Desh

I was offered a job with a company based in the US in 2009. The employer submitted the petition for H1B which was successful.
I went with my passport and documents for the interview at the US consulate in London. The interview went well and I submitted my passport etc. However few days later I received my passport and H1B documents in the post without the H1B stamping.
The reason was – “Passport has expired. Please send in new passport”
I did not send the passport and continued working in the UK instead. So basically I decided against moving to the US and take up the job offer.
Do I need to declare a denial for all future applications including ESTA ?

Jerseygirl

Welcome to BE.

If you have been asked to declare a denial…then you must answer the question truthfully.

tht

You are usually only asked to send your passport for visa “stamping” when the visa application is approved. Now if not getting a visa stamped then defaults to a denial is not a question I have seen before.

Desh

My son would like to visit the US for a holiday and hence the interest now. However, I would like to tread carefully and not fall into a US visa denial rabbit hole.

Former Lancastrian

Common sense would probably come to the conclusion that your H1B visa application was abandoned rather than denied however feel free to pay hundreds to a lawyer who might tell you the same answer.

civilservant

The usual statement on BE is that there are only two ways in which a visa application ends. Approval or Denial.

Anything that is not an approval is a denial, including the applicant failing to comply with the visa process.

Desh

So its the time to decide if I need to book an appointment for a b2 at the biggest visa cattle market there is, aka US embassy in London.
It will be like pulling teeth to get them to give me a visa.
Hopefully others can give me some (free) advice here, rather than discuss this with an immigration lawyer and expect to pay hundreds of pounds for their services.

Rete

Hmmm, at least you are the cattle and not the prodder. Have to ask if you are being a FAH or is this an example of your humour?

You have a criminal background? A citizen of another country that isn't on good terms with the US?

Quote:

Hopefully others can give me some (free) advice here, rather than discuss this with an immigration lawyer and expect to pay hundreds of pounds for their services.

You get what you pay for and you don't get anything for free. Is there really only two answers .. approval or denial? Your visa was apparently approved but was abandoned by your failure to send in your passport for stamping. Is abandonment a denial? The US Consulate didn't do anything to your H1B visa. You are the culprit for not following through with at least a courtesy reply to the cattle prodder err US Embassy that you were abandoning your visa attempt. You took the action not the US Embassy.

Give up a few pounds sterling and seek consultation from an immigration attorney.