DS 160 application issue


Furrukh

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 I was working on completing DS 160 application for the H4 visa and was hoping anyone could help with the below question in the application
 
"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?"
 
I was on H1B and my H1B visa is till 12/31/2018 and i have H1B stamped also but i got laid off , My last working  was Feb 16th with my employer and i came to India on May 8 for getting H4 stamped.  Could you please provide answers to my specific questions below
 
  1. Firstly, how do I respond to the above question (in blue), "Yes" vs "No"
  2. In my case, do i fall under the "unlawfully present" or "overstayed the amount of time" category or none?
  3. If I answer yes to question (in blue), how many days is she "unlawfully present" or "overstayed the status" ? Do I count it from Feb 16th or Apr 16th (Based on the 60 day grace period rule)?
  4. Lastly, is it okay to answer "yes" and provide an explanation as to why we have overstayed. If yes, could you please provide some guidance on how i should write the explanation to avoid any risk in getting the H4 visa stamp. Also a side note that i did have some medical appointments during the course of last 2 weeks and last week as well which i needed to attend in the US.  

Your response is appreciated 

Thanks

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From Feb 16th you will 60 days bcz of layoff. So from Apr 16th, will count the days. But nothing to worry to answer as Yes and explain the reason. I left US after 5 days of out of status and I answer as Yes for the question and explain the reason(for getting the tickets and other settlements). It doesn't show any effect on my h4 stamping. There were no questions asked about it at the time of interview. 

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