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Old 05-10-2013, 02:06 PM
vizzz vizzz is offline
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Default Is an H1 extension denial a visa denial?

Hi,
I had already completed my 6 years of H1 and my company had filed for my labor (green card process) and based on the labor being filed had filed for my H1 extension. While my extension was pending, my labor was rejected and I knew that the H1 extension would also be denied on that basis. So I left the country immediately (April 28th 2012) while the H1 extension denial came on May 28th 2012.
My previously valid h1 was till 5 Dec 2011 but I was working beyond that since my H1 extension was pending.

Now I am planning to go back on H4 visa and while filling out the DS -160 form I came across the following questions:
1) Have you ever been refused a US visa?
Is the H1 extension denial counted as a visa denial? I was thinking yes but there are people on forums saying that a petition denial is not the same as a visa denial?

2) Has anyone ever filed an immigrant petition on your behalf with USCIS?
If my company had filed a Labor process does that count as an immigrant petition? Should I be answering Yes or No for this question?

I'm a little nervous because I do not want this to affect my H4 petition adversely?

Will greatly appreciate your expert comments?
Kind regards
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Old 05-10-2013, 02:19 PM
krishmunn krishmunn is offline
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1) No --- your visa was never denied. Petition and visa are two different animal

2) No -- no one ever filed a immigrant petition. It would have been yes had a 140 been filed.
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Old 05-11-2013, 01:27 AM
vizzz vizzz is offline
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Default

Thanks so much for the reply. Really appreciate it
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