Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.
Well, I can tell you three things:
1) The visa officer was wrong to bring up lack of ties to the UK. The H-1B is a dual intent visa. This means that it is not required to have strong ties to your country.
2) However, the visa officer was correct in denying you for being the sole-employee. The employer must have the right to hire and fire the employee. You aren't going to fire yourself. Unfortunately, that is enough to deny the visa. Here is a link to a USCIS memo on the subject:
3) Once you have any denial of a visa, you are never supposed to use an ESTA again.
Now if you did not apply for the H-1B itself and applied for the B-1, then the visa officer was correct to deny you the B-1 if they believed you did not have enough ties to your home. Besides, you would have been denied the H-1B later for the aforementioned reason.
Unfortunately, nothing can be done about the ESTA at this point. You could try to re-apply for a B visa again and show stronger ties.
As to the E-2, there is no reason that the E-2 should be denied just because you had a problem with the B visa. However, the E-2, like the B-1 or B-2, is a non-immigrant intent visa. So you will have to show some strong ties to the UK. Not as much as with the B because they are more lenient with the E-2. But you should definitely try to apply for the E=2 as you should have more chance of success with it.
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Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
I will provide you with two links that may be helpful. The first is to an article that will explain what they look for when issuing a non-immigrant visa like the B-1 or B-2. The second is a list of things that can be presented to prove non-immigrant intent and the strong ties to the home country.
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