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Hi
In 2008 I overstate in US for five days.
There is DS-160 form to be filled to embessey to get the new visa. In the form there is a question on overstay which by mistake i overlooked and marked no. Now embessey has raised this as an issue to my company. My company has conducted an internal investigation and they have recommeded for job termination.
Can a company terminate job because some mistake has happen in filling form to US embessey as code of conduct violation.

From India, Bangalore
It depends on what your company policy is and what is stated in your code of conduct.

From the employer's point of view, someone who falsifies a visa application form is not a person they will want on the team. Its obvious that the internal investigation indicated that it was not a mistake but deliberate. I hope you have had a look at the investigation report. And further, i hope the principals of natural justice was followed (you were given a chance to explain the matter and be heard ?)

Second, again from the employers point of view, such cases can probably get them blacklisted and all future visa applications from that company may be reviewed and scrutinised, making a normal process time consuming and painful. In such a condition, the employer would rather terminate an employee who has made such a mistake.

I assume you are in a software company. For them a visa application is not a minor matter but a primary tool of getting their work done and directly connected with revenue. So its a very serious matter. How can you "overlook" a specific question of whether you ever over stayed in USA ? I think you were aware that this will lessen your chance of getting a visa and so wrote a "No"

From India, Mumbai
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