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Tust326

URGENT - DS160-"Have you ever been unlawfully present,... or otherwise violated the terms of a U.S. visa?"

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Hello,

I have a question about one question on the DS-160 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?"   Yes/No. If Yes, explain.

Let me explain my situation:

- I am on H1B visa.

 - I got layed off from my previous job on July 05 2017

- My last paystub (severance pay) was August 04 2017.

 - Found employer and filed for petition October 23 2017

- Received RFE asking more evidence to determine if I was maintaining status. 

- No further evidence was provided apart from explanation and already submitted paystub. (lawyer did not want to submit the termination letter)

- USCIS officer bought it and approved petition with I-94. I guess he assumed I was employed until August 04 2017 although I was terminated on July 05.

- Counting from July 05 (minus 60 days grace period) to October 23, I was out of status approximately one and a half month. 

- Counting from August 04 (minus 60 days grace period) to October 23, I was out of status approximately 2 weeks.

 

So to the question above on the DS-160 form, what would be an appropriate answer (Yes or No) and no sure what to explain if I say Yes. 

Any help would be appreciated. I am currently here in India for the visa stamping.

Thank you for you time.

 

 

 

 

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