H1B petition denial


shir

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Hi All, I have applied for H1B in 2016, which is still under review.The chance of approval is very slim, I am expecting a 'decision notice mailed'.

My query is, whether we need to mention about this denial in future, when applying for H1B, L1,B1 or any other immigration visa to US.

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The forms usually ask if a visa has been denied, not if a petition has been denied.

There is a difference between a visa (applied by the beneficiary at a US consulate, part of the Department of State) and a petition (filed by the petitioner at USCIS.)

Of course, USCIS will know about it for future petitions, because your file contains every application ever filed for you.

 

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5 hours ago, shir said:

Hence, this would be considered as a petition denial ? and at what stage does this petition request changes to VISA request, is it at the time when one goes to the Consulate with the approved petition for an interview?

Visa is required only when you enter US at port of entry. To get this visa stamped you need an approved petition.

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  • 3 weeks later...

There are many reasons behind H1B Visa Rejection better for you is to know each reasons and implement that reasons to stay away from H1B Visa Rejection.

There are following are the reason behind H1B Visa Rejection

  •  No real ties to their home country
  •  Consular misunderstandings or lack of knowledge
  •  Affiliation with bad profile
  •  Previous long-term visits to the U.S. or away from their native country
  •  Changing status
  •  Other relatives who are currently residing in the U.S.
  •  Pending or previous denied petition / application
  •  Criminal records
  •  Failure to provide proper documentation

The myths about the H1B Rejection and approval

  • The premium does not increase the chance of H1B visa approval.
  • The visa won’t be rejected if the employer is a small sized company
  • Filing in April does not assure the visa guarantee
  • Filing petition from USA or any country has equal chance

The top reason behind why H1-b visa petition get denied:

  • The position offered to a candidate is not a specialty occupation
  • The position is not the position which the petitioner claims for
  • The petitioning employer will not be the true employer

Read all the reasons in details at: H1B Visa Rejection Reasons

and stay away from H1B Visa Rejection.

 

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