subsequent H1b application after 221g - should we check "yes" or "no" in the question " any visa refusals in the past"

[kuku82]

Hi guys

I have a question about selecting "yes"or "no" in the question if your visa refused in the past if your previous H1b stamping was stuck in 221g administrative processing??

should 221g administrative processing taken as a refusal or just a processing for security check ??

appreciate your suggestions.

Thanks

[1989bailey]

221(g) clearly states 221(g) US visa refusal. So I would suggest select yes and provide your explanation. Clearly mention that Stamping was refused under 221(g) but you are still waiting to hear from respective consulate on final decision.

[saral.gupta@gmail.com]

Hi guys

I have a question about selecting "yes"or "no" in the question if your visa refused in the past if your previous H1b stamping was stuck in 221g administrative processing??

should 221g administrative processing taken as a refusal or just a processing for security check ??

appreciate your suggestions.

Thanks

My wife's case was same. She had marked it as NO. Her new visa got approved. I think it is safe to mark it as No.

[kuku82]

my 221g yellow form did not mention any word as "refused", it just stated that your visa application is pending under 221g and subsequently I had to withdraw the application. So it was never refused...

So I was wondering if it should be revealed in next visa application !!!

@saral

your wife applied for new H1b or it was H4 after 221g on H1b ????

Thanks

[saral.gupta@gmail.com]

my 221g yellow form did not mention any word as "refused", it just stated that your visa application is pending under 221g and subsequently I had to withdraw the application. So it was never refused...

So I was wondering if it should be revealed in next visa application !!!

@saral

your wife applied for new H1b or it was H4 after 221g on H1b ????

Thanks

My wife applied for a new H1-B.

hey would you know if I have a H1-B was approved but when I got Stamping got a 221g. If I file a new H1-B will I be under the Quota?

[kuku82]

@saral

So if I am not mistaken, it was new H1b with the same employer with previous one pending !!! correct me if I am wrong

and about your question -- yes definitely you will be under the quota as you applying for the new h1B unless and until the new employer is non for profit organization or educational institution affiliated with University.