H1B Petition Rejected

[bluemen]

Hi All,

I am currently in the US on F-1 visa.
I had a H1B petition rejection last year because my employer could not furnish enough documents for an RFE. I have never been on an H1B earlier. The issue here is that I never went for the visa interview/stamping. My question is what do I reply to the statutory question below:

2) Has <Name> ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?:

 

[summerxx]

Answer no
That was not a visa refusal.

 

[bluemen]

Thanks ! I thought so too.

 

[denzrambo]

Hi All,

I am currently in the US on F-1 visa.
I had a H1B petition rejection last year because my employer could not furnish enough documents for an RFE. I have never been on an H1B earlier. The issue here is that I never went for the visa interview/stamping. My question is what do I reply to the statutory question below:

2) Has <Name> ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?:

adding to the answer above

answer for the questions should be in similiar way


d) been refused refugee status, an immigrant or permanent resident visa (including a Certificat de sélection du Québec (CSQ) or application to the Provincial Nominee Program) or visitor or temporary resident visa, to Canada or any other country? YES
e) been refused admission to, or ordered to leave, Canada or any other country? NO

 

[bluemen]

adding to the answer above

answer for the questions should be in similiar way


d) been refused refugee status, an immigrant or permanent resident visa (including a Certificat de sélection du Québec (CSQ) or application to the Provincial Nominee Program) or visitor or temporary resident visa, to Canada or any other country? YES
e) been refused admission to, or ordered to leave, Canada or any other country? NO

Is the petition rejection equivalent to visa refusal? It is a petition filed by the employer and at no stage I have gone for a visa. Also , even if the petition is approved, there is a choice of going for a visa or not. Moreover, when I inquired of the people who recently got h1b visa refusals, they get a form 221g which is different from what happens for petition rejections.

I have already submitted with answers as NO. Not sure what to do now! Should I add a LOE as a CSE?

 

[denzrambo]

Is the petition rejection equivalent to visa refusal? It is a petition filed by the employer and at no stage I have gone for a visa. Also , even if the petition is approved, there is a choice of going for a visa or not. Moreover, when I inquired of the people who recently got h1b visa refusals, they get a form 221g which is different from what happens for petition rejections.

I have already submitted with answers as NO. Not sure what to do now! Should I add a LOE as a CSE?

Yes agree ! That anybody going to visa embassy for interview will get 221g form but youre petition for Visa was refused which again falls into the category of immigrant visa.You could end up with misrepresentation from other related forums thread like given below.They definitely will do background checks as both the countries share such details.

I really cannot comment whether they will take into account or so,you should add LOE with CSE or call them up and let them know to be on safe side so you can cover later if they come back with a question or so.


d) been refused refugee status, an immigrant or permanent resident visa (including a Certificat de sélection du Québec (CSQ) or application to the Provincial Nominee Program) or visitor or temporary resident visa, to Canada or any other country? YES


https://www.canadavisa.com/canada-immigration-discussion-board/threads/help-regarding-schedule-a-background-declaration-imm5669e.191367/


check the answer by the user-xyca2015

Hi i am on the same situation..i mis interpreted one of the questions. I phoned cic call center and they said i could send an amended form.i just sent it via case specific inquiry..hows is situation now.thank u

 

[clguy]

Is the petition rejection equivalent to visa refusal? It is a petition filed by the employer and at no stage I have gone for a visa. Also , even if the petition is approved, there is a choice of going for a visa or not. Moreover, when I inquired of the people who recently got h1b visa refusals, they get a form 221g which is different from what happens for petition rejections.

I have already submitted with answers as NO. Not sure what to do now! Should I add a LOE as a CSE?

You submitted the correct answer.

 

[akashsg]

Hi All,

I am currently in the US on F-1 visa.
I had a H1B petition rejection last year because my employer could not furnish enough documents for an RFE. I have never been on an H1B earlier. The issue here is that I never went for the visa interview/stamping. My question is what do I reply to the statutory question below:

2) Has <Name> ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?:

Hi I am in same boat. What should I answer I am confused here. Any inputs will be helpful.

 

[pursuit]

Is the petition rejection equivalent to visa refusal? It is a petition filed by the employer and at no stage I have gone for a visa. Also , even if the petition is approved, there is a choice of going for a visa or not. Moreover, when I inquired of the people who recently got h1b visa refusals, they get a form 221g which is different from what happens for petition rejections.

I have already submitted with answers as NO. Not sure what to do now! Should I add a LOE as a CSE?

What is your status, Did you submit additional detail for this? SO CIC has access to H1b denial detail

 

[pursuit]

Hi I am in same boat. What should I answer I am confused here. Any inputs will be helpful.

What is your status, Did you submit additional detail for this? SO CIC has access to H1b denial detail?

 

[Anshujha012]

Is the petition rejection equivalent to visa refusal? It is a petition filed by the employer and at no stage I have gone for a visa. Also , even if the petition is approved, there is a choice of going for a visa or not. Moreover, when I inquired of the people who recently got h1b visa refusals, they get a form 221g which is different from what happens for petition rejections.

I have already submitted with answers as NO. Not sure what to do now! Should I add a LOE as a CSE?

 

[Krishna008]

So, i got my H1 denied after RFE in 2017. I did not mention anywhere in the application. I got my application approved recently. So, i think we need not worry much about H1 denials.

 

[akashsg]

What is your status, Did you submit additional detail for this? SO CIC has access to H1b denial detail?

I did not submit any additional details and my application is approved.

 

[ultron]

Hi guys,

Can I keep my H1B if i quit my USA job and start working in Canada for a Canadian employer?

 

[ishangodbole]

Hi guys,

Can I keep my H1B if i quit my USA job and start working in Canada for a Canadian employer?

Your employer can revoke it.