B1 Extension got Denied

[gokulvenkat]

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.

[t75]

Your H1B will not be affected.

Since you left before the decision on your extension, your B1/B2 should be valid if the date is still good.

Do NOT enter on B1 in order to do any work other than that allowed on B1 visa. Some "bad" employers try to have employees work on B1 before H1B approved start time. This can hurt you in the future.

[gokulvenkat]

Hi,

Thanks for your reply.

During H1B visa interview whether i need to carry all the document related to B1 extension?

[harihere]

gokulvenkat,

No harm in carrying documents, if you have it or can be obtained before interview.

If you don't have it and cannot be obtained, have the valid reason ready to answer in case if asked for it.

That applies to any documents and not just B1Extension. This can save time and prevent unnecessay hassle.

[gokulvenkat]

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.