Hi I would be appearing for H1B Visa interview in a week from now. I have a question which I am not able to think of a suitable answer to satisfy VO. I hope you would help me. I had been to US earlier on L1 visa from one of my previous companies. As I resigned from that company, they cancelled the Visa as per their policies. After that, I applied for F1 Visa to do MBA in US. I got the stamping done in the second time(first time it was refused). I went to US more than a month prior to my university start date. The blunder I made is, I went to a different state than to the state where my University is. So, at POE, Home Land security caught me up and did not allow me to enter. They interrogated me about my universities my prior experience in us and all... and made me to wait for 2 hours and informed me that, as per our the law, I was not allowed to enter the united states and sent me back to India. They also recorded the questions I answered and got it signed from me(The reason I went to the different state was, I was planning to change my university to that state, When I inquired about this information If I can go to a different state, I have been told that it is allowed). In the interrogation, I also mentioned this point to them that I had a plan to change from XXX univ to YYY(these two universities are not a prefered one's) univ if at all it allowed by the govt of US. Even this was noted in the record and a case number was written on my VISA stamping and also on back page of my passport). So, they sent me back the next day back to India, and I had to meet the Immigration cell in India also, with a file they sent with me. I submitted it in the Immigration cell in India and came out. After that I tried for F1 two times for YYY university. First time I have been told that, I don't have sufficient funds. The second time also VO said it can not be issued at this time. I clearly asked what is the reason, I have been told that, I don't see you as a good student in US. Then I realized that I will not get F1 any more. I stopped trying for it. I jumped back to my career(into IT service). In May 2011, My employer tried to send me to US on B1 for attending the client based training for a new Project. VO directly asked me about my history... VO: you were refused two times - why are you challenging again? me: I am not challenging again. I quit the idea and jumped into my job. Now my employer want me to go there to get the training on the new project related stuff. Vo: If I found you fraud, I will make you not to enter United States for a long time. me: I don't say no for it you can check my documents and offered the docs to him. VO: In a harsh voice, I will ask if I need... then he checked some details and asked... VO: how long were you with your ABC company through which you had been to US? me: XXyears VO: you left after you came back to india? me: I was with the company for one year after my return and then I tried for my MBA. Then he kind of satisfied and asked about my current assignment... VO: who is the client you are going to work for? me: I said at this point of time the client is not confirmed yet, I am going to my company's US counterpart and to get trained there. VO: why can't they come here and train you. me: they are pretty much occupied with work so they are not finding time for it... VO: how many employees are there in your company in US? me:30 VO: who is the client you are going to work for... me: I tried to convince him with the similar answer again VO: okay, ask your employer to have one of your employees US to come here and train you and gave me refusal letter. I am not sure if he really refused it because I didn't give the client information or because of my history. After this happened, my employer directly applied H1B for me after consulting with an attorney. I clearly told her the whole story and sent her the case number written on my passport too. She read the whole case and told me that, It will not impact you any way in getting your H1B approval. Probably you might get a 221(g) when you go for the interview... but nothing will stop you in getting a stamping. As she said, I got the approval in december 2011. I have been waiting for client letter from that time. I got it last month. But on the same day it happened that I lost my passport in my room(thiefs entered my room and stollen my laptop along with the bag). I kept it in the bag the previous day to get the HDFC reciept. I got the new passport now... Sorry, the whole story is to give you clear idea before I ask you questions... Here are my questions 1. Had you been to US? -- should I answer yes and inform about only my stay on L1 or should I tell about the POE rejection later on too... 2. Why you were refused entry into united states? -- 3. you were refused F1 twice, refused B1 last year again you are applying? -- I am really confused here how to satisfy him with my answer? 4. Will he ask me to submit the W2 for my stay on L1 in 2008. Unfortunately, I don't have a copy of it now... :( 5. My current employer( not the H1B sponsor) name is recently changed to a different one. Does this affect any way? Thanks a ton for your patience for reading the case and answering it!
Whatever you answer for these questions in the DS-160 form, I believe they can see your history in the system. So its always advisable to state the facts.
1. Yes, you should mention your stay in the US. (Rejection at the PoE may not count, I think). 2. State the facts. 3. Various VISAs are for various requirements and you should say to the VO on your current reasons to apply for a VISA. 4. He might ask. 5. Carry the document that clarify this name change for the interview. These are just my thoughts...
One quote from Schindler's list :- "The truth is always the right answer." I would prefer to say truth. -Vipul