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Unique H1b Stamping Situation - Please Help

Discussion in 'Nonimmigrant Visa Applications' started by shaf1994, Jun 25, 2016.

  1. shaf1994

    shaf1994 New Member

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    Greeting Everyone,

    Last time i applied for visa extension in 2013 and it got denied for some reason.

    I went back to india and applied new h1 without cap from there and it got approved and went for stamping.

    However i answered 'Yes' in DS 160 form where there is a question on overstay because i stayed in US for couple of days more (less than 15 days) after my extension is denied. US consular officer questioned it and told him that extension was denied and took couple of days to settle personal matters.
    Consular accepted the explanation and said i don't have any issues in getting visa stamped but they want to do some checks and hence issued 221g pink slip which took 3 months to get resolved and got my visa and travelled to USA in 2014.

    Now in 2016 - i applied for extension and its approved and i am going for stamping to india and planning to answer 'No' for overstay question in DS-160. will there be any issues in stamping this time. If i had answer 'Yes' for this question during last time - will this pop up this time also on consular's screen even if i mark no this time ?. i am nervous. Please someone help.

    Thank you very much !!
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You should answer yes and explain. They have your records from all previous applications.
     
    shaf1994 likes this.
  3. shaf1994

    shaf1994 New Member

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    Thank you Ron. If i answer yes and even if i explain him that i dint stay more than 2 weeks - will there be any potential issues in stamping ?. because last time consular questioned me and he gave 221g pink which took 3 months to resolve. I am going only for short vacation.

    Have you heared anyone with mentioning about overstay YES but not questioned in the interview.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Since they resolved the issue last time, and they have a record of that, I doubt that you will get another 221(g) for the same issue. On the other hand, if you answer no, and they compare it to your last application, there could be a problem.
     
  5. shaf1994

    shaf1994 New Member

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    Thanks Ron. I understand now. I will be happy if they have records from last time and don't issue 221g now. I will mention 'YES' f or overstay and explain the same answer which i gave last time.

    Is there any chances of not even being questioned about this overstay during this time. I heard someone from H4 category mentioned Yes for overstay and not even questioned.

    you are awesome !! helping millions of people !
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I'd say that there is a probability that you won't be asked about it this time because it was resolved last time.
     

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