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I am working as a CTO for an Indore-based infotech company. A US employer sponsored me for an H-1B visa in February 99. My employer was, however, not in a position to get a single job for me. He did not pay my salary for six months. I, then, decided to return to India in August 99. In November 2000, I received an offer from another US company. My employer informed me that I could enter the US on the earlier
H-1B visa. At the port of entry, at Atlanta, the Immigration Officer cancelled my H-1B and deported me to India.
Now, I have an approved H-1B with all the relevant papers. Can I return to the US, after being deported under Section
212(a)? The deportation has been recorded on my passport.
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US immigration law does not permit aliens to enter the country to work for an employer on an
H-1B visa sponsored by a different employer. The US Immigration Officer, at the port of entry, denied admission, as you had unwittingly violated the immigration laws of that country. In addition, the previous employer could have applied for cancellation of your H-1B visa.
Please ask the company, which processed your current H-1B, to check with their lawyer whether you can go for stamping. From the case details available, our lawyers are of the opinion that you could be debarred for a period of three years. But whether the law applies to you because of certain reasons such as non-payment of salaries etc remains to be seen. The best judge of your case is your new employer, who has applied and processed your
H-1B visa. Does you employer know that you have been deported from the US?
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