NIW I140 denied, will it affect COS from H1 to F2?

[rach97gan]

My H1b will expire on 10/22/13, now plan to COS from H1 to F2.  I previously had a denied NIW, will it affect the COS?  Specifically there is a question on form I 539 "3. Answer the following questions.  If you answer "Yes" to any question, describe the circumstances in detail and explain on a separate sheet of paper. b. Has an immigrant petition ever been filed for you or for any other person included in this application?"

If I answer yes, and say that NIW was filed and later denied, will that be construed as having immigration intention therefore affect COS from H1 to F2?  Thank you for your help!

[JoeF]

The I-140 shows that you have immigration intent. That will likely prevent a COS to any status that doesn't allow immigration intent, such as F2.

[ateetshah]

Not likely, but please consult qualified immigration attoney.

[pontevecchio]

You did apply for an Immigrant Petition.  If you say No they will find out and deny your COS and also possibly ask you to leave. If you say Yes, you may get away with a suitable cover letter. Have a Lawyer handle the matter.

[JoeF]

 

If I answer yes, and say that NIW was filed and later denied, will that be construed as having immigration intention therefore affect COS from H1 to F2?  Thank you for your help!

 

Oh, and you HAVE to answer yes to that question.

Lying about it could result in a lifelong ban.

[rach97gan]

Not likely, but please consult qualified immigration attoney.

 

Thanks, two lawyers said the chance of my old denied NIW affecting COS to F2 is small and that my answer is fine just adding case number.  Is there any other advice for my situation?  what would be a plausible explanation, or do I need to explain other than stating the fact?  I mean I HAD the intent when on H1b but it was denied and no existing petition, if that's construed as I will always have the intent in the future, then it may mean I never get an nonimmigrant visa?  That sounds contrary to what I have been reading of other people's experience.  Please advise.  Thanks!

[pontevecchio]

You have a denied application for an Immigration Petition. You are depending on the charity and Goodwill of the Officer. Strictly speaking the COS should be denied. But strange things happen under the aegis of the USCIS. If you paid 2 lawyers why would you confuse yourself by asking laymen in a forum?