Next Step after H1B Visa denied

USA H1B Visa
1

Hello Everyone,

This is the first time, I’m writing on such public forum and as no where I was able to relate with my issue. I hope someone should be able to answer and suggest me in right direction.

I’ve requested to upgrade my H1B transfer in premium on 24th Feb’17. I got RFE on 2nd March’17, which was responded and eventually USICS denied my petition on 31st Mar’17.

The twist in my case was that H1B visa was denied on 31st March’17 while my Visa and I-94 too expired on the same day. However original electronic I-94(issued to me in Nov’2014) allowed me to stay till 10th April. Electronic I-94 was never updated as I’ve not traveled back to India since I landed in USA back in 2014.

The different dates on my I94 was due to an amendment, filed by my earlier employer in 2015 for change in location and the grace days on my I94 was reduced to be same as my Visa expiry date( 31st March’2017).

I left US on 10th of April’17 and currently been in India.

My questions:

I know, I’ve overstayed by 10 days but does that hurt my chances of getting the approval my new H1B petition? How soon my new employer(who was my client) could file my new H1-B petition? What precautions should I take, when my new H1-B petition is filed again?I’m in the middle of crisis, any other suggestion or advice in this regards would be hugely appreciated.

Thanks,Anshul Jain,Bangalore India.

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  1. You may be asked about it when you reappear for stamping. Explain the situation to him, and they might be lenient. Usually 10 day grace period is given on issued I-94 and that is why your I94 expired after H-1 expiration date.

  2. Anytime now

  3. Find a good employer who has a better chance at approval.

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Thank you Saurabh.
Are there any chances of rejection due to overstay, as it was unintentional and accidental.
Do I need to mention the same while I filling the DS-160?
What should be the safe or appropriate reason, in-case i have to fill in those details?