khushu_m Posted February 6, 2014 Report Share Posted February 6, 2014 Hi, My stamping was done by employer A and I transferred it to employer B in India. Stamping which was done by employer A was having expiration date of 23-Dec-2013. When employer B transferred it in India, got new I-797 valid till Mar-2016. When I entered US in Apr-2013, as my stamping was till Dec-2013, I got my I-94 till 01-Jan-2014. Me and my employer did not realized it till 29-Jan-2014 and once we realized it I flied back to my home country on 03-FEB-2014. So potentially I had 34 days of overstay. My employer is saying when I entered US as my I-797 was valid till Mar-2016, I should have given I-94 of Mar-2016. In all this confusion my overstay has happened. Now my employer is planning for new stamping and wants to send me on project to US. I want to know the implications of this 34 days overstay or out of status. Will USCIS allow me to get my visa stamped? If they stamp it, will there be any trouble while entering in US? Your suggestions will be highly appreciated. Thanks! Link to comment
jairichi Posted February 6, 2014 Report Share Posted February 6, 2014 Hi, My stamping was done by employer A and I transferred it to employer B in India. Stamping which was done by employer A was having expiration date of 23-Dec-2013. When employer B transferred it in India, got new I-797 valid till Mar-2016. When I entered US in Apr-2013, as my stamping was till Dec-2013, I got my I-94 till 01-Jan-2014. Me and my employer did not realized it till 29-Jan-2014 and once we realized it I flied back to my home country on 03-FEB-2014. So potentially I had 34 days of overstay. My employer is saying when I entered US as my I-797 was valid till Mar-2016, I should have given I-94 of Mar-2016. In all this confusion my overstay has happened. Now my employer is planning for new stamping and wants to send me on project to US. I want to know the implications of this 34 days overstay or out of status. Will USCIS allow me to get my visa stamped? If they stamp it, will there be any trouble while entering in US? Your suggestions will be highly appreciated. Thanks! Mention in DS160 at appropriate place that you overstayed in US. When asked by VO tell the truth. Should not be a problem. Link to comment
blancx Posted July 7, 2014 Report Share Posted July 7, 2014 Khushu, any updates on your situation? How was the visa interview? Link to comment
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