2

I have faced US B-1 visa rejection in November 2017 under section 214(b). I was nervous, shaking. I was able to answer but fumbling a lot.

Now, two days ago (May 14th, 2018) I found that I got my petition selected in the H-1B lottery.

Does the past rejection reduce my chances of success in the H-1B consulate interview?

Improve this question
4
  • 1
    Not necessarily. I got 214(b) in 1999 and then got an F1 to come to graduate school here the following year. So far as you didn't use any fraudulent documents or didn't commit fraud, you will be evaluated on the merits of the H1B petition and package. I was also previously on H1B for many years. H1B allows for dual intent.
    – Augustine of Hippo
    Commented May 17, 2018 at 15:20
  • 1
    If your prior 214(b) refusal was due to concerns about you returning home after your visit then this shouldn't have any impact on your H1B. As TheZealot noted above, H1B doesn't require you to have home ties to return to.
    – brhans
    Commented May 17, 2018 at 16:37
  • @brhans this is new to me that "H1B doesn't require you to have home ties to return to" check here 7 question from the top "immihelp.com/visas/h1b/…
    – paul
    Commented May 18, 2018 at 4:06
  • As TheZealot wrote, H1B allows for "dual intent". So unlike other non-immigrant visas like B1/2, H1B has a path to a 'Green Card' for permanent residency and there's nothing wrong with having this as your goal while on H1B. I've attended 2 H1B interviews (initial & extension/renewal) and in neither one was I asked about returning to my country of citizenship.
    – brhans
    Commented May 18, 2018 at 4:24

1 Answer 1

Reset to default
4

Well, INA 214(b) doesn't apply to H-1b, so you won't be denied an H-1b visa on the same ground. However, whatever negative factors caused your B-1 visa to be denied can still be considered in your H-1b visa application.

Improve this answer

Not the answer you're looking for? Browse other questions tagged .