Tier 1 - Form - Other than UK Visa refusal related

[dilip_gem]

Hi,
I'm planning to apply for Tier 1 in the month of Jan'2009.
In 2007 I applied for H1 B through a consultant. I got the approval notice but when I went for Stamping in the month of Aug2007 I was given blue-221g form (requesting additional docs from petitioner - i.e Consultant).

My consultant could not provide me the required documents (like client invitation letter, emp list, tax papers, project related artifacts etc) . He gave me few documents which I submitted in Sep'2007. and In Oct'2007, I was issues white 221g i.e case was returned to USCIS (it's like home office) for further review.
In the white 221g they have mentioned " Your application for the visa has been refused under 221g of immigration act ....As your PETITIONER was not able to or willing to provide qualifying employment as per US law. The case has been returned to USCIS for review. In case if we need any docs we will get in touch with you".

I asked in many forums and also to vfs. They say this is not a rejection.Infact all 221g are not rejection cases. but the letter says "..been REFUSED under 221g of immigration act .."

I would like to know whether I should mention this as refusal in the Tier 1 application form in the section "Have you ever been refused visa by any of the countries?". Should I consider this as Refusal? Even thought the rejection was because of my petitioner's docs not being in order,If i mentioned this refusal in my application, will it affect my case?

Please advice.

Thanks and Regards,
Gem

[vinny]

It sounds like a visa refusal that should be mentioned, possibly with an explanation.