us visa

[vasu]

Hello kayalami,
My brother is a indian natinal and worked as programmer in UK for 2 years on a workpermit.
during his tenure in UK , he had applied H1b visa from us embassy in london in the month of feb 2004,
his visa was refused under 221g and was kept under administrative processing, it has been almost 18 months and he never got any reply from them , the only reply he got was his case was pending due to adminstrative processing, my brother was frustrated and had decided to with drawn the case, he mailed to them to with draw the case and the case has been withdrawn.
he came back to india and is working in india as a software engineer for a reputed IT company.
he got a offer from another IT company from usa.they have sponsered him another H1b.he gave all his documents including the copies of his passport which has his UK visa on it.
due to the postal fault he lost his passport, and he applied for a new pasport, and got the new passport with the old passport number on it.
last week he got all his documents from US company ,
he will have to apply for a visa in usembassy in india
my questions are
while filling the DS156 form , there is a column which says have u ever been refused a US visa.
should he write as his visa was refused in london or should he write as no his visa was not refused.
will the usembassy in london share the information with the us embassy in india based on the old passport number which appears on the newone.
he is really confused as to tell the truth or just take a chance by not telling that he has applied visa in london.
please reply back .
thanks

[Kayalami]

while filling the DS156 form , there is a column which says have u ever been refused a US visa.
should he write as his visa was refused in london or should he write as no his visa was not refused.

You tell me...what do you think he should write? I will give you a clue...

<his visa was refused under 221g and was kept under administrative processing>,

will the usembassy in london share the information with the us embassy in india based on the old passport number which appears on the newone.

Of course. That he was previously under admin processing already guarantees extra scrutiny.

he is really confused as to tell the truth or just take a chance by not telling that he has applied visa in london.

Under the Immigration & Nationality Act it is an offence to submit false infomation to obtain an immigration benefit e.g. a visa. You will be found permanently ineligible for a US Visa. What do you think you should do?

Given that H1B quota was used up in Spring how is it he has an approval this late in the day?

[vasu]

Hi,
while filling the ds156 form, there is a columen which says that have u ever been refused us visa.
my answer is NO.
please give me ur clue as my answer is NO
please also give me ur clue if my answer was YES.
the reason why he was asking is he got a new passport now with old passport number in it.
How would the us embassy in india know if he says that he never applied for US visa .
can he take a chance?
or can he tell that he applied and the case was left under additional administrative processing and he has with drawn the case.

The h1b which was applied at london embassy inthe year 2004 has been with drawn,
the h1b which he is applying is a new one for 2005-2006 quota and is a diffrent company,

[Kayalami]

my answer is NO.

1. Why is your answer no?

2. What date (month/year) was the 1st H1B visa application (in London)?

3. What date (month/year) is the 2nd H1B visa application (in India)?

[vasu]

Hi , kayalami,

first h1b applied at us embassy in london in the month of december 2003 ,case with drawn in the month of feb2005.came to india same month
and lost his passport on the way to home from airport, applied for a new one and got the new one with the old passport number on it.
second h1b applying in the month of dec2005 at us consulate in delhi,India.

the reason why my answer is NO because he already had adminstrative processing on his first h1b which took more than 16 + months and no reply , and he has withdrawn his case from us embassy in london.

he doesn't want to face the same situation which he faced in london, so he would defnitely say NO , he never applied for any visa in london.
if visa officer check his previous records such as his old passport number and finds that he is lying , then his doors are closed forever , but if the visaofficer doesn't check his previous records then he might get the visa.
so please tell me whether my cousin should take a chance or not.

[Kayalami]

With respect it doesn't matter how you word the admin processing.....I believe you know that he (brother?? cousin???) was refused a visa and that he should tell the truth in the new application. If you are asking me what is best then read my post before - tell the truth and nothing but the truth.

Applicants believe that once denied a US visa you will always be denied...not always true. If the circumstances that led to the prior refusal are overcome then a visa will be issued. Admin processing could have been for several reasons which may turn out plausible to include:

1. Verification that the H1B petitioner was bona-fide.

2. Verification of stated educational qualifications and work experience.

3. Verification of identity where there is a hit on the state department/ Homeland security records of someone with a similar profile having an adverse immigration record and/or who may be of security concern...he should have left the application in place in case it was security related as he would have been cleared on this saving time in future applications.

The provision of false information on a US visa application makes you permanently ineligible to enter the US period - how will they know about his history...his details are on record to include relevant biodata and if applicable biometrics.

I'm sure you get my message loud and clear...it will not change regardless of how many times you ask.