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Mitsmagis

Out Of Status H1B VISA stamping

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My original Can petition got expired on 9/15/2018

My amended petition got expired on 05/03/2018

My employer was under the impression that my I-94 is valid till 09/15/2018 and applied for extension on 08/20/2018 under premium processing. My extension petition got approved on 10/16/2018  but was not issued I-94 stating that I am out of status and need to go back to home country for stamping.

I have client letter to support and my pay stub are also there. I have every thing to mention that the extension was done base don the old petition by mistake. I left USA 08/19/2018.

What are my chances of my VISA getting stamped

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Make sure you are honest on the DS form and if they ask you question about it give the honest answer. if you are being truthful, you should have no problem.

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What is period of of my out of status? In the RFE they did not mention out of status, only in the petition approval they mention that they cannot extend due to employer employee status not being maintained from may till august.

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You may want to consult with your immigration attorney with your employer and get the situation documented in writing that will help convince the officer that it wasn't your fault.

By the word of mouth, it is easy for us to blame someone else for such actions where we face the consequence.

If I put myself in your place the first thing that came to my mind is the DS-160.

There is one question Have you ever been unlawfully present,overstayed the amount of time granted by an immigration official ...

My suggestion is to not lie on your DS-160 form with the fear of negative consequences. 

After you give your finger printing go to https://ceac.state.gov/ceac/ and put in your DS -160 Number, if you see a case number then the system has already identified you as a potential 221G candidate and prepare well for the officer to scrutinize your unlawful presence.

Everyone has a friend who has a friend who has a friend who has been through this situation.

I have a friend who took a written apology from the immigration team stating that due to clerical error they apologize for the inconvenience that he was going through and produced the same to the officer at the time of interview and successfully cleared and got H1B Stamped.

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Thanks Kerwin Ross for your advice. I exactly did what you had mentioned in your post. My VISA got stamped not much cimplicated questions asked.

 

Thanks again for your help and a very Happy Thanks Giving and happy new year

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