Applying B1 after H1B denied

[ssikkander]

Hi All,
I am Sidiq and have question in filling DS-160 for B1.

3yrs before, I got H1B stamping in Chennai for "X" company which is there in USA and I went and worked them nearly 1 and half year and switched to "Y" and worked them by having H1 approval (I-797) itself. After 8 months time, I came to India and went for H1B stamping for company "Y" since my H1B stamped for "X" was about expiring. When I went for stamping for “Y”, they stamped my previous visa with “CANCELLED WITHOUT PREJUDICE" and gave me a 221g blue form and asked me submit bunch of documents from employer side. My “Y” company employer took long time and submitted documents which mentioned in the 221g via VFS. After 5 months of time, I got all document back with one extra letter from US consulate states based on the information provided we are not able to issue you a visa this time because "Your petitioner doesn’t appear to be either able or willing to provide qualifying employment in US accordance with appropriate laws & regulations”.

After that I did not follow up and have not tried new H1. Now past 1 and half year, I am working in India for “Z” company and they are about filling B1 behalf of me and asked me fill Ds-160. I do not know what I have to fill (“Yes” or “NO”. if “Yes” then have text area to fill explains) for below two questions:

1. Has your us visa ever been cancelled or revoked?
2. Have you ever been refused a U.S visa, been refused admission to the states, or withdrawn your application for admission at the point of entry?

Could some one help me? It is urgent.

Thanks for advance
Sidiq

[raghvi]

Hi All,
I am Sidiq and have question in filling DS-160 for B1.

3yrs before, I got H1B stamping in Chennai for "X" company which is there in USA and I went and worked them nearly 1 and half year and switched to "Y" and worked them by having H1 approval (I-797) itself. After 8 months time, I came to India and went for H1B stamping for company "Y" since my H1B stamped for "X" was about expiring. When I went for stamping for “Y”, they stamped my previous visa with “CANCELLED WITHOUT PREJUDICE" and gave me a 221g blue form and asked me submit bunch of documents from employer side. My “Y” company employer took long time and submitted documents which mentioned in the 221g via VFS. After 5 months of time, I got all document back with one extra letter from US consulate states based on the information provided we are not able to issue you a visa this time because "Your petitioner doesn’t appear to be either able or willing to provide qualifying employment in US accordance with appropriate laws & regulations”.

After that I did not follow up and have not tried new H1. Now past 1 and half year, I am working in India for “Z” company and they are about filling B1 behalf of me and asked me fill Ds-160. I do not know what I have to fill (“Yes” or “NO”. if “Yes” then have text area to fill explains) for below two questions:

1. Has your us visa ever been cancelled or revoked?
2. Have you ever been refused a U.S visa, been refused admission to the states, or withdrawn your application for admission at the point of entry?

Could some one help me? It is urgent.

Thanks for advance
Sidiq

You have to answer YES to both the questions. First question mention CWOP and the Visa Number in the text area. Second Question mention 221G and the petition number.

This is my opinion not legal advice.

[ssikkander]

photo will be taken at ASC ?

Thanks for your quick response. There is another doubt. I filled DS-160 information along with US visa photo but in the conformation page, I am seeing in the place of uploaded photo as "Photo will be taken at ASC (Application service center)". is it meaning that uploaded photo not valid ? or am I selected any incorrect option ? Could you please clarify this ?

Thanks,
Sidiq