UK Visa after H-1B Petition Denied

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My employer had applied for a H-1B visa back in FY2020. The Form I-129, Petition for Non-Immigrant worker visa was denied by the USCIS. So my application was refused at the USCIS, and not after an interview at the US Embassy / Consulate. Now I am applying for a U.K visa and one of the questions is "For either the UK or any other country, have you ever been Refused a visa". Should I answer this question with a YES or a NO?

The reason I ask this is because my US visa petition was denied by the USCIS and not the Consulate. So does it qualify as a rejection for me, since it is not the case that I have been through the US H-1B visa interview and got rejected?

Appreciate any help I can get in this matter!






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What happens if H1B petition gets denied?

If your H1B transfer is denied, you will have a grace period to find alternative employment or transfer to another visa status. Once your transfer is denied, you can remain in the U.S. until the departure date listed on your I-94 arrival/departure card.

Can I apply after H1B denial?

Can my H1B application be refiled? Yes, if you receive a denial from USCIS for your H1B then your employer can file second 1-129 to ensure all the errors are corrected.

How long can I stay after H1B denied?

How long can you stay in the US after an H1B transfer denial? If your H1B transfer is denied, you can only stay in the US lawfully until the expiry date on your I-94 card. Remaining in the US out of status and unlawfully will have serious implications on any future US immigration applications.

What happens when RFE is rejected?

What can you do? Receiving the denial notice issued by USCIS means that you are given the opportunity to file a motion to reconsider or reopen, or you can appeal the decision (Form I-290B). The deadline that you will have to meet is 33 days of the decision date. Besides, there is a filing fee of $675.



How my H1B visa got Denied! What to do if H1B is Denied.




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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