Impact of H1b extension visa stamping denied 2011.. on New stamping


Diorsdune

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Hi,

 

My previous employer - 'employer A' had applied for an H1B extension in Oct 2011 which was approved until Sept 2013. However, I went for a stamping in early 2012 & it was "Denied" ( 214 b, was scribbled on the existing visa stamp & when denied the letter stated "..... Petitioner does not appear to be either able or willing to provide qualifying employment.. ", putting aside facts that other employees had barely any trouble getting their visa stamped.) after Administrative processing. I was in US from May'08 until Jan' 2011 on H1b with company A & had no gaps in employment.

 

1) My new H1B petition has been approved until 2018 and I would like to know if the previous '214 b' scribbled on my passport have a negative impact?

 

2) What are the related questions I should be expecting from the VO?

 

3) Please can someone with a similar history share their experience.

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The old denied petition may not have any bearing on the new one, unless the new petitioner is the same as the old.  In which case, you may be asked to show how previous reasons for denial have been overcome.

 

Be sure to mention in your DS 160 form that you have had a denial before and describe it.  Don't hide the denial.

 

I strongly suggest you consult an attorney for advice.

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  • 4 weeks later...

Related Question : Hence not starting a new thread

 

Trying to fill-up the DS-160 for my newly approved H1B application (New Petitioner) :

 

Questions I need help with answering :-

 

1) Has your U.S. Visa ever been cancelled or revoked? YES (in my case) - Explain?

 

My H1B renewal stamping was denied after 221G in June 2011. When I attended the interview in Jan'11 the VO scribbled "Revoked 214(b)" on an earlier stamped 'B1 Visa'.

 

This was not communicated to me when he did so, I later noticed it in my passport.

 

Don't know how should I be explaining this. Please suggest.

 

2) Have you ever been denied a US Visa? YES (in my case). Explain ?

 

The letter issued when my old renewal visa was denied states :

 

" Based on the documents you have submitted to us, and the information elicited in your interview with an American Consular officer, we are not able to issue you an H1-B temporary work visa, because:

 

Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States"

 

Would it suffice if I write the following in the Explanation box : "Jun 2011 - Visa Request Was Denied Stating
"Petitioner Does Not Appear To Be Either Able Or Willing To Provide Qualifying Employment"." Please suggest.
 

Thanks ahead!!

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Related Question hence not starting a new thread.
 
Need help with drafting responses for 2 questions in DS160.
 
1) Has your U.S. Visa ever been cancelled or revoked? YES (in my case)
 
Q: Explain : ?

(When I attended the interview in Jan'11 the VO scribbled "Revoked 214(b)" on an earlier stamped 'B1 Visa'. No reason/explanation was provided. Please suggest what should be written in the ''Explain'' section of the DS160.)

2)
 

Have you ever been refused a U.S. Visa, or been refused admission to the United States, or withdrawn your application for admission at the port of entry? YES (in my case)
 
Explain : ?
 

(Based on the denial letter I received the response I've updated in the DS160 is  "JUN 2011 - VISA REQUEST WAS DENIED STATING
'PETITIONER DOES NOT APPEAR TO BE EITHER ABLE OR WILLING TO PROVIDE QUALIFYING EMPLOYMENT'."   Please suggest if this would suffice or how should I be detailing it further.)

 

I understand it is important to answer these questions with reasonable detail as they will be critical to ensure that the past denials have no impact on my New H1b stamping.

 

Anyone out there who has a similar case??

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Sorry to repeat, but I strongly suggest you talk to an immigration atty.  They will help you and can offer much valuable advice.  You clearly seem to be under lot of tension, and I can imagine that.  I have been under similar situations.  And I discussed it with an immigration atty.  Sorry, if I have upset you again.  Forgive me, please.

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  • 2 weeks later...

Hi Pontevecchio & Blancx!

 

Thank you for your response. I have no clue either as to why my B1 was cancelled/revoked the way it was.

 

I went for the interview about a week ago.. & was barely asked any questions & then the VO informed that my Visa was Approved.

 

Thank you once again!!

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