what would be my reply for visa denial question in form IMM1294

[hellolajja]

Hi, I am applying for student visa. I studied in USA and worked there for 4 years on H1B. When I changed my job, I received H1B Transfer denial.
Now I am going for further studies in Canada. What should I reply for the question "have you ever been refused or denial entry or ordered to leave Canada or any other country?" in form IMM1294? I still have valid H1B visa.

 

[thevisawhisperer]

Entry is the act of appearing at the Port of Entry and asking to be let in. It is not the same as the refusal of an application. As long as you haven't been turned away at the border and sent back home, or ordered to leave the US or any other country, you can answer 'no'.

 

[bongoman]

Entry is the act of appearing at the Port of Entry and asking to be let in. It is not the same as the refusal of an application. As long as you haven't been turned away at the border and sent back home, or ordered to leave the US or any other country, you can answer 'no'.

Visa rejections should be put down as denials even if you were not turned away at the border, plenty of people have been banned from Canada for forgetting to include their US visa rejection. Now I don't know if a H1B transfer is considered a visa rejection.

 

[bongoman]

Hi, I am applying for student visa. I studied in USA and worked there for 4 years on H1B. When I changed my job, I received H1B Transfer denial.
Now I am going for further studies in Canada. What should I reply for the question "have you ever been refused or denial entry or ordered to leave Canada or any other country?" in form IMM1294? I still have valid H1B visa.

If you cant find out for sure, I think you are better off answering Yes and explaining that you are not sure if a h1b petition denial is considered a visa rejection. Better than aswering No and getting banned if it was supposed to be Yes.

 

[thevisawhisperer]

I agree bongoman. Having gone back to the 1294 to review the question I see it also includes 'have you ever been refused a visa or permit', which is what you are referring to. Applying for a visa and being refused and being denied entry to a country are not the same thing and I was addressing only the second half, which was in the original question, but yes if you've been refused a US visa application the answer should be 'yes'.