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  • B1 Extension got denied

    Hi,
    In 2009, I came to US with my B1 visa for training and Knowledge transfer. I got my I-94 for inital 3 months. And my I-94 expiry date was 30th April 2009.

    During mid of April we realized that my training and knowledge transfer need to be extended for another 2 months beyond the I-94 expiry date.

    My company applied for B1 extension till 30th June and I got the confirmation letter from UCIS and 13 digit receipt number that my application is being processed before I-94 got expired.

    I left US by 28th June 2009 and reached my home country by 30th June 2009.
    Till that date my status of B1 extension was "under progress" only.

    Later after 6 months when i check the status of my extension with the 13 digit number, it was mentioned as below,

    ""On July 28, 2009, we mailed you a denial decision notice for this case I539 APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 15 days of July 28, 2009, please call customer service at 1-800-375-5283 for further assistance.
    During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision."

    But i left US by 28th June 2009 and I got my home country port of entry by 30th June 2009.

    After that i changed my employer also in my home country.

    My currently employer is processing a H1B visa to apply in April 2013 for my travel by Nov 2013.

    Will my B1 extension affect my H1B visa during my consulate visit or in approving my H1B petition?

    In my Passport I have 30th June 2009 as my port of entry in my home entry. Will this be enough to prove that i left US before i came to know about the extension status.?
    Since the extension status as per UCIS website is on 28th July 2009.

    I do have copy of completed I-539 form and receipt notice received from UCIS before I-94 expiry will this be enough during my visit to consulate that i applied my extension before I-94 Expiry date.

    Since my B1 visa got denied whether my visa becomes void?

    Please let me know.

  • #2
    Whatever happened will not affect your H1b petition or h1b visa.

    But it can affect your usage of your B1 visa again.
    The next time you enter on your B1 visa,they will ask you when you left last time , and you will have to show them proof of extension denial
    ( the actual letter will help) and the stamps on your passport that you left before you received the denial letter.

    Comment


    • #3
      Hi,

      During 2009, my Canada business visa got rejected twice.
      First time during my extended stay in US with B1 visa, I m applied for Canada business visa and it got rejected saying that i haven't provided sufficient information for about my home country tie up.
      Second time, after returning to INDIA my company applied again for Canada business visa for 3 week duration to finish of one business meeting. Again it got rejected.
      Will these two Canada business visa rejection affect by US H1b visa for this year.
      I already applied for H1b visa and my petition got approved.
      Whether i need to specify about Canada visa reject in any of my US H1b application form or DS-160 form.
      Will the US consulate office ask about Canada visa rejection?

      Comment


      • #4
        Originally posted by gokulvenkat View Post
        Hi,

        During 2009, my Canada business visa got rejected twice.
        First time during my extended stay in US with B1 visa, I m applied for Canada business visa and it got rejected saying that i haven't provided sufficient information for about my home country tie up.
        Second time, after returning to INDIA my company applied again for Canada business visa for 3 week duration to finish of one business meeting. Again it got rejected.
        Will these two Canada business visa rejection affect by US H1b visa for this year.
        I already applied for H1b visa and my petition got approved.
        Whether i need to specify about Canada visa reject in any of my US H1b application form or DS-160 form.
        Will the US consulate office ask about Canada visa rejection?
        NO. There is no relation to the canada visa denial. The DS 160 form does not ask you about visa denial to other countries.

        Comment


        • #5
          Hi, Thanks for the reply. During my H1b visa interview will the consulate officer ask about my Canada visa rejection letters also. Whether I need to keep it with me for future reference.

          Comment


          • #6
            Hi,

            I got my H1B petition, now i m filling my DS-160 for visa interview process. I am having a question related to security and backround information.

            In security and backround information, they is a question asked like

            "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of U.S. visa?"

            Since i have applied for extension of my B1 visa and stayed there during my extension period beyond my I-94, whether i need to say "Yes" for the above answer and provide explanation that I applied for B1 extension before my I-94 and got my receipt number.

            Please let me know what I need to answer for this question in DS-160.






            Originally posted by peace999 View Post
            Whatever happened will not affect your H1b petition or h1b visa.

            But it can affect your usage of your B1 visa again.
            The next time you enter on your B1 visa,they will ask you when you left last time , and you will have to show them proof of extension denial
            ( the actual letter will help) and the stamps on your passport that you left before you received the denial letter.

            Comment


            • #7
              You would have to answer YES to this question because you didnt have any approval to stay from April 28th 2009 onwards.

              This is my opinion not legal advice.

              Comment


              • #8
                Hi all,

                Thanks for your opinion for me thread. I got my H1B visa stamping done. US consulate officer didn't ask anything about my previous B1 travel and extension. I hope this should not be a problem for me in future with H1B visa like H1B extension etc.

                Comment

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