DS 160 VISA overstay questions

[ricky10]

what should I answer to "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?"

H1 Extn receipt notice date:  7th August 2017

I-94 expiry date: 3rd september 2017

 H1 Denied: 8th January 2018

Left US: 11th April 2018

 

1. Does overstay starts from the next day of I-94 expiry? If yes, that means did i overstay 220+ days as i stayed until April 2018?

 

2. Does overstay starts from the day i have received my H1B denial notice? If yes, that means I have overstayed 93 days.

 

3. What do i have to answer to 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?" in DS 160?

 

PS. My employer/ immigration attorney says that I should answer "NO" because I didn't cross 180 day period based on the number of days calculated from H1 Denied to date I left US which is like 93 days.

 

I am confused with this completely, can you please assist?

[shekar11#]

On 3/2/2019 at 1:23 AM, ricky10 said:

what should I answer to "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?"

H1 Extn receipt notice date:  7th August 2017

I-94 expiry date: 3rd september 2017

 H1 Denied: 8th January 2018

Left US: 11th April 2018

 

1. Does overstay starts from the next day of I-94 expiry? If yes, that means did i overstay 220+ days as i stayed until April 2018?

 

2. Does overstay starts from the day i have received my H1B denial notice? If yes, that means I have overstayed 93 days.

 

3. What do i have to answer to 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?" in DS 160?

 

PS. My employer/ immigration attorney says that I should answer "NO" because I didn't cross 180 day period based on the number of days calculated from H1 Denied to date I left US which is like 93 days.

 

I am confused with this completely, can you please assist?

Need to answer YES and provide an explanation. Really surprised that you stayed for 93 days after denial.

[indian_1]

Ricky10, 

I’m in the same boat. Did you go they the appointment? Can you share your experience?

thx.