H1B, and 2011-2014 in India)<br>
* BUT, after Green card, I did not work for the Company in US.<br>
* I don't have even a single paycheck from US Company after receiving GC.<br>
* Since then, I have been working in a job with same job description that my GC was filed for.<br>
* All other history is clean. I have two US born children, Always paid taxes on time, no legal cases.<br>

I heard from reliable sources that under current circumstances, my case will be marked as fraud and there is a 99% chance that they will revoke my GC and deport me, as I didn't stay with the employer that sponsored my GC.
<br>
Questions<br>
* Should I be really concerned?<br>
* What are my options?<br>
* I have the option of going back to the same employer now. Does that help?<br>
* If my wife applies for Naturalization instead of me, is that going to be any different?

I am working in USA with the J1 visa as Postdoctoral Fellow. In April 2017 my girlfriend tried to come to USA and she was refused under the section 212a, because she told to the TSA agent that they did not have a serious relationship with anybody in USA, and they found out that she had sentimental links to me checking her phone, we were in bad moment in our relationship by that time. She has double nationality Venezuelan/Italian and she was trying to get in USA with the Italian ESTA. They removed her ESTA for ever and they told her that If she wan to enter in USA she is going to need a visa. Then I got married with her trying to get a J2 visa for her but the consulate denied twice her application under the article 214b, one in August ( after got married in Venezuela, and the other one now in December (on December we went together because I had to renew mine, but not success for her one).

I would like to know is there anything change in recent EO's that prevent one get Green Card or USC when a person issued a SuperSpeeder ticket. Is this considered a misdemeanor?

1. I am on H-1B visa valid till sep 2018 , I came to India in November 2016 and applied for stamping of my visa here in New Delhi consulate , they kept my passport and some documents and told me it's in admin processing and will contact the client, as I was not working for that client during that time so they have rejected my visa after 3 months in January 2017 , the section they given for rejection is 212 (a) (6)(c)(i) which prohibits the issuance of visa for for fraud or willfully misinterpretation of fact. I check My USCIS online status of my H-1B says that my visa has been sent to the department of state. Will I be ever able to enter the USA ?
2.How to remove this Fraud charges on me?
3. I have a B1-B2 for 10 years in the year 2011, but that passport got lost in the USA, I got new passport from Indian consulate there and then I was traveling in H1-B mostly, So never bothered to inform and re-stamp my b1b2 visa from the consulate in India. How can I get my duplicate B-1/B-2 re-issued

I am planning to start an IT company in USA which is registered in India. Currently I am planning to travel on B1/B2 visa for my company set up. Can I transfer my visa status from B1/B2 to L1 if required within USA? What are the possible chances of success? Kindly you please suggest me the best way.