H4 overstayed

SKTPHK

By SKTPHK,
in H1B : H-4 Issues

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SKTPHK Newbie

SKTPHK

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Hi,

I filed H1B petition with ex employer and received approval till 9 th September 2018, me and my dependents got stamping for the same period, I traveled to US alone in August 2016 and moved to current employer in July 2017 and have valid I-797 till May 2020, my dependents were in India at the time of movement so they are not included or they don't have approved petition.

Dependents traveled to US based on prior stamping and we are under impression that my petition will be valid for them as well but recently got to know they have to return back to India for stamping, could you please suggest any alternative? if they need to get stamping, what answer should provide in DS-160 for the question "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?".

Please provide update, thanks in advance.

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shekar11# Advanced Member

shekar11#

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18 hours ago, SKTPHK said:

Hi,

I filed H1B petition with ex employer and received approval till 9 th September 2018, me and my dependents got stamping for the same period, I traveled to US alone in August 2016 and moved to current employer in July 2017 and have valid I-797 till May 2020, my dependents were in India at the time of movement so they are not included or they don't have approved petition.

Dependents traveled to US based on prior stamping and we are under impression that my petition will be valid for them as well but recently got to know they have to return back to India for stamping, could you please suggest any alternative? if they need to get stamping, what answer should provide in DS-160 for the question "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?".

Please provide update, thanks in advance.

It needs to be Yes and you can provide explanation.

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