my friend’s F1 visa canceled with code 22 CFR 41.122 (h) 3. She is really depressed. Is there anyway she can come back to US on MBA program. CBP officer told her that she need to apply for new F1 visa or H1B. If you anyone faced this situation or know anything about, please help #F1 #opt #immigration #visa
Did she had a day 1 CPT?
No she didn’t she was on her Stem OPT
Unless you were living under a rock, you probably would know about Farmington University.
Yeah, it’s hard to help without context. Was she here and visa was revoked at PoE? Did she try extending her visa and it was cancelled?
She isn’t here. She went to India to visit her family. While coming from India she faced with issue at Abu Dhabi. The previous employer gave wrong offer letter which is stating she got paid and CBP officer ask her to show the paystubs which she don’t because it was unpaid internship
Ok, this is a misrepresentation in the eyes of a CBP officer. I think she can try to hire an immigration attorney and try to explain that the mistake was with the employer letter and she hasn’t paid attention to the error. There’s not much use in trying for another F1 visa. Chances for rejection are on the higher side.
Need more context
Please ask your friend to hire a competent attorney who can navigate the case.
This
Two issues here. 1. Unpaid internships are not allowed in Stem opt 2. It was not a 'wrong' offer letter. Looks like a deliberate misrepresentation to cover up Point 1
Your friend misused her visa and attempted to lie about it.
I heard they just ask for I-20 on the port of entry while you are on OPT. Btw why did they check at Abu Dubai?
US preclearance.
And kids, that’s why you don’t travel on F1 visa after graduation. It’s very risky in today’s political and protectionist climate. The job she had could have gone to a citizen and that is why the government is strict these days.
Provide more information Was she already in US and went back ? Is the MBA complete?
She was already in US went back to visit family. She was on OPT working at a insurance company. She is completed her masters in IT