H-1B Extension Denied.Need help with DS160 for H4 Application


#1

My H1B extension was denied on Sept 12th, employer received denial notice on sept 18th and I departed US on Sept 25th. My I94 had expired on March 27th.

I am now applying for H4 Visa and need help with following question on DS160 form

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?

Should I answer it as Yes or No? Would the period between Sept 12th to Sept 25th accounted as unlawful presence and should be mentioned ? Because I did not violate any visa rules or terms as the question says.

Please help


#2

I am in a similar situation. My HEx was declined on June 22nd and I left the country in 3 weeks. My I94 was expired on 5th Feb but I was working while my HEx was in process. I am now applying for a H4. on the DS 160 , I have answered NO for the question -“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?”.

However, I am not sure of my answer. I have my Visa interview tomorrow.

Can someone please advise.

Thank You

Subha


#3

Hi Subha,
All the best for the interview and please keep us posted about your H4 visa


#4

My visa was approved today. I answered the specific question as No. My understanding is as long as candidate has not violated the 240 day rule, it is not treated as unlawful presence. In case required further evidence may be presented with your entry exit dates and case history.
This is my personal experience and not a legal opinion.
Hope this helps.


#5

I am in the same situation. How did your interview go rajashreek? Even I have responded NO in my DS160 and have my interview in a couple of weeks.


#6

Hi. If you did not violate any visa rules then it should be ok to mark this question as NO.If asked in the interview you can provide all correct details. Dont try to hide or miscommunicate anything. My interview went well and I was asked only 3 question 1) where does your husband work 2) which city are you going to 3) how long have you been married.
All the best for your interview.

P.S- Above is just my understanding and not a legal advice


#7

Thank you. Really helpful and appreciate the quick response. Have a great year!