H1b Denied & I94 expired. But stayed in USA for 13 days before leaving country.


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Hello,

My wife was previously working in USA and got rejected for h1b transfer. Unfortunately her I-94 expired as well at the same time. So she left the country to INDIA after receiving the denial letter and its been 13 days after her I94 expiry date. Right now I'm planning to bring her on H4 dependent visa and there is a section in DS160 where it was asked about her unlawful presence in USA. My question is.. are those 13 days she stayed after I-94 expiry is considered as unlawful presence in USA? Do we need to mention that in DS 160 ? Or we can as NO as we are waiting for the proper denial notification letter from USCIS and Organization she is working for ? 

Please help on this.. what option do we need to choose and will it be problem for her at her interview or at port of entry ???

Thanks,

Karthik

 

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On 8/29/2019 at 11:39 AM, Karthik CHERUKURI said:

Hello,

My wife was previously working in USA and got rejected for h1b transfer. Unfortunately her I-94 expired as well at the same time. So she left the country to INDIA after receiving the denial letter and its been 13 days after her I94 expiry date. Right now I'm planning to bring her on H4 dependent visa and there is a section in DS160 where it was asked about her unlawful presence in USA. My question is.. are those 13 days she stayed after I-94 expiry is considered as unlawful presence in USA? Do we need to mention that in DS 160 ? Or we can as NO as we are waiting for the proper denial notification letter from USCIS and Organization she is working for ? 

Please help on this.. what option do we need to choose and will it be problem for her at her interview or at port of entry ???

Thanks,

Karthik

 

Answer yes. There shouldn't be much effect on her coming now.

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