1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Urgent!! Form Ds-160 Question: Unlawfully Present Or Overstayed?

Discussion in 'Nonimmigrant Visa Validity' started by Traveller, Feb 17, 2016.

  1. Traveller

    Traveller New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    Hi,
    I am filling the form DS-160 which is used to take appointment for visa stamping in a US consulate in India.
    One of the questions asked in the form is:
    Q. Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a US visa? YES/NO

    My H1B visa expiration date and I-94 expiration date was 18-Sep-2015. My employer applied for a visa extension on 1-Sep-2015. This extension application was approved on 13-Jan-2016. Hence, I was working on the basis of the Receipt Notice between 19-Sep-2015 to 13-Jan-2016 because my application was pending with USCIS.

    Does this mean that I was unlawfully present or overstayed the amount of time granted by Immigration official?
    Will I be considered as out-of-status for the period between 19-Sep-2015 and 13-Jan-2016?

    Please send me replies as soon as possible. Much appreciated.
     
  2. New Guy

    New Guy Senior Member

    Messages:
    217
    Likes Received:
    134
    Trophy Points:
    43
    If your extension was delayed, it would have been overstay.
    If it was approved, you are good, since the approval date will be from your old visa expiry date.
     
  3. New Guy

    New Guy Senior Member

    Messages:
    217
    Likes Received:
    134
    Trophy Points:
    43
    I meant Denied not delayed
     
  4. Traveller

    Traveller New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    No, my new approval date is not same as old visa expiry date. The approval notice has a Notice date of 1/13/2016 and approval start date is also 1/13/2016. Does that mean I was unlawfully present between old visa expiry date and approval start date?
     
  5. New Guy

    New Guy Senior Member

    Messages:
    217
    Likes Received:
    134
    Trophy Points:
    43
    What was your requested date of start? If there's an error, you should make an infopass appointment and get it corrected.
     
  6. Traveller

    Traveller New Member

    Messages:
    6
    Likes Received:
    0
    Trophy Points:
    1
    The requested start date was the visa expiry date only and my lawyer says its not an error. He says if a decision is made after I-94 expiration, the notice of approval comes with the date of approval as the start date.
     
  7. DonDraper

    DonDraper Guru

    Messages:
    1,748
    Likes Received:
    1,307
    Trophy Points:
    113
    Nope. there was no unlawful status or overstay. As long as your h1b was filed before expiry of i-94/i-797 you are good
     

Share This Page