Hi All,
My husband who is a citizen of Canada had filed for a family sponsorship PR for me in 15-Oct-2014 and this is currently under process in the New Delhi office. I have an upfront medical done and reports submitted to New Delhi and they acknowledged that they received them on June 2015. After that there has been no communication or requests for documents from them.
The problem is that - in 2009, a potential new employer was willing to offer a job for me in the US and filed for a H1B visa accordingly which went thro’ the lottery system. However, this petition for a H1B application itself was not approved by USCIS after the employer was issued a "Request for Explanation" RFE asking for some additional documentation. I am not sure what exactly was the RFE / documentation the company had been asked for. I was told that it was because it was the peak of the US recession and it was hard to prove the need to have an external worker come in to the US.
As this was the employer's petition that was not approved and since:
1) I never attended a visa interview for that H1B application with a US visa officer in the consulate and was then rejected the H1 visa after the visa interview
2) I never got any email/snail mail communication from USCIS stating I have been rejected or something on those lines -
I never counted this as a visa rejection. Visa rejection as in where I made an appointment with the consulate, attended a H1visa interview with the consulate officer and then after review of my data/documents/me in the interview and then the visa officer saying –“sorry Mr/Miss X you have not been granted a visa”.
Am not sure if this is relevant or not but -I have a multiple entry US b1/B2 tourist visa that I have used extensively and have travel history.
So in my PR the IMM5669E form, I had answered "no" to the question - "been refused an immigrant status, immigrant or PR visa or visitors or temporary visa to Canada or any other country."
It was only recently when I was discussing the PR application to a friend who was also filing for spouse sponsored PR, that she pointed out to me that a H1B petition not being approved too should be recorded as a visa rejection.
Is this so? If so what do I need to do to add this onto the PR application we had submitted.
I truly did not think the H1B petition filed by the employer not being approved should be considered as a visa rejection of me personally – like the kind of rejection got after one actually attends a H1B visa interview with the visa/consulate officer and will have to be disclosed in visa applications from then on.
I would never ever willing/willfully lie about things on a visa application and did not do this knowingly. I don't want this miss on my part to be regarded as a misinterpretation of data and have my application refused.
I am freaking out now and am picturing being denied entry to Canada, never being able to see my spouse again and worse still a marriage in trouble...All because I misunderstood and assumed one fact wrong.
Please help! Any advice will be more than welcome. Thanks in advance!
why it states so...any senior members have anythg to say about it...
