Springy6

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

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

Ian

Orangepants

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

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

Does a denied EB1-A petition count as a visa denial?

ian-mstm

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

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

Ian

Springy6

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

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

Chrisdc

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.