Previous Visa Refusals

[SSDN4673]

I have been offered a job by a tech employer (FAANG type) in Dublin with a higher side of a 6-figure salary.

I have Singapore PR (REP - Re-entry permit for 5 years till 2024 - renewed in 2019 - was in Singapore for 2017-19), however, for the past 1.7 years (since June 2020), I have been in India. I maintain Singapore PR via economic activity (3 bedroom apartment in Singapore, usually go 1-2 times a year for residency reasons - last time I went there was in 2020).

In 2019 end, I also got Australian PR which I have till Jan 2025, however, I never stayed there after June 2020 - except for joining a job there for 3 months (went just before the pandemic and thought it is not for me. Came back to India in June 2020 via Vande Bharat (it was so difficult to travel back, but fortunately was able to return to join another tech company in India in July 2020) and have been living here since then.

I was once refused H1B in 2014, however, got it the very next year, but never used it.

Sorry very fickle-minded - changed jobs quickly

I have a question will Ireland think I keep getting visas and then choose to return back to India - so why grant a CSEP or visa to him? An immigration lawyer from that tech company says these PRs or unused visas are not of much value for CSEP processing and won't affect your Type D visa. He also said people are free to choose what job they like and choose to stay in whichever country they like!

PS, I am an Indian Passport Holder. I got multiple Schengen Visa (4-5 visa stamps) and renewed my B1/B2 in Mumbai, India recently via dropbox. My last Schengen visa granted was for 3 years (never used due to Pandemic - granted in Jan 2020 - active till Dec 2022). I work for one of the biggest tech companies (FAANG) as a Director in Bengaluru, India

[meself2]

What do they have to lose, judging by these conditions? If you stay here - good for them, if not - well, they got fees from you.

[SSDN4673]

Don't know I thought if they think this guy usually doesn't stay! but I have my reasons

Australia - the pay was lower than my India pay
US - My wife wasn't getting right to work

Ireland seems to be best we both get right to work and good pay

[SSDN4673]

In applying for a Type D visa for CSEP from India - we have to declare previous visa refusals. I had two visa refusals

1. B1/B2 Visa refusal in 2009 for the US and then eventually got in 2010, but I do not have that slip which US embassy gives for 214(b) rejection. I have everything except that slip of 214(b) which is very generic in nature

2. Second 221g refusal for H1B which was was overturned as I got H1B within 3 months

So I shall declare previous US visa refusals but then I only have a letter for H1B refusal (221g) and not for B1/B2 refusal (214b). Please note I have both US visas now. I have used B1/B2 multiple times. H1B I never used.

Shall I include a letter of explanation that I do not have 214(b) refusal slips issued in 2009 and also tell them what these refusals mean? The immigration lawyer just asked me to tell them that I don't have a refusal slip for 214(b), and give them reasons for both refusals. They would know what 221(g) or 214(b) means as multiple people get that for the US.

Please note I have multiple visas for Schengen countries, Singapore, the US, Japan, and Canada

Definitions of 214(b) and 221(g) Refusal

What does a visa denial under INA section 221(g) mean?

A visa denial under section 221(g) of the INA means that the consular officer did not have all of the information required to determine if you are eligible to receive a visa. This means you are not eligible for the visa now, but your case is pending further action for one of the following reasons:

Your application is incomplete and/or further documentation is required - Applicants whose application forms or other documentation are incomplete are refused. If further documents are required to complete your case, you will be informed of what is needed and how to provide it to the embassy or consulate. You will also be given a letter stating your application has been denied under 221(g) and listing which documents you need to provide.
Administrative processing - Further administrative processing of your application is required before a decision can be made regarding your eligibility for a visa. You will be given a letter stating this and next-step instructions after the administrative processing is complete.

What does a visa denial under INA section 214(b) mean?

This law applies only to nonimmigrant visa categories. If you are refused a visa under section 214(b), it means that you:

Did not sufficiently demonstrate to the consular officer that you qualify for the nonimmigrant visa category you applied for; and/or
Did not overcome the presumption of immigrant intent, required by law, by sufficiently demonstrating that you have strong ties to your home country that will compel you to leave the United States at the end of your temporary stay. (H-1B and L visa applicants, along with their spouse and any minor children, are excluded from this requirement.)