i'm a rare case !!! please advise

[vidya]

hi everyone

i am a chartered accountant working in an MNC ....but am still very apprehensive about applying bcos :

last year my company sent me for an audit to the US on a B1 visa ...the INS sent me back saying i have come on the wrong visa , etc ....

i did not take any further action .

will this affect my HSMP visa appln ....will i be rejected outright bcos of this ???

[Kayalami]

1. You were denied entry into the US on the basis that you did not hold a valid visa for the purpose of entry.

2. There is no requirement to declare the refusal in stage 1 of HSMP application i.e. approval on to the scheme through HSMP Team application receipt in Doncaster.

3. You must declare said refusal when applying for an HSMP Entry Clearance/ Visa (stage 2) post HSMP approval (stage 1).

4. The refusal IMHO will not be an issue for HSMP EC based on the facts you state being a true representation.

I hope that helps.

[vidya]

thanks kay for the reply....i m hoping to get as much info as possible before i send in my application

[Raji_karmlaw]

Hi vidya,
Just to probe the B1 visa a little further, my understanding is that ur company applied for the right visa. A B1 visa is for corporates to send their executives / staff for short term training, onsite implementation, audits etc. What really happened at the port of entry? Analysing this might probably help to remove the mental block u have regarding visa options and thereby ur future oppurtunities.

[vidya]

hi rajiv

thanks for ur interest

i am still bewildered by what happened with detroit INS last october...i was sent for a SoX compliance project ...on a B1 visa ...the INS said that since the client was paying for my trip and acco ....i was working for them for that duration and hence shud have come on H1b....THEY WERE EXTRMELY RUDE AND I WAS TOO SCARED AT THEIR BEHAVIOUR ...JUS WANTED TO COME BACK TO INDIA IMM.....
after coming here ...my company wanted me to fly back ...they were willing to arrange an L1 ...but my dad fell really sick ...so i had to be here at that point in time....and that was that ....

[Raji_karmlaw]

Hi Vidya,
I'm terribly sorry abt ur encounter. To the best of my knowledge, I do not think u have deviated from the parameters of the law. Any one on a B1 are entitled to travel, accomodation and per diems from their company or the host company, as the situation may be . and this does not necessarily constitute salary or remuneration. ....anyways, let not this bad experience deter u from shunning future prospects. Pls feel free to contact me on raji@karmlaw.com