Did i Overstay or was unlawfully Present in US?

[Vishal P]

Hi,

MY H1B VISA PETITION WAS FILED FOR AN EXTENSION OF STAY IN THE UNITED STATES OF AMERICA. IT GOT DENIED ON 6TH MARCH 2019 BY USCIS.
I WAS MADE AWARE OF THE SAME BY MY EMPLOYER ON MARCH 12TH, 2019 THROUGH AN OFFICIAL EMAIL.  UPON RECEIVING THE DENIAL NOTICE, I IMMEDIATELY STOPPED WORKING AND STARTED FORMALITIES FOR LEAVING THE COUNTRY. MY EMPLOYER ARRANGED FOR MY DEPARTURE AND I LEFT THE COUNTRY(THE UNITED STATES OF AMERICA) ON MARCH 19TH, 2019 .

 

I have an approved petition now and trying to get the VISA stamped again. While filling out DS 160, there is a 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 my case what should i answer? Yes or NO.

If Yes, Does that mean I overstayed by 13 days from the date of denial or 7 days from the date I received the actual notice?

 

Please advice.

[Tjgarla]

No you did not stay illegally. You are fine

[newacct]

Assuming your previous I-94 was expired, you accrued unlawful presence from the date of the denial (not from when you received the notice). So you should answer Yes. Leaving the US after accruing less than 180 days of unlawful presence does not trigger a ban.

[JoeF]

On 10/28/2020 at 1:49 PM, Tjgarla said:

No you did not stay illegally. You are fine

Sorry, wrong. If the I-94 was expired unlawful presence started from the denial. There is no ban if the overstay was less than 180 days.

Edited October 31, 2020 by JoeF