will h1b possible to get after a 214(b)

[jammyy]

hi. i am jammy a physiotherapist from INDIA.

i applied for SCHEDULE A green card visa in jun 2006. got I140 approved in sep 2006. sch A got reterogreesed and became unavailable by nov 2006.

i applied for tourist visa for PLEASURE TRIP (coz. i was travelling a lot at that time , malasiya, spore, thailand.moreover i had a long standing invitation from my cousin) . A week before tourist visa interview i called my immig. petioner to pull off my I140. and they agreed and promised to do so.

there was a question in DSC form " has any one ever filed a immigration petition behalf of me" - thinkin that my I140 is withdrawn i mentioned NO for that question . (i am not aware at that time i should have mentioned YES even after my I140 got pulled off.!!!!

in the interview consular told me that i have a immi. petiotion pending. i said it has been pulled off. he said its not so. and he read the DSC form and said i should have mentioned YES instead of NO. He gave me 214(B). and denied tourist visa.

i was really frustrated my employer didnt pull the I140 off and i gave a wrong answer for the question in DSC form.

now i am offered by another employer for a job thru. h1b visa.
will i get a h1b visa? or i will be denied for h1b ? or am i at the mercy of the consular who can stamp me or reject me?
plzzzzzzzzzz . answer........... i am really frustrated

jammy, india.

[peace]

Likelihood is great in your favour because 214(b) does not apply to H-1b and L-1 visas( they are called dual intent visas--you can have an immigrant intent
and still get these two visas).

[jammyy]

hi, thanks for reply.
but IN B2 INTERVIEW my 214(B) is coz of pending I140, AND WRONG ANSWER TO THE IMMIGRATION STATUS QUESTION. I TOLD THEM IN INTERVIEW I MARKED NO FOR THE IMMIG. PETITION QUESTION SINCE I ASKED MY EMPLOYER TO PULL I140 OFF ALREADY.
BUT ITS STIL PENDING. WILL THIS LET CONSULAR TO THINK I LIED DURING THE B2 INTERVIEW.
DO I NEED TO DO SOMETHING??/
PLZ REPLY
GOD BLESS
SATHIS

[peace]

If it the petition is still there, just write yes
on the form for H-1. If the officer asks you why you wrote no for B1, just tell
him about the confusion. I do not think you will have any problems if everything else about your H-1 petition is fine.