Never got selected from H-1B Lottery in US; how does this affect the Statutory questions?

[slashmaybe]

I was in the US for 4 years in total; studying for 2 and working for 2.

Now, I had worked on my student visa extension; and I never did get selected for the H-1B Visa (work visa) even though my company applied for three years in succession. My H-1B application was never selected in the draw/lottery system. This is different from denial of H-1B Visa right?

As a result of H-1B Visa non-selection, I came back to India in 2015. Now, I was denied a tourist visa (B1/B2; Visa category - Business/Tourism) to the US in 2017.

Can someone tell me how that affects the two questions below:

1. Have you been refused refugee status, or 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?
--> I'm guessing the answer here is "No"


2. Have you ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?
--> I'm guessing my B1/B2 Visa denial in 2017 requires me to answer "Yes"

Hoping someone can confirm?

Do let me know if more info is required of me.

Thanks.

 

[mandiebraxton]

1. No
2. Yes

 

[Holyange]

1) YES
2) YES

For me both questions asked you if you were refused a visa in any country so it should be yes for both.

 

[slashmaybe]

1) YES
2) YES

For me both questions asked you if you were refused a visa in any country so it should be yes for both.

I was not "refused" the H-1B visa. I was just not selected for it, like I said earlier.

 

[amanb014]

Two people with confusing answers... Which is the correct option for #1?

Lottery didn't get picked for H1B. It would seem like this is more of a "non-selection" instead of "refusal". If a company actually applied and USCIS sent a denial letter, then refusal makes sense.

Not getting a selection, USCIS does not even send a letter... they just return the application and fees are refunded.

 

[slashmaybe]

1) YES
2) YES

For me both questions asked you if you were refused a visa in any country so it should be yes for both.

Also why would the questions be the same?! There must be done difference in the meaning right? Which is why the second question was asked.

 

[amanb014]

Other threads on this topic:
https://www.canadavisa.com/canada-immigration-discussion-board/threads/h1b-lottery-statutory-questions.597967/

https://www.canadavisa.com/canada-immigration-discussion-board/threads/statutory-questions.596711/#post-7397486

I'm in the same situation, and I'm saying NO for #1.

#2, I would say YES in your situation, and attach the denial letter in your optional documents.

 

[slashmaybe]

Oh, you're in the same situation eh? Ok another question - how confident are you that your H-1B Visa was not denied?

I literally heard nothing from my HR all those years - when asked, they said my application was not selected. But still...

Is this something I can call my HR and ask?

 

[slashmaybe]

Also I don't remember getting a denial letter after the interview. Is that given to everyone?

 

[slashmaybe]

Pinging this up.

Looking for confirmation on the initial post and also this question:

"I don't remember getting a denial letter after the interview where my B1/B2 visa was rejected? Is this document needed in the application?"

 

[zabrodov]

Yes for both.

1. You have been refused a visitor visa to the US
2. Same as the first question

I was in the same situation and I answered “No” to the first question. I had to raise a CSE and explain that I should have answered “yes”

 

[mandiebraxton]

Yes for both.

1. You have been refused a visitor visa to the US
2. Same as the first question

I was in the same situation and I answered “No” to the first question. I had to raise a CSE and explain that I should have answered “yes”

I’m curious.....would you then say that if you submitted an EE profile or EOI for let’s say SINP and you don’t get selected, that amounts to Canadian visa refusal?

 

[zabrodov]

I’m curious.....would you then say that if you submitted an EE profile or EOI for let’s say SINP and you don’t get selected, that amounts to Canadian visa refusal?

No. Not getting selected is not a visa refusal. Getting selected and then rejected would be a visa refusal

 

[slashmaybe]

No. Not getting selected is not a visa refusal. Getting selected and then rejected would be a visa refusal

But I didn't get selected for the H-1B, so the question of rejection never came up.

So answer to the first question would be "No" right?

 

[zabrodov]

But I didn't get selected for the H-1B, so the question of rejection never came up.

So answer to the first question would be "No" right?

It should be “yes” for the B1/B2 refusal