Re-applying H1B visa

[Kp3105 1]

ASKING FOR A FRIEND. 
 

My friend completed his Masters from a university in the states and got a job offer from company A. His H1B got approved in the lottery and company A applied for sponsorship for the same. 

 

while this was happening he got a better job offer from Company B and decided to take it. 
 

company A never withdrew sponsorship application and company B never applied for one. 
 

He was questioned for the same and deported back. 

 

how can he re apply or re-enter the states? 

[Nitas_man 3,100]

After being deported?

 

Technically (under the law) he overstayed and worked illegally.  He can’t “just come back”.  Sorry.

[Kp3105 1]

Just now, Nitas_man said:

After being deported?

 

Technically (under the law) he overstayed and worked illegally.  He can’t “just come back”.  Sorry.

He didn’t overstay. His visa was sponsored by company A and he worked for company B. 
 

the first company has acknowledged their error about not withdrawing the sponsorship application and he wasn’t aware about this technicality. 
 

I know he can’t just come back, but what other options does he have? 

[Nitas_man 3,100]

1 minute ago, Kp3105 said:

He didn’t overstay. His visa was sponsored by company A and he worked for company B. 
 

the first company has acknowledged their error about not withdrawing the sponsorship application and he wasn’t aware about this technicality. 
 

I know he can’t just come back, but what other options does he have? 

Get a job in his home country.  Rules are clear.  They got broken.  No “option”

for that.  What are you expecting to hear?

[Chancy 6,233]

7 minutes ago, Kp3105 said:

He didn’t overstay. His visa was sponsored by company A and he worked for company B. 

 

He violated the terms of his H1B by working for a company other than the sponsoring employer.  With a visa violation and deportation on his record, I doubt he can find another US company willing to sponsor him or be granted another H1B visa.

 

[milimelo 4,270]

47 minutes ago, Kp3105 said:

ASKING FOR A FRIEND. 
 

My friend completed his Masters from a university in the states and got a job offer from company A. His H1B got approved in the lottery and company A applied for sponsorship for the same. 

 

while this was happening he got a better job offer from Company B and decided to take it. 
 

company A never withdrew sponsorship application and company B never applied for one. 
 

He was questioned for the same and deported back. 

 

how can he re apply or re-enter the states? 

You serious? Knowingly going through with visa for work for company A and at all times knowing you won’t work for them but for company B is visa fraud. Scammed the company A and probably misrepresented himself at visa interview as well. 
 

Stay and work in your home country - there won’t be re-entry for you. 

[arken 4,197]

48 minutes ago, Kp3105 said:

He didn’t overstay. His visa was sponsored by company A and he worked for company B. 
 

the first company has acknowledged their error about not withdrawing the sponsorship application and he wasn’t aware about this technicality. 
 

I know he can’t just come back, but what other options does he have? 

So he worked for the company B without first applying for H1B transfer by that company? Remember, company A doesn't need to withdraw the sponsorship so that's not a problem. Your friend should have started working for company B only after initiating H1B transfer. Not doing so means H1B violation from the moment he stopped working for the former company. It's your friend's fault. He can go for it again but denial will be very likely.

Edited June 2, 2021 by arken

[Crazy Cat 39,803]

1 hour ago, Kp3105 said:

the first company has acknowledged their error about not withdrawing the sponsorship application and he wasn’t aware about this technicality. 

"Technicality"?  Visas all have rules.  It's up to the visa holder to know and abide by those rules.

Edited June 2, 2021 by Lucky Cat

[SusieQQQ 11,585]

1 hour ago, Kp3105 said:

He didn’t overstay. His visa was sponsored by company A and he worked for company B. 
 

the first company has acknowledged their error about not withdrawing the sponsorship application and he wasn’t aware about this technicality. 
 

I know he can’t just come back, but what other options does he have? 

So he worked for company B without authorization. It has nothing to do with what company A did or didn’t do. It has everything to do with company B hiring him without authorization and him working for them without authorization. Visa violations are not looked on kindly. He can try get another company to sponsor him and see if he can get a new work visa approved by a consulate but I think that would be tough with this history.

 

 

[Boiler 43,828]

The people to talk to are Company B and their Lawyers. I assume they will need to apply for a visa for him.

[SusieQQQ 11,585]

2 hours ago, Kp3105 said:

He was questioned for the same and deported back. 

Curious as to how he came to the attention of DHS?  It wouldn’t be through the IRS so...what did he do to bring himself onto their radar? Or did he leave the US and try re-enter on that H1B?
 

15 minutes ago, Boiler said:

The people to talk to are Company B and their Lawyers. I assume they will need to apply for a visa for him.

Very good point, as they were the company in the wrong.... though I would suspect there was a reason company B was so negligent about meeting the legal requirements in the first place that would make them reluctant to do this.

[AJ2019 58]

11 hours ago, Kp3105 said:

He didn’t overstay. His visa was sponsored by company A and he worked for company B. 
 

the first company has acknowledged their error about not withdrawing the sponsorship application and he wasn’t aware about this technicality. 
 

I know he can’t just come back, but what other options does he have? 

I agree with above comments. This scenario is akin to a person submitting an application to sponsor Spouse A, but divorcing Spouse A, and bringing Spouse B  to US using Spouse's A application. It just doesn't work.

 

There is no technicality that can be remedied, it's misrepresentation and the visa laws don't substitute sponsors/applicants like that. 

[Coco8 1,039]

Maybe your friend transmitted the information incorrectly. If it's like you said, this is a big mess and he should have known when all of this was happening. It makes no sense to switch jobs when you just got an H1B which is based on a lottery. Not everyone is as lucky. Also, your friend should have followed up with company B and clearly company B was  a mess if they didn't do the paperwork correctly -- that's not a good/better job than company A. This is the type of stuff you ask about to HR before accepting an offer.

[igoyougoduke 1,621]

On 6/2/2021 at 3:58 AM, Kp3105 said:

ASKING FOR A FRIEND. 
 

My friend completed his Masters from a university in the states and got a job offer from company A. His H1B got approved in the lottery and company A applied for sponsorship for the same. 

 

while this was happening he got a better job offer from Company B and decided to take it. 
 

company A never withdrew sponsorship application and company B never applied for one. 
 

He was questioned for the same and deported back. 

 

how can he re apply or re-enter the states? 

that makes no sense. its like getting visa to canada and trying to enter US.  if he violated than it possibly has 10 year ban. 

Edited June 3, 2021 by igoyougoduke

[wagecuck3 31]

On 6/2/2021 at 6:58 AM, Kp3105 said:

ASKING FOR A FRIEND. 
 

My friend completed his Masters from a university in the states and got a job offer from company A. His H1B got approved in the lottery and company A applied for sponsorship for the same. 

 

while this was happening he got a better job offer from Company B and decided to take it. 
 

company A never withdrew sponsorship application and company B never applied for one. 
 

He was questioned for the same and deported back. 

 

how can he re apply or re-enter the states? 

I'm going to spare the hand-wringing and pearl-clutching here.

 

Your friend worked without authorization and was deported from the United States. This carries either a 5 year or 10 year bar. In other words, he will not be eligible to re-enter the US until either 5 years or 10 years after the date that he was removed. It will be 10 years if he was deported after admission, e.g., picked up during an ICE raid on Employer B. It will be 5 years if he was removed from a port of entry, e.g., CBP interrogated him, found that he had been working without authorization, and put him through the expedited removal process.

 

If there was any fraud or misrepresentation (e.g., your friend completed form I-9 with Employer B by claiming to be a US citizen) then he is permanently banned from the US.

 

If your friend does not have a permanent ban, then an employer can sponsor him for a new H-1B visa after his ban period has expired. He should expect a higher than average degree of scrutiny.