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H1 or CR1 after K1 (denied then asked to come for second interview then we withdrew it)

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Hi Folks,

So I was denied my k1(after a rude demeaning four question interview) at Mumbai Consulate over couple years ago. We bit the bullet(cough*Racism*), moved on with our lives. But wait, BAAM! a couple months later I get a call from Consulate saying please come and interview again. #######, at that point we had made our plans so we withdrew it. We have proof from Consulate saying that they received our withdrawl request and were sending the K1 back to NVC/USCIS. Later through my now awesome wife's senator's office we confirmed with USCIS that they let it expire.

PHEW!

We both live together in Canada now and go to school here. I have been getting a lot of calls from recruiters for jobs in US. A lot of graduates of my program have moved to US on H1. We were planning on staying in Canada for couple years after graduation and apply for CR1 in the meantime. But looks like H1 is a dual intent visa and I can get one and apply for CR1/AOS later when in the US.

So, lets get to my question now, I have ample proof that my K1 was technically not DENIED but WITHDRAWN. Does this affect my H1 application if I have a job offer in the US ? Should I play safe and apply only for CR1 and not try H1 as if they deny my H1 (logically they shouldn't as I do have intent to move to US and it doesn't affect it, but I have nightmarish experience with illogical Visa Officer before) then future CR1 might get complicated.

Any advice is welcome. Not to be rude but please don't reply based on your feelings if you are new here. I need some veterans to come here and help me out.

VJ is the best!

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It doesn't really matter either way for H1. It sounds like you were not denied at the first interview but given Administrative Processing, which is a soft, temporary denial.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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I do not like to disagree with Harpa.

Generally there are only 2 outcomes of a visa application, denial or approval, and this was not an approval.

Your file, you have an A number will join up the dots anyway.

H1b is a lottery so getting a job and then a visa sounds a long shot.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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It seems to me that they got AP which they misinterpreted as a denial, then they got a second interview, and then they withdrew the petition/application before the second interview. If they got a second interview then the visa was not denied the first time, or else the petition would have been sent back to the US. They could have gotten approved at the second interview, but they never went.

That's my reasoning, anyway. Open to a consensus as always.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Will be interesting to see any other views.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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When a case is put into any sort of administrative processing, it is denied in the consular systems under 221g. The 221g forms that the applicant is given usually say something along the lines of "This is considered a denial under US immigration law." So, the technical answer would likely be "yes". It is a safer answer because, no matter what you say on the form, they already know about your application, 221g denaila, and the outcome of the case. Saying "yes" makes it look lke you are going the extra mile to be as honest about the situation as you can. It will have no material impact on whatever visa you would now apply for.

Edited by jan22

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