I have an interesting situation. My application/petition for H1-B transfer was denied, and as a result I didn’t join the new company and keep working with the current employer.
Should I select No or Yes for the question “Has candidate ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?”
Any thoughts?
That indeed is an interesting situation. Honestly, I don’t know how this question should be answered since the transfer was denied but your existing visa is valid.
I would have answered ‘Yes’ and explained that the petition to transfer the visa was denied while the original H1B visa was still valid. But this is just something that I would have done; it might not be accurate.
If you get an accurate response from someone on the forum, go with it else I’d suggest reaching out to an immigration attorney (may be you can ask your company’s attorney if they are aware of your situation).
To be on the safer side, answer yes to the question and add all the details.
I have read on few other blogs, that petition refusal is not a visa refusal and they have answered no.
People have got PR in both the scenarios, but again it’s better to answer yes
Thank you @mrandmrs - my gut feeling says to write Yes with an explanation. Still confused if that’s necessary (playing too safe).
@vignesh.pr says ‘Petition refusal isn’t a visa refusal’ - and that’s what I have read on most of the blogs as well.
@avj - Would love to know your thoughts on this one.
My two cents.
The answer would be No. your petition to transfer the visa was denied. The process of transfer of visa to another employee was denied. The visa as is was not.
When you answer Yes, it basically raises additional question around why a country has denied you visa.
In your case, USA has denied the petition to transfer of an existing visa to another employer, however the visa itself is fine. Thus your answer should be no.
My H1B petition didn’t got picked up in the lottery. Didn’t mention anything related to it.
It isn’t a visa refusal, I’d write NO
Update - If someone is interested. I ended up selecting ‘Yes’ and provided a letter of explanation. I received my COPR after 7 months.
@pankajtrivedi @avj @vignesh.pr
I am stuck with a 221g in India since Dec, so should i answer “yes” to this question? Please advise.
Has it ever been “refused”? 221g is “administrative processing” which means it can be eventually approved.
Thanks for the quick response @avj
The verbiage that the consulates are using is as follows, which is only making it more ambiguous
“Your application remains refused under Section 221(g) of the Immigration and Nationality Act for mandatory administrative processing. U.S. immigration law requires that additional steps be completed in some cases before a file can be advanced for adjudicative review. Unfortunately, we cannot expedite or give an estimated timeframe for completion of this processing.”
@teja - I didn’t get any concrete Yes or No when I was researching during my application process. I ended up selecting “Yes” and provided a brief letter of explanation. I didn’t see any issue or delay in my application approval.
If your stamping was refused - I’d select as Yes and provide a brief explanation.