H1B Lottery -- previous visa refusal


#1

Hi

Is H1B petition not getting picked up in the lottery, is same as visa refusal.

Should I answer yes or no, in the previous visa refusal question.


#2

Getting picked up and then being rejected after documents submission, is a visa refusal.


#3

Your answer will be no for visa refusal


#4

@prabhakar_meduri thanks for info

@vignesh.pr can u please confirm this


#5

@prabhakar_meduri is correct. Not being picked in lottery is not visa refusal.


#6

thanks @vignesh.pr @prabhakar_meduri


#7

No it isn’t. Answer No.


#8

Is H1B petition denial after getting an RFE considered as Visa refusal? Since I did not go for any visa interviews or anything


#9

Hmmm…good question. I think it depends on whether or not the CIC differentiates between “Petition” and “Visa stamp” when they think of a “visa refusal”. Usually you need the I-797-something approval letter to even apply for a “visa stamp”. But since the petition was denied, so was the visa. Maybe someone else could enlighten us on this.

To be on the safe side I think you should say “Yes” for visa denied and explain that “the petition was denied therefore you never applied for the visa”. I don’t think visa denials have any negative impact on your application unless it was something serious as falsification etc. People get visas denied all the time and still get the PR.

Also, US, Mexica, and Canada share information on people who fly in on visas anyway so CIC may already find it out during background check. Better be clear and honest.


#10

@avj I have submitted my application with no as the answer in the visa refusal question, as my application was not picked in the lottery.

I read few blogs it was mentioned, the petition is generally owned by the petitioner which is the employer.
It is the employer whose application got refused not yours.

Also I read, on canada visa forum, a guy with petition denied said no, he is PR now.

https://www.avvo.com/legal-answers/is-h1b-petition-denial-by-uscis-considered-as-visa-1462698.html

Do you think I am safe here by answering no there, as I explained no where about my petition not getting picked.

Also I think @vignesh.pr H1B petition’s were not picked in the lottery, and it seems he said no, as he replied to my query.

Anybody else who can share his / her experience will be helpful.

Thanks


#11

If it wasn’t picked then it wasn’t even processed so “No” is the correct answer in your case.

I read few blogs it was mentioned, the petition is generally owned by the petitioner which is the employer.
It is the employer whose application got refused not yours.

That’s a pretty good point.

Do you think I am safe here by answering no there, as I explained no where about my petition not getting picked.

You’re fine.