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.
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.
All the best for the interview and please keep us posted about your H4 visa
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.
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.
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
Thank you. Really helpful and appreciate the quick response. Have a great year!
My h1b extension petition was rejected on july 13 2018 as per denial notice and i traveled back on july 20 2018 with 7 days over stay technically. My i94 was already expired in mar 2018.
Now my new h1b petition is approved and while filling ds160 should i say YEs/No for overstay question.
Please share your experience with this question and outcome in interview.
Hi is there anyone here who went through this process recently? I have the exact same question.
Background - was working in the US on H1B visa in 2019. My I-94 was valid until Apr 30, 2019. My employer applied for an H1B extension on Apr 22, 2019 so I continued working in the US. On Nov 14, 2019 USCIS denied my H1B extension petition. My lawyer received the decision notice a few days later and I immediately made plans to exit US. I finally left on Nov 25, 2019 (~11 days after my extension was denied).
Question - I’m now applying for F1 visa. In DS-160, how should I answer this 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? (Yes/No)"
I was in the same situation applying for H4 Visa… I had answered this question as No…because even I left within 10 days of knowing about the denial. Technically i dont think you are violating any terms of visa
But this is my personal opinion not a legal advice. If you are not sure get advice from an attorney.