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H1B petition transfer was denied-What answer for statutory question

Vicky11

Newbie
Sep 25, 2018
9
0
Hi,

I was denied H1B petition transfer to new employer.What should I answer to below question while filling express entry questionnaire:

1)Has XXX been refused refugee status, or an immigrant or permanent resident visa (including a Certificat de sélection du Québec (CSQ) or application to the Provincial nominee Program) or visitor or temporary resident visa, to Canada or any other country?

2) Has XXX ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?

Does permit means H1B petition ? Both questions are confusing.If someone can clarify.
 

sid1987

Champion Member
Jul 4, 2018
1,806
902
ottawa
Category........
FSW
Visa Office......
Ottawa
NOC Code......
2173
Job Offer........
Yes
App. Filed.......
19-06-2018
AOR Received.
19-06-2018
Passport Req..
25 -07-2018
VISA ISSUED...
01-08-2018
LANDED..........
04-08-2018
Hi,

I was denied H1B petition transfer to new employer.What should I answer to below question while filling express entry questionnaire:

1)Has XXX been refused refugee status, or an immigrant or permanent resident visa (including a Certificat de sélection du Québec (CSQ) or application to the Provincial nominee Program) or visitor or temporary resident visa, to Canada or any other country?

2) Has XXX ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?

Does permit means H1B petition ? Both questions are confusing.If someone can clarify.
h1b is not visa.. I had same.. said no
 

navinball

VIP Member
Feb 26, 2018
3,664
1,643
Technically your i129 ie a petition for a temporary foreign worker was denied. So the work permit was denied. I'm guessing you should answer yes. But as sid says his pr got approved so I'm not sure if they can find out.
 

sid1987

Champion Member
Jul 4, 2018
1,806
902
ottawa
Category........
FSW
Visa Office......
Ottawa
NOC Code......
2173
Job Offer........
Yes
App. Filed.......
19-06-2018
AOR Received.
19-06-2018
Passport Req..
25 -07-2018
VISA ISSUED...
01-08-2018
LANDED..........
04-08-2018
Technically your i129 ie a petition for a temporary foreign worker was denied. So the work permit was denied. I'm guessing you should answer yes. But as sid says his pr got approved so I'm not sure if they can find out.
yes sir... Bec petition is not visa... that question is ambiguous .. I had answered no...one of mine was denied like last yr when new rules came...as USCIS also says.. i797 is not travel doc or visa... and it does not guarantee you that you will get visa
 

Vicky11

Newbie
Sep 25, 2018
9
0
yes sir... Bec petition is not visa... that question is ambiguous .. I had answered no...one of mine was denied like last yr when new rules came...as USCIS also says.. i797 is not travel doc or visa... and it does not guarantee you that you will get visa
But petition is also a work permit to continue work in the country.Does that not answer question 2) as Yes ?
 

sid1987

Champion Member
Jul 4, 2018
1,806
902
ottawa
Category........
FSW
Visa Office......
Ottawa
NOC Code......
2173
Job Offer........
Yes
App. Filed.......
19-06-2018
AOR Received.
19-06-2018
Passport Req..
25 -07-2018
VISA ISSUED...
01-08-2018
LANDED..........
04-08-2018
But petition is also a work permit to continue work in the country.Does that not answer question 2) as Yes ?
U can argue on this as i said its an ambigous question because usa does not consider h1b petiton as work permit nomeclature wise...i said no.. i have pr and pr card .. so i can tell from my exp
 

Pt0102

Newbie
Jul 25, 2019
8
0
Hi,

I was denied H1B petition transfer to new employer.What should I answer to below question while filling express entry questionnaire:

1)Has XXX been refused refugee status, or an immigrant or permanent resident visa (including a Certificat de sélection du Québec (CSQ) or application to the Provincial nominee Program) or visitor or temporary resident visa, to Canada or any other country?

2) Has XXX ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?

Does permit means H1B petition ? Both questions are confusing.If someone can clarify.
Hi - did you get the PR? Was your application approved? Did you say Yes or No to both the questions?