H1B - D160 Question

[venky123]

Hello guys, I have some questions while filling the form DS 160.

Let me explain my case. My H1B extension got denied last year(2011). My company received denial notice from USCIS on Sep 16th 2011, so I left the country on Sep 25th 2011 (my I-94 expires on sep 15th 2011 ).

My company did not take any action after that.

Now I applied for new H1B through same company which got approved and while filling the DS 160 form not sure what to answer for this questions..Any Idea please let me know asap ....Thanks!

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?
(YES/NO):
EXPLAIN:

Has your U.S. Visa ever been cancelled or revoked?
(YES/NO): .
EXPLAIN:

Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry?
(YES/NO):
EXPLAIN:

[shervin143]

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?
(YES/NO): Answer Yes.
EXPLAIN: Explain that your extension got denied and you left the country immediately after receiving the rejection of extension.

Has your U.S. Visa ever been cancelled or revoked?
(YES/NO): Has your U.S visa (not the petition) in the passport ever been cancelled or revoked? Answer accordingly.
EXPLAIN: If it was revoked, explain the reason that was given to you while revoking the visa.

Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry?
(YES/NO): This question is also on the visa and not on the petition. Has your been rejected at the consulate or have you been refused entry into U.S at the POE. Answer accordingly.
EXPLAIN: If the answer to the above question is Yes, then give the reason that was given to you.

[venky123]

shervin,

Thanks a lot for the prompt response..

Regarding this question

Has your U.S. Visa ever been cancelled or revoked?

(YES/NO): YES – EMPLOYER RECEIVED INTENT TO DENY NOTICE BUT PROJECT ENDED AND I HAD TO RETURN TO HOME COUNTRY.
EXPLAIN:

My company's HR says above answer and she says that if we don't respond to rfp H1B will go to revoke status. Can please let me know if it's true or not.

[shervin143]

There is a difference between petition and visa. Your HR is talking about the H1B petition that is filed by the employer on your behalf. RFE is associated to the petition. Visa is something that you get stamped in the passport by visiting a U.S consulate. The question is clearly about your visa in the passport and not about the petition. So answer accordingly.

shervin,

Thanks a lot for the prompt response..

Regarding this question

Has your U.S. Visa ever been cancelled or revoked?

(YES/NO): YES – EMPLOYER RECEIVED INTENT TO DENY NOTICE BUT PROJECT ENDED AND I HAD TO RETURN TO HOME COUNTRY.
EXPLAIN:

My company's HR says above answer and she says that if we don't respond to rfp H1B will go to revoke status. Can please let me know if it's true or not.