Filling DS-156

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rakeshs73

New Member
Hi,

I am filling up the DS156 form and are few questions which I need your help to answer.The reason is

I was in US till May'2009 on H1B. The validity of my H1B visa and I-94 was till Mar-2009. Since I had changed the employer in Feb'2009, the employer had applied for H1 tranfer and I was in US based on the tranfer application. I got H1 tranfer rejection notice in Apr 2009. After that I had to return to India since I was out of status.

After this I had again applied for fresh H1B which has been approved and I have to go for the H1 interview. Can you please help in aswering the below questions in DS156.

1. Have you ever been refused a US visa?
2. Have you ever violated the terms of a US visa or been unlawfully present in, or depoted from the United States?

What should be the best answer to the above question.

Thanks in advance
 
Do you know what was reason for h1b transfer denial, if it is because you did not maintain status then i think you might have to answer yes to q.2.(if you stayed more than grace period) Again if transfer did not happen due to deficiencies on part of employer, then you would not be in violation and promptly left us upon notification of transfer denial. I am assuming denial is because employer was unable to provide documentation USCIS called for. Hypothetically if you were not maintaining h1b status, then transfer petition would gets approved but Extension of status (EOS) would be denied.
 
rakeshs73 said:
Hi,

I am filling up the DS156 form and are few questions which I need your help to answer.The reason is

I was in US till May'2009 on H1B. The validity of my H1B visa and I-94 was till Mar-2009. Since I had changed the employer in Feb'2009, the employer had applied for H1 tranfer and I was in US based on the tranfer application. I got H1 tranfer rejection notice in Apr 2009. After that I had to return to India since I was out of status.

After this I had again applied for fresh H1B which has been approved and I have to go for the H1 interview. Can you please help in aswering the below questions in DS156.

1. Have you ever been refused a US visa?
-- The answer to this question is NO, if your Visa application was never rejected at a consulate
2. Have you ever violated the terms of a US visa or been unlawfully present in, or depoted from the United States?
-- The answer to this question is YES, if you stayed in the US beyond the expiration of your I-94 at any point of time OR if you have been deported for any reasons.

What should be the best answer to the above question.

Thanks in advance
Click to expand...

Please see above
 
Thanks for your inputs.
Just to answer the query raised by you.

Firstly H1B trasfer petition was rejected because employer did not furnish the relevant documents asked in RFE.

Second, I left USA within the 30 days given in the H1B rejection notice

So, should I put "NO" in both of the questions in DS156.

1. Have you ever been refused a US visa?
2. Have you ever violated the terms of a US visa or been unlawfully present in, or depoted from the United States?
 
rakeshs73 said:
Thanks for your inputs.
Just to answer the query raised by you.

Firstly H1B trasfer petition was rejected because employer did not furnish the relevant documents asked in RFE.

Second, I left USA within the 30 days given in the H1B rejection notice

So, should I put "NO" in both of the questions in DS156.

1. Have you ever been refused a US visa?
2. Have you ever violated the terms of a US visa or been unlawfully present in, or depoted from the United States?
Click to expand...

If you were given 30 days to depart US by USCIS, you did not violate terms of non-immigrant visa. If I were you, I would answer "No" to both questions and carry all supporting documentation when I attend the visa interview.
 
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