B1 Visa denied in January.. can I get an ESTA

[SusieQQQ 11,586]

13 minutes ago, geowrian said:

Rare indeed...odd for the immigration attorney to suggest it wouldn't be an issue.

Indeed, especially considering a 2.5-year old Murthy article about whether these would survive noted “Many U.S. consulates disfavor the B-1 in lieu of H1B classification and generally decline to issue such visas.”

 

 

[Boiler 45,541]

43 minutes ago, Crowlz said:

So to update y’all on my situation, my company wanted me to work on a B1 in lue of h1b. They wanted to place me on the east coast for 6 months at a time. the companies immigration lawyer said it was a sure thing until the embassy official literally denied me on the spot. I am excited to get back to the US because I met my fiancé there last year and we’ve been meeting in Toronto to hangout and she’s been flying to Ireland because of thIs pain so I was hoping I could get back for a couple weeks but it seems I should just wait out until my k1 is approved early next year. 

I am not going to comment on the validity of the application, obviously a category that exists and whatever the Lawyer thought the Consulate disagreed.

 

It does seem that a B refusal will eventually clear, I would give it at least 6 months since your last refusal. There is no way of being certain how long it will take.

 

 

[Boiler 45,541]

15 minutes ago, SusieQQQ said:

Indeed, especially considering a 2.5-year old Murthy article about whether these would survive noted “Many U.S. consulates disfavor the B-1 in lieu of H1B classification and generally decline to issue such visas.”

 

 

I have seen them issued in London, for what it's worth.

[SusieQQQ 11,586]

1 hour ago, Boiler said:

I have seen them issued in London, for what it's worth.

- not worth much to OP, and the denial plus subsequent B2 denial is still a problem for him irrespective of who else gets issued them ...

[Visitor User 253]

11 hours ago, Crowlz said:

Hey Guys,

I hope you can help me here. I was denied a B1 visa in January of this year that my company told me was a sure thing. I was denied because of the insufficient ties to Home. Anyway fast forward to today and I’m currently waiting for my K1 to be approved but I’d like to visit my fiancé in America for Christmas. I’m thinking of applying for the ESTA. I tried the B2 (tourist visa) route a week after my previous denial and that was also denied. I just want to spend a couple of weeks in America with my fiancé. Do you think I should apply for it? Will an esta denial show up on my immigration record and effect my k1 chances? I’m tempted to apply for the esta and if they deny it just wait but if they approve happy days. Any help would be greatly appreciated!

Insufficient ties to which home?

[Lucky2Lucky 2,526]

It would probably be less of a headache for her to visit you in Ireland.

[ineedadisplayname 499]

12 hours ago, SusieQQQ said:

Correctly denied, as geowrian said. Surprised a corporate immigration lawyer suggested this.

I am not surprised at all. Especially in IT.... I was offered a position like this, where I would be hired by a local company and placed in NYC for 3-4 months with "possible extension". When I asked which visa they sponsor, they told me it's B1 and they will prep me for the embassy interview..... Said no on the spot....

[Boiler 45,541]

4 minutes ago, ineedadisplayname said:

I am not surprised at all. Especially in IT.... I was offered a position like this, where I would be hired by a local company and placed in NYC for 3-4 months with "possible extension". When I asked which visa they sponsor, they told me it's B1 and they will prep me for the embassy interview..... Said no on the spot....

Prep in this case = telling you to lie 🤐

 

Not that it really matters but in this case the thing that struck me was going out for 6 months, maxing the allowed duration, which seems odd taking into account the normal use for a B in lieu of H1b.

[ineedadisplayname 499]

22 minutes ago, Boiler said:

Prep in this case = telling you to lie 🤐

 

Not that it really matters but in this case the thing that struck me was going out for 6 months, maxing the allowed duration, which seems odd taking into account the normal use for a B in lieu of H1b.

Yeah,  I was sure about it.

Also I was glad that we already were in the process of reading about visas, how to obtain them, etc to be able to be together because this way I knew what would the consequences be accepting that job offer.....(The HR was super surprised that I knew all the stuff about the visas, I assume they were not expecting that)  Otherwise who wouldn't like to have an opportunity like that? The bad part is that even after year if the whole stuff comes back to hunt you, the only person is responsible for it is you, the company won't care.....

I think the less damage is still getting denied at the interview instead of getting banned for illegal work....

[Boiler 45,541]

10 minutes ago, ineedadisplayname said:

Yeah,  I was sure about it.

Also I was glad that we already were in the process of reading about visas, how to obtain them, etc to be able to be together because this way I knew what would the consequences be accepting that job offer.....(The HR was super surprised that I knew all the stuff about the visas, I assume they were not expecting that)  Otherwise who wouldn't like to have an opportunity like that? The bad part is that even after year if the whole stuff comes back to hunt you, the only person is responsible for it is you, the company won't care.....

I think the less damage is still getting denied at the interview instead of getting banned for illegal work....

My Brother worked for a major NY based financial company that everybody would have heard of, did a stint in NY and at that time quite common for them to bring over IT staff on B's for 6 months from India, numbers games, as long as enough got through all was good. The ones who did not make it, tough.