i got H1B.
but my employer was not ready to send me as opportunities were not their.
they were not ready send me for stamping as well.
so i went for H1B transfer. but My H1B transfer got denied.
finally my original employer is ready to send me as they have got some requirements.
i didnt informed them that i went for transfer other wise it would have been issue.
so while filing form DS-160 for visa interview i came across following questions.
1. Have you ever been refused a U.S. Visa, or been refused admission to the United States, or withdrawn your application for admission at the port of entry?
2. Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?
can you please help. what will be answer for above questions i should write in DS-160. YES or NO.
Thanks in advance.
The way I see it (unless I am missing some info) it's No and No. Your H-1B transfer was refused on the level of USCIS but the consulate did not denied your visa application, the CBP did not deny you US entry, and you did not withdraw your application at the port of entry. If someone at the consulate will directly talk to you about the transfer you can disclose it, but at this point, the way the question is phrased, the answer should be in the negative. Good luck!
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only and are not meant to create an attorney-client relationship. If you found that my response merits "BEST ANSWER" and/or "HELPFUL" check, please, acknowledge as such.
An employer's H1B petition is not a visa application.
An employer's H1B petition is not an immigrant petition.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
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