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-   -   When to file for eb1-a (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/when-file-eb1-818313/)

Springy6 Dec 19th 2013 6:18 pm

When to file for eb1-a
 
For the last couple of months, we have been gathering all the evidence for an eb1-a petition. Our attorney is now putting the case together and is keen to file before the end of the year. Whilst not wanting to be a pessimist, we have a holiday booked for Feb and don't want to jeopardise it with any possible visa denials issues. Has anyone any thoughts on when we should file? Will it be an issue for future travel?

ian-mstm Dec 19th 2013 6:31 pm

Re: When to file for eb1-a
 

Originally Posted by Springy6 (Post 11045211)
Whilst not wanting to be a pessimist, we have a holiday booked for Feb and don't want to jeopardise it with any possible visa denials issues.

What's the connection between a holiday and a visa denial? Why are you concerned?

Ian

Orangepants Dec 19th 2013 6:59 pm

Re: When to file for eb1-a
 
File the petition whenever it is ready.. and if the petition is approved before Feb, book your apt at the consulate after you return from holiday if you have concerns about the visa being denied.

Springy6 Dec 20th 2013 6:19 am

Re: When to file for eb1-a
 
Thanks for you replies. The internet is a great source of information but I seem to be picking up lots of threads about esta entry denial after applications for other visas have been denied. As holidays are so precious, really don't want there to be even a small chance of not being able to go ahead with our holiday which was booked last summer - would have a less than happy family!

Marocco Dec 20th 2013 7:59 am

Re: When to file for eb1-a
 
Does a denied EB1-A petition count as a visa denial?

ian-mstm Dec 20th 2013 12:11 pm

Re: When to file for eb1-a
 

Originally Posted by Springy6 (Post 11045743)
I seem to be picking up lots of threads about esta entry denial after applications for other visas have been denied.

Yes, ESTA is often denied following a visa denial. I'm still trying to understand why you think going on holiday will somehow be linked to a visa denial. You, yourself, indicated that you're ready to submit an EB-1A petition. A petition isn't a visa... so I don't understand your concern.

Ian

ian-mstm Dec 20th 2013 12:11 pm

Re: When to file for eb1-a
 

Originally Posted by Marocco (Post 11045790)
Does a denied EB1-A petition count as a visa denial?

AFAIK, no denied petition counts as a visa denial... EB-1A or otherwise.

Ian

Springy6 Dec 20th 2013 4:11 pm

Re: When to file for eb1-a
 
Thanks Ian. As the petition is going, from outside the US, in with PP, didn't want to be in a position where it was possibly denied quickly (ever the pessimist!) and then not be able to go on holiday in February to the US using our current estas. Would never be forgiven! I hope that makes a bit more sense.

Marocco Dec 20th 2013 4:59 pm

Re: When to file for eb1-a
 

Originally Posted by Springy6 (Post 11046299)
Thanks Ian. As the petition is going, from outside the US, in with PP, didn't want to be in a position where it was possibly denied quickly (ever the pessimist!) and then not be able to go on holiday in February to the US using our current estas. Would never be forgiven! I hope that makes a bit more sense.

As Ian has pointed out, a denied petition is not a denied visa.

Chrisdc Dec 21st 2013 4:06 pm

Re: When to file for eb1-a
 
Don't forget, your attorney (if they are worth their salt) will only file a petition they are confident will be successful.

It's easy to get into the spiral of pessimism. Best just to move forward with your life and deal with things as they happen.


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