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avon1

OVERSTAY WAIVER APPLICATION

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It looks like I have overstayed for more than 6 months but less than 1 year due to confusion of 240 days after I94 expiry while petition decision pending

I need to file overstay waiver application . Let me know if anyone had done before and outcome

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There is no such thing as an "overstay waiver". Waivers are only for bans. There is a ban for accruing 180 days of "unlawful presence" and then leaving the US. You do not accrue "unlawful presence" for the entire period that a timely-filed, non-frivolous Extension of Status application is pending, no matter how long it takes.

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Thanks you for reply . Here is situation 

My Employer filed my extn and amendment petition while I am in India two days before I reach US .

I got I 94 till my existing Visa and it got expired after that .

I thought 240 days rule will apply and I overstayed more than 6 months  and got the petition also approved  but with out I94 extension (I797B) 

Later I found that petition filed out of US will not be treated under 240 day rule .

 

 

 

 

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So, you accrued Unlawful Presence, and worked illegally. There is no waiver for that.

You have to leave and you will have a 3-year ban. No way around it.

Edited by JoeF

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Thanks. I already left US after knowing it ..

I heard about inadmissible waiver as I did not overstayed deliberately ..

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It is possible to get a nonimmigant waiver. You would apply for your visa, get denied, and if the officer recommends a waiver they will let you know what the next steps are.

By the way, a "240-day rule" is not relevant here. If you had a timely-filed and non-frivolous Extension of Status pending, you would not accrue unlawful presence for the entire duration that it was pending, with no time limit (even if it takes years). The 240 days thing is only about the period you are authorized to work; it has nothing to do with unlawful presence. However, in your case, Extension of Status could not be filed since you were not in the US, so you had no Extension of Status pending.

Edited by newacct

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Contact any immigration lawyer. I am not an expert but as far I know you over stayed and their by accrued unlawful presence and I donot how you can get waiver about it. There will certainly time limit you have to be outside USA and next time when you attempt to come this will surely play a major role.

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11 hours ago, avon1 said:

Thanks. I already left US after knowing it ..

I heard about inadmissible waiver as I did not overstayed deliberately ..

Yes, you did overstay deliberately. It is your duty to educate yourself about the laws. Ignorance of the law is not an excuse.

 

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