Sent back from USA at PoE and Visa was revoked under 22 CFR 41.122 on my H1-B,Can I reenter USA agiain

USA H1B Visa
1

My H1B was selected for a Client A and Location A in 2015.(original petition)

I got I 797c ie first amendment on Client B and Location B got visa stamped November in 2016.

I traveled to USA after amending it again ie, second amendment for Client C and Location C with I 797c of this amendment.

I was stopped at Port of Entry stating that, “Your visa shows you can work at either of Location A or Location B, Location C and Client C was not present in Visa ie., petition on Visa was not showing any details about third amendment”.

also Your Third amendment was in Progress and you cannot travel to Location C until unless it is approved.

My Visa was revoked per 22CFR 41.122I was not allowed in to USA according to section 212(a)(7)(A)(I) of INA(Immigration and Nationality Act)I was also intimated by CBP officer that your original petition was as it is and was not revoked.

My Question here is:

Can I travel to USA in near future if my I 797 for Location C and Client C gets approved and I get the visa stamped to Location C and Client C

2

Sorry to hear about this. Yes, you may travel with Location C Client C approval plus visa stamping as the original was revoked. There is no time limit on this and no wait period. However, you must reapply in your home country and not from a country where you do not reside. Also a CBP officer is required to submit a packet to DHS on revocations, please ask your lawyer to provide you a copy.

3

Could you please let me know what is DHS, is it i867?

4

No. I-867 is given to the alien identified for expedited removal. You may or may not have been given one when this unfortunate event happened. The CBP officer is also required to file a report which goes to Department of Homeland Security (DHS). It is more detailed

5

cbp officer marked my visa as “Revoked by CBP”, Will this remain in my passport, or will it be replaced on getting my new visa stamped in the same place

6

It doesn’t matter. In fact, it is better that it stays. if not, that is ok too. The revocation by CBP stamp must be supported by your I-867 when asked at point of entry. Officers are known to point to CBP stamp and ask what that was all about. You will show them the I-867 and explain circumstances.

7

Hi,

I’m also in similar situation, My H1B visa revoked at POE becz they found resume on my phone nad they kept bar for 5 years.

I dont have any issue with the vISa, I got visa with my original resume.

Could anyone let me know if I can reaaply visa ?

Thanks,