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Previous Visa Rejections

kn2172

Star Member
Jul 30, 2014
78
1
Regarding Question : Has XXX XXX XXX ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?

My H1b Petition was returned for revocation in 2007 , should I answer this question as "YES" or "NO" ?

I had got the approved petition but when I went for H1b stamping in India , i got a 221(g) white form.

I have already applied , should I file a CSE ??

Please advise.

Regards,
 

Andy.cic

Hero Member
Oct 26, 2015
216
18
ALBERTA
Category........
Visa Office......
OTTAWA
Job Offer........
Pre-Assessed..
App. Filed.......
NOV 1, 2015
Doc's Request.
NOV 24, 2015 IMM5669 A requested
AOR Received.
NOV 1, 2015
Passport Req..
FEB 01, 2016
LANDED..........
FEB 25, 2016
previous visa rejections have no impact on your any immigration application to Canada. You should be transparent with cic and mention all the denials you've had though.

I've been denied visa to US, UK and Canada. I just got my PPR.

Good luck.
 

sraj07

Hero Member
May 26, 2015
926
41
I had one L1 B blanket Visa rejection in past . It was rejected at US consulate in Chennai .. I did mention that in the Visa rejection question .

Any kind of refusal /rejection/deny , please mention.
 

singhshaman

Star Member
Jan 12, 2016
68
5
Andy.cic said:
previous visa rejections have no impact on your any immigration application to Canada. You should be transparent with cic and mention all the denials you've had though.

I've been denied visa to US, UK and Canada. I just got my PPR.

Good luck.
Hi Andy,

In my case the H1B petition did not get selected in the lottery. I was only informed by my employer that we had filed H1B for you but petition was not selected in the lottery. I asked them whether this should be treated as a visa rejection they said 'No' because the petition was denied because of lottery system and did not even reach the Consulate. Should I select 'Yes' for the question "have you ever been refused a visa or permit, denied entry, or been asked to leave Canada or any other country?". I was planning to select 'No'.

Thanks.
 

MooseNBooze

Hero Member
Nov 6, 2015
403
63
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
19-01-2016
Doc's Request.
22-01-2016
AOR Received.
20-01-2016
Med's Done....
22-01-2016
Passport Req..
22-04-2016
VISA ISSUED...
03-05-2016
LANDED..........
25-12-2016
kn2172 said:
Regarding Question : Has XXX XXX XXX ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?

My H1b Petition was returned for revocation in 2007 , should I answer this question as "YES" or "NO" ?

I had got the approved petition but when I went for H1b stamping in India , i got a 221(g) white form.

I have already applied , should I file a CSE ??

Please advise.

Regards,
You should answer "yes" (provided you/your employer were not requested additional information, you/your employer subsequently submitted the information, and you eventually got your H1B, in which case you should answer "no"). If you've already applied and did not say "yes" then definitely raise a CSE right away. All the best.

singhshaman said:
Hi Andy,

In my case the H1B petition did not get selected in the lottery. I was only informed by my employer that we had filed H1B for you but petition was not selected in the lottery. I asked them whether this should be treated as a visa rejection they said 'No' because the petition was denied because of lottery system and did not even reach the Consulate. Should I select 'Yes' for the question "have you ever been refused a visa or permit, denied entry, or been asked to leave Canada or any other country?". I was planning to select 'No'.

Thanks.
Like the other poster above said, you should select no (if this was your only case of visa "issues"). Best wishes.
 

singhshaman

Star Member
Jan 12, 2016
68
5
MooseNBooze said:
Like the other poster above said, you should select no (if this was your only case of visa "issues"). Best wishes.
Thanks MooseNBooze....yes this was the only issue...I was earlier issued an L1 Blanket and stayed in the US..I will mention the same in my application and provide the FBI PCC.
 

Andy.cic

Hero Member
Oct 26, 2015
216
18
ALBERTA
Category........
Visa Office......
OTTAWA
Job Offer........
Pre-Assessed..
App. Filed.......
NOV 1, 2015
Doc's Request.
NOV 24, 2015 IMM5669 A requested
AOR Received.
NOV 1, 2015
Passport Req..
FEB 01, 2016
LANDED..........
FEB 25, 2016
Get asivad's opinion.

Make a new thread mentioning 'asivad' in the topic name.
 

friendof2005

Full Member
Jan 20, 2015
43
3
Category........
Visa Office......
NDVO
NOC Code......
2174
Job Offer........
Pre-Assessed..
App. Filed.......
05-11-2015
Doc's Request.
09-12-2016
Nomination.....
13-12-2015
AOR Received.
04-04-2016
IELTS Request
-
File Transfer...
08-06-2016 (to NDVO)
Med's Request
-
Med's Done....
22-03-2016
Passport Req..
21-09-2016
I was also denied H1-B, what reason you guys wrote in Sch-A, explanation. mine reason was - as you know h1b is speciality occupation and my employer was unable to prove because when I was hired the job was posted in craigslist and there they didnt mention that bachelors degree is minimum reqd, hence USCIS didnt approve and said that this job is no different than any other job.
 

MooseNBooze

Hero Member
Nov 6, 2015
403
63
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
19-01-2016
Doc's Request.
22-01-2016
AOR Received.
20-01-2016
Med's Done....
22-01-2016
Passport Req..
22-04-2016
VISA ISSUED...
03-05-2016
LANDED..........
25-12-2016
friendof2005 said:
I was also denied H1-B, what reason you guys wrote in Sch-A, explanation. mine reason was - as you know h1b is speciality occupation and my employer was unable to prove because when I was hired the job was posted in craigslist and there they didnt mention that bachelors degree is minimum reqd, hence USCIS didnt approve and said that this job is no different than any other job.
That should be more than enough. In fact, I would suggest that you pare it down. Just say "USCIS [note: use full form] denied the employer's petition on my behalf, stating that the H-1B requirements for the posted job were not met" or something like that. All the best.
 

friendof2005

Full Member
Jan 20, 2015
43
3
Category........
Visa Office......
NDVO
NOC Code......
2174
Job Offer........
Pre-Assessed..
App. Filed.......
05-11-2015
Doc's Request.
09-12-2016
Nomination.....
13-12-2015
AOR Received.
04-04-2016
IELTS Request
-
File Transfer...
08-06-2016 (to NDVO)
Med's Request
-
Med's Done....
22-03-2016
Passport Req..
21-09-2016
is this good...

In October 2009, I was denied H-1B Visa petition (Form I-129, Petition for a Non-immigrant Worker) filed on May, 2009 by my company Stemtech (petitioner) on the basis of a Bachelor’s degree in Computer Engineering (I had not completed Master of Science in Computer Science in May 2009).
Reason for denial:
• U.S. Citizenship and Immigration Services (USCIS) denied the employer's H1-B petition on my behalf, stating that the H-1B requirements of a "specialty occupation" for the posted job of Web Applications Programmer were not met.
• U.S. Citizenship and Immigration Services (USCIS) stated that a baccalaureate or higher degree is minimum requirement for the entry into this speciality occupation. My company failed to provide classified advertisements soliciting for the current position, showing that the company requires its applicants to have a minimum of a baccalaureate or higher degree or equivalent in a specific specialty because this job was posted in craigslist which didn’t mention a bachelor’s degree as minimum requirement for this position rather it mentioned about the expertise skill and experience needed for this position.
• USCIS hence concluded that the company didn’t demonstrate that the offered position is a speciality occupation which is the main criteria for H1-B petition.
 

MooseNBooze

Hero Member
Nov 6, 2015
403
63
Category........
Job Offer........
Pre-Assessed..
App. Filed.......
19-01-2016
Doc's Request.
22-01-2016
AOR Received.
20-01-2016
Med's Done....
22-01-2016
Passport Req..
22-04-2016
VISA ISSUED...
03-05-2016
LANDED..........
25-12-2016
That's more than good. That's ample. I would say more than necessary but no harm in explaining it in such detail. You should be good. Cheers.
 

andy108

VIP Member
Nov 26, 2015
8,054
2,524
Australia
Visa Office......
Sydney
NOC Code......
2171
App. Filed.......
**-09-2017
Depends on a refusal reasons... refusals on a grounds of deception, or fraudulent docs may indeed result in a new refusal.