Tust326 Posted December 30, 2017 Report Share Posted December 30, 2017 Hello, I have a question about one question on the DS-160 form: "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?" Yes/No. If Yes, explain. Let me explain my situation: - I am on H1B visa. - I got layed off from my previous job on July 05 2017 - My last paystub (severance pay) was August 04 2017. - Found employer and filed for petition October 23 2017 - Received RFE asking more evidence to determine if I was maintaining status. - No further evidence was provided apart from explanation and already submitted paystub. (lawyer did not want to submit the termination letter) - USCIS officer bought it and approved petition with I-94. I guess he assumed I was employed until August 04 2017 although I was terminated on July 05. - Counting from July 05 (minus 60 days grace period) to October 23, I was out of status approximately one and a half month. - Counting from August 04 (minus 60 days grace period) to October 23, I was out of status approximately 2 weeks. So to the question above on the DS-160 form, what would be an appropriate answer (Yes or No) and no sure what to explain if I say Yes. Any help would be appreciated. I am currently here in India for the visa stamping. Thank you for you time. Link to comment
stampwithgrace Posted December 30, 2017 Report Share Posted December 30, 2017 I would answer no. Link to comment
Tust326 Posted January 1, 2018 Author Report Share Posted January 1, 2018 Why no? Thanks Link to comment
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