# I-140 and I-485 question



## andreyx108b (Mar 15, 2015)

Hi guys, 

In 2009 my employer's I-140 and I-485 AOS petition had been denied (filed for me). I am now submitting an application form for an Australian visa and I am being asked have you ever been refused a visa? My question is - are I-140 and I-485 considered to be visa applications which were refused? 

I've e-mailed the lawyer who worked with myemployer back in 2009, however, he is not responding. I am going to call him monday. 

Thanks


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## Bevdeforges (Nov 16, 2007)

I think you need to ask this over on the Australia forum since it concerns your application for a visa for Australia.
Cheers,
Bev


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## andreyx108b (Mar 15, 2015)

Bevdeforges said:


> I think you need to ask this over on the Australia forum since it concerns your application for a visa for Australia.
> Cheers,
> Bev


They wouldn't know anything about I-485 or I-140 petitions in Australia forum... I have been looking for an answer all over the internet - had a talk with an immigration agent from AU - he is not sure what are these peritions and how/if do they differ from visa applications.


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## Bevdeforges (Nov 16, 2007)

Actually, your best course of action might be to "disclose" - giving the specific documents that were denied. Better to tell them and let them decide whether the information is or isn't relevant than to have them find out later that you failed to disclose relevant information.
Cheers,
Bev


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## andreyx108b (Mar 15, 2015)

Bevdeforges said:


> Actually, your best course of action might be to "disclose" - giving the specific documents that were denied. Better to tell them and let them decide whether the information is or isn't relevant than to have them find out later that you failed to disclose relevant information. Cheers, Bev


 Yeah i also think i will disclose, the denial reason was "not sufficient managerial responsibilities" so nothing major or criminal.. Just the role was inappropriate or rather role description... but my employer decided not to reapply...


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## twostep (Apr 3, 2008)

You were never denied an AUS visa.


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## andreyx108b (Mar 15, 2015)

twostep said:


> You were never denied an AUS visa.


I never applied for AuS visa, but the question is about any visas to any country.


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## Bellthorpe (Jun 23, 2013)

twostep said:


> You were never denied an AUS visa.


Quite. But that wasn't the question being asked.

The question was did I-140 and I-485 AOS petition refusal constitute visa denial?

In my opinion the answer is 'no', as neither of those is a visa application.


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## Bevdeforges (Nov 16, 2007)

twostep said:


> You were never denied an AUS visa.


Some countries do it one way, others do it the other. The US forms seem to only want to know if you've been refused a US visa or entry to the US. I know of one or two other countries where they really do want to know if you've been refused a visa from any country. But in either case, better to disclose and have them say, no, that's not relevant, than to not disclose and have them be able to come back later to say "you hid this information from us."
Cheers,
Bev


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## twostep (Apr 3, 2008)

andreyx108b said:


> I never applied for AuS visa, but the question is about any visas to any country.


Sorry- got the countries mixed up.


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## twostep (Apr 3, 2008)

Bellthorpe said:


> Quite. But that wasn't the question being asked.
> 
> The question was did I-140 and I-485 AOS petition refusal constitute visa denial?
> 
> In my opinion the answer is 'no', as neither of those is a visa application.


Immigrant Petition for Alien Worker | USCIS


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## Bellthorpe (Jun 23, 2013)

Quite. Do you have a suggested answer for the OP's question?


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