Wish to hear from Sajha Members for the following issue:
One of my friend's B1 visa extension application (I-539) has been denied and he is going back to Nepal within 30 days as the DENIAL LETTER from USCIS. He has 5 years of B1 Multiple Visa. Can he come to USA after 6 months in that same visa or he needs to apply for the new VISA since he is denied for the extension ? Heard entry port in USA may deport back if visa extension is rejected before if he comes again on the old visa. Any idea and experiences ????? 

i don't think that there should be any problem when he travels back to US after sometime.. he can enter US anytime but at the port of entry they will ask your friend the purpose for traveling back US.. and he should be able to answers back why he applied for the visa extension when he was here. for that he can say that he wanted to travel weat coast if he was in east coast or vice versa.. but the purpose of the visit next time he enters the US must be clear.. that's just in case.. but as he is ready to leave the country after he was denied the extension there should not be much problem for the next time.. but may sure you can answer them back with out any doubt.. i hope other then put some more input in this regards.. thanks..

Thanks for the response from BostonKtm. Any experiences from sajha community members in this regards ??????

Iam not an Immigration Lawyer but as long as he/she didn't over stayed his/her denied extension (i.e leave the country within 30 days) then he/she should not have problem to come back with in that 5 years multiple visa period.

I afree wiith himalaya178, As long as he doesn't overstay annd leaves US before the time noted in rejection letter, he won't have any problem coming here again with same VISA as it it good for 5 years. But one more thing, he has  to stay in nepal for at least 9 months before coming to US again. I thnk that is requirement for multiple-entry VISA.

   

I am just curious, when did you applied for extension 2-3 month before or just before termination of your visa or after termination?  Did you need to say the reason to extend your visa?

If he/she has crossed I-94 expiration date, then I believe that his/her visa will be automatically VOID. He/she has to apply a new visa to re-enter. He/she can return on the same visa if he/she leaves US before the I-94 exp. date.  Search murthy.com, you will find info on this kind of case. Best

 

Thanks for the response to himalaya178, u day, berojgar and friendlysis. By the way visa extension was applied 1.5 month before to be expired and received notification letter from USCIS/INS. u day, is there any info available in any source either he should stay 9 month in NEPAL ? So far as his I-94 is crossed while waiting decision for pending case of I-539/Visa extension from INS, then will it affect since it is not fault from Him. As he is told from his collegue and travel agent, its not problem n he can visit USA in his multiple visa again. Any SAJHA members' expereinces and view will be highly appreciated.

What was the reason given by USCIS for the rejection?

Reason  mentioned from USCIS in summary is as follows:

1.  insufficient financial support and family and economic ties to back country
2. the applicant appears to be engaged in a variation of the same indeterminate activity since arrival with no definitive conclusion.

To whom it may concern....(this is the only information for the sajhas members')

Today we talked to USCIS and they have clearly mentioned he needs to leave US within 30 days and 5 years multiple visa has been canceled whatever would be the reason. Need to reapply for the fresh visa at the US Embasy in NEPAL again if he wants to come USA. Still there might be chance for the "motion to reopen case". In order to apply fee will be $585 + lawyer's renemeration. It is really socking. Now onwards, I am afraid to suggest any nepalese B1/B2 visitor to think 100% if they are really in need to apply for Visa extenstion. There is 50-50 chance to get approved/rejected. Everything will depend upon mood of USCIS. Seems like playing with fire..at least in my fren's case. He has clearly mentioned the affidavit supports letter with the sum of US $40,000.00. Its is weird that USCIS mentioned insufficient money. No doubt, he poses good economic and family ties to Nepal. So far as this gentleman never work to any gas station or anywhere once he came here.

So far as any experience regarding this kind of situation pls let us know.

Sathi Ke Hola,

Sorry to hear that your friend's extension request has been denied.  By the way, while you called USCIS, did you talk to a customer service representative or an immigration officer?  I would believe only if it was an immigration officer. If  I were you, I would call again and see there next response. I have seen different answer  in another forum. Here is the link to the forum for your reference

http://forums.immigration.com/archive/index.php/t-152986.html

RHC

How long does it take for the USCIS to make decision. I filed B2 extension on Dec 1, got reciept on DEC 7 and havent heard from them yet. My parents I-94 expires on Feb 6. They have return ticket on Feb 1. Is it okay to stay until the decision come and leave within 30 days if rejected. Are you guys sure that if the extension is rejected the visa becomes void even if they leave on time. Need help guys!!

would appreciate to hear from any members in this regards !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Surexh,

To my understanding, USCIS mentions that the extension request has to be filed at least 45 days ahead of your I-94 expires. Hopefully, it will not apply to your parents' application.  Regarding your questions :  It could take up to six months . We applied an extension request for our aunt's status extension on July 2008 and got a denial notice on January 5, 2009. She is leaving on 28th of January as she has to leave this country within 30 days. Anyway, good-luck

Is anyone coming back to USA whoever's I-539 is denied  and left to USA within 30 days notice of USCIS ? Wondering if US Port of Entry - Immigration officer permitted to enter USA ? Pls post it....

Hi I have same case. My mom is planning to leave before 30 days of denial letter. Has anyone whose extension has been denied come back again? If so, after how long?

nisha101
I  applied for extension for my parents B2 visa on Dec 1, processing date was feb 6 , but got a letter from Vermont that the case was transferred to California and it is still pending. It;s been pending for 4 months. I dont know how long does it take. What was the reason for your mom's rejection. can you clarify please. How long ago did you apply. Was your case transferred too.. I am just curious. Thanks in advance.

Someone on this thread has clearly mentioned the fact that the moment your visa extension is rejected, your visa becomes VOID. I just wanted to reiterate since it has happened to my relatives. We were under the impression that as long as the case is pending, you are on status. It is true. However, if the extension is rejected, the letter says you are out of status effective from the date of the decision. If you leave within 30 days, there is no 3 years or 10 years bar in reentering. But one must reapply the visa.

 

Therefore, I highly recommend that you should send your friends/family back home before they get rejection letter. If they leave and later the visa extension gets rejected, the visa doesn’t become void. Hope this helps.

One more thing… the chance of getting approval is only 50/50. Our case was also transferred from Vermont to California. We did extend the visa successfully the first time they came. They sent 3 pages long letter this time explaining why it was rejected even though we thought we submitted better documents/reasons than before. If they want to reject, they will find enough reasons to deny extension. We wouldn’t file for extension if we knew the consequences. So, be careful guys!

I had listed reason for extension as helping with my baby and apparently that always gets rejected. I should have done some research beforehand. Has anyone come back after being denied extension and if so how soon?