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H1B Denied - Going for H4 Stamping

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  • H1B Denied - Going for H4 Stamping

    Hello Friends,

    I stay in US in H1B and my wife came to US on H4 in 2013. In 2014, she applied for a H1B visa through consultants and her H1B got denied. Yet to get the denial letter from consultancy. Now she have travelled to India for a month vacation and need to go for H4 stamping as her petition got expired already(Got new H4 extension approved).

    In DS160, there is a question "Have a ever been refused a US Visa, been refused admission to the US, or withdrawn your application for admission at the point of entry ?"

    Q1: What Should she answer for this question ? Yes or No? If Yes, please advise on what explanation to provide.
    Q2: If the consulate asks about her H1B denial, what should she answer ?

    Any advise in this is much appreciated !! Thanks !!

  • #2
    Originally posted by kkdaass View Post
    Hello Friends,

    I stay in US in H1B and my wife came to US on H4 in 2013. In 2014, she applied for a H1B visa through consultants and her H1B got denied. Yet to get the denial letter from consultancy. Now she have travelled to India for a month vacation and need to go for H4 stamping as her petition got expired already(Got new H4 extension approved).

    In DS160, there is a question "Have a ever been refused a US Visa, been refused admission to the US, or withdrawn your application for admission at the point of entry ?"

    Q1: What Should she answer for this question ? Yes or No? If Yes, please advise on what explanation to provide.
    Q2: If the consulate asks about her H1B denial, what should she answer ?

    Any advise in this is much appreciated !! Thanks !!
    1. By denial they mean denial at the consulate , a H1 petition denial is not a denial of visa. So the answer would be No.
    2. I doubt they would ask that.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      1. By denial they mean denial at the consulate , a H1 petition denial is not a denial of visa. So the answer would be No.
      2. I doubt they would ask that.

      This is my opinion not legal advice.

      Thanks for your reply Raghvi !!

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      Is there any one out there personally faced this situation?

      Comment

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