My husband came to US in H1 with a valid visa stamping in 2006. Had his visa extension in 2008. We went to India for vacation in 2008 before his visa expired but came back to US after the visa expired (15 days later after the visa expired) not realizing that it is expired. In the port of entry, paid fine and we were allowed with I-193. He is going to back to India after 5 years and attending the visa interview in Chennai. Does having an I-193 going to cause any problems with the visa stamping? He works as a full time employee to an US based company for the past 6 years and have applied for GC. Please help!!!
I don’t think it will be a big issue as since that incident USCIS has approved his H-1 petition. Still the officer can ask questions related to that incident and the best thing to do is to reply truthfully. In the worst case scenario, the officer can put the case under administrative processing.
He should also consult his lawyer about it.