DS 160 Query

[AvishekBose]

Greetings All!

Kindly advise on following questions from DS160.

Situation: I was in USA on H1B, and the extension request was denied(Employer firm did not disclose reason), but I stayed over for approx 80 days post i94 expiry date, basis on extension receipt, and left USA within 7 days of receiving the denial notice.

Back in India, extension was refiled and it is approved. 

Need your help with following questions in DS 160 Form.

Q 1: Have you ever been refused a U.S. Visa, or been refused admission to the United States, or withdrawn your application for admission at the port of entry?

On USCIS portal it shows I129 petition was denied. Does that mean that I have to say 'Yes' for visa denied question? If Yes, what I need to explain, if I do not know the reason of denial, is that fine?

Q 2: Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?

I was present as extension was in progress, and left within 7 days of denial, and it was 80 days after i94 expiry date. 

So do I need to say Yes for above question.

Q 3: My previous visa expired in December, so I am still withing one year and reapplying extension now. Am I eligible for drop box considering the case of I129 denial on the first attempt?

Thanking you all in advanced for any insight.

Regards.

[02112018]

Contact Murthy Attorney.

[cloud92k]

could you please let me know your update. 

[AvishekBose]

On 10/20/2018 at 4:18 AM, cloud92k said:

could you please let me know your update. 

As instructed by our lawyer team, I answered 'No' as my visa was never denied, but it was the extension petition.

On the 2nd question, I did not overstay, as I stayed based on my extension process was in progress, and left within a week after getting the denial.

And my visa extension was approved this time. Thanks.