Dropbox and previous H1B out of status time?

[halo22]

Hello All,

In the past I was out of status for 60 days after which I left the US, got a new H1B stamp through consular processing and re-entered. For the status violation question on DS160 I answered 'YES' and gave a short explanation. During the consular interview I wasn't asked about the out of status time. My current H1B expires at the end of December 2017, my employer has already applied for extension and has received an approval. I am planning on going home in January and will apply for a new H1B stamp, possibly through dropbox. I understand that I am required to respond to the status violation question  with a 'YES 'on the new DS160 again. Has anyone gone through similar experience before? Does DS160 gets inspected during the dropbox process? Upon realization of the out of status time could I be asked to appear for a interview? All your inputs and help is very much appreciated. 

[nmurthy]

13 hours ago, halo22 said:

Hello All,

In the past I was out of status for 60 days after which I left the US, got a new H1B stamp through consular processing and re-entered. For the status violation question on DS160 I answered 'YES' and gave a short explanation. During the consular interview I wasn't asked about the out of status time. My current H1B expires at the end of December 2017, my employer has already applied for extension and has received an approval. I am planning on going home in January and will apply for a new H1B stamp, possibly through dropbox. I understand that I am required to respond to the status violation question  with a 'YES 'on the new DS160 again. Has anyone gone through similar experience before? Does DS160 gets inspected during the dropbox process? Upon realization of the out of status time could I be asked to appear for a interview? All your inputs and help is very much appreciated. 

Did you talk to your HR and/or attorney yet ?

They are the first ones to advise on these kind of cases. Please consult with them and fill out your DS160. May be you were not out of status, you are just assuming you were. 

[halo22]

Thank you very much for the reply. I am in the process of scheduling a meeting with them. 

I lost my job on 31st December 2015 and after that appeared for multiple interviews in January and February 2016. I was offered a job around 20th February but I was told that the visa filling process was going to take a while, so I decided to leave the US on March 1st 2016. Doesn't this make me out of status for Jan-Feb 2016(~60days)? 

[Chai]

There is always a "gray area" to comprehend Out of Status v/s Unlawful Stay. Your I-94 validity matters the most in this situation. Let us know what your attorney has said. 

[halo22]

Thank you for the response. My I-94 was valid back then. I will keep you all updated with the case.