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March 15, 2024

CASE STUDY for Administrative Processing Waiver Airport CBP issues By Caro Kinsella

My H1B visa was approved by US Immigration. I had previously worked for the same company under a J visa. I went to the consulate and the visa was approved. I then went to the airport to be admitted so I could start working under my H1B visa. When I was at the airport, I was pulled into the backroom and I was questioned about a text on my phone related to my work under the J visa. The officer thought I had worked unlawfully under it. Despite explaining that I never worked outside my J visa, I was denied entry, and my visa got canceled. I was devastated. My employer was pressuring me that they could not keep my position open unless I had the visa sorted, so I contacted Caro’s office.

I had been referred by somebody who had a successful outcome with a different case with Caro. Caro got in touch with the consulate and started corresponding with them on my behalf. Months went by, and I went back to the consulate. The officer at the consulate again was now questioning me about what the airport officer had said.

The consular officer wanted to know whether I worked unlawfully under J visa because the officer felt I did. As a result, my H1B got rejected. Again I told the consular officer I had never worked unlawfully. I had presented him with the documents that I had gone through with Caro. I also gave him a legal support letter. The officer took the information and told that they will get back to me. Several months passed and there was no response. The officer took my waiver application from me in my consulate interview. Several months later, I received a response from the consulate to courier my passport to them and my waiver was issued. The entire process took almost a year. Months passed with no response from the consulate, but Caro advised me to remain patient and let the process work itself through, assuring me that the law was on my side. Eventually, after nearly a year, my waiver application was accepted, and my H1B visa was issued.

I am now inside the states under my H1B visa. I did have issues coming in at the airport again however because the waiver was approved and I was prepped by Caro. I knew how to handle questions and I was permitted to enter US. My H1B employer is sorting out my H1B visa extension.