Question:

If a B Extension is denied......

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My friend is here with a B1 visa. He applied for an extension of the visa before the I-94 expired. The I-539 is still pending. We have a question: If the his I-539 is denied by USCIS, it means my friend must leave US quickly. If he leave US quickly after he receives the denied letter, will it have bad effect on he new visa application to reenter US. I mean can he apply for a visa to reenter US after he comes back to his country? Will they reject his new visa application? Thanks.

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  1. The denial of an I-539 does not automatically cause a denial of a visa application. The reason for the denial of the I-539 may not be sufficient for a denial of an application for a new visa, especially if the visa applicant is trying for a visa in a different classification.

    They will not reject the visa application. Whether they approve or deny it, no one knows until the day of the application.


  2. it should not affect his application for a new visa, though it also depends on what type of visa he is trying to obtain. if he came in a tourist visa, got to work and eventually goes home to his native land and applies again for another tourist visa, they may question him. but as long as he did not over stay or broke any laws, he should be ok.

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