I am from India and have applied for an F-1 visa to pursue an MBA at a top-30 school in the US. On the DS-160 form, there is a question on past visa denials. While I have never technically been denied a visa at a consulate, my current employer did file an H-1B petition for me last year, and it didn't get selected in the lottery. Just to be completely honest and transparent, I mentioned this on the DS-160 form for the F-1 visa and have scheduled my visa interview. However, after submitting the DS-160, I read on this site and other online forums that a petition denial and a visa denial are not the same. While I understand that the H-1B lottery comes down to pure luck, I am now worried that my response to the question will affect the chances of my F-1 visa being approved. Could you please share your thoughts on this? You
Hopefully it will not affect your current F-1 visa interview in any negative manner.. Even though no visa application you made was ever denied you, the mere fact that you had an "employer" petition you for a work visa could be viewed by the visa officer as your harboring "intent" to remain in the US after graduation: first to "work" and then to be sponsored for employment based permanent residence.
Note that for the F-1 you will have to convince the officer of not having any 'immigrant intent' - I strongly suggest you consult with an experienced lawyer via Skype prior to attending that F-1 visa application interview. The result could depend on it!
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Not getting selected in the lottery is quite different, in any case, than CIS denying an H1b visa application. It is not likely to have a significant impact on your application for an F1.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
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