Was rejected B2 under 214b) and applying H1-B

D

DocyBear

Registered Users (C)
Hi

My friend was rejected for a B2 visa last November (fresh BBA graduate) and is offered by an US employer for H1-B sponsorship this April. I was wondering if her previous record of rejection will affect her application?

Also, She is a Singaporean and qualifies for FTA H1-B1 Visa, which differs from traditional H1-B visa by requiring to prove non-immigrant intent. But the employer is willing to apply either professional H1 Visa for her so which is better (FTA H1-B1 or Traditional H1-B) or either one will be fine?

Please advice, thank you very much:eek:
 
It depends why she was rejected. There are many reasons for a refusal of a visa, including lack of sufficient ties outside the US.
 
She was rejected under 214b) unable to overcome the presumption of immigrant intent. We had requested 6 months on the B2 application form thinking the dates granted will be flexible, but apparently if we put down 6months we are specifically asking 6 months!! :eek:

As a Singaporean, She had traveled to the states 3 times already under Visa waiver program for 90days for the past 3 years, she never overstayed. We though it would be nice for her to stay longer this time after graduation. The thing is the person at the US embassy Singapore did not informed her that if her visa application is rejected she wouldn't be able to use VWP again!!! :mad:

Her entire family including both of her parents in their 60s, sibling and relatives are all living in Singapore and her assets including Banking fixed deposit which was established long time ago and housing deeds are also based in Singapore. The only one here in the states is me, I was from Singapore too and currently attending college here. How can they assume that she wants to marry me here and stay here as I am only a PR and it is dumb to marry a PR and wait for 5-7 years outside for a PR vacancy to open up......And I am a POOR college dude!!! :(

The advantage of the FTA H1-B1 is that it does not subject to quota limitation since it was never filled before. But like I had mention she had to prove her temporary intent here in the states. I had consulted a lawyer he said that the intent for H1-B1 and B2 is very different since for working visa the intent is to work in the states so the ties outside US must be more family based and for B2 which is entirely different must prove non-intent through both family and working ties.

Please advice. Thanks
 
But as I have read on the US embassy website for Singapore, H1-B1 for Singapore is different from the traditional H1-B because the H1-B1 applicants have to show non-immigrant intent >.<
 
You are correct, as per this link H1B1 visa (U.S. - Singapore free Trade Agreement Professional) requires a non-immigrant intent. Thus a B-1 refusal may have an impact unless the circumstances of the refusal has substantially changed.
 
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