AmericanDream1 Posted June 21, 2020 Report Share Posted June 21, 2020 Hello All, I am currently on a H1B visa, with a I140 approved and I am an Indian national. In 2016, I lost my job while on H1B, I stayed for 60 days and then left the US, making me out of status for that time. I was able to find a job and re-entered the US 2 months after my departure. While filing out my DS160, I said 'NO' to the 'unlawfully present, overstayed the amount of time granted by an immigration official or or otherwise violated the terms of a U.S. visa? ' question, I was confused and thought the question usually applied to people who stayed beyond their I-94 date or stayed 180days after losing the employment. I got the visa stamp and came back to the US, after that I haven't gotten a new visa stamp. Last year during my I140 processing my employer’s immigration attorney told me that the correct response to the question should have been 'YES'. My fiancé is a USC and we are getting married early next year. In the future she will apply for a marriage-based GC for me. Would there be an issue with my future GC application, based on the mistake on DS160? I would love to fix this mistake, will it be wise to step out of the US and this time add a correct response to the DS160, with an explanation and then return? Thanks :( Quote Link to comment
gopalakrishnach Posted June 22, 2020 Report Share Posted June 22, 2020 Did you stay exactly 60 days not 61 days. If 60 days No else Yes for overstay. Quote Link to comment
பச்சை தமிழன் Posted June 22, 2020 Report Share Posted June 22, 2020 Lying to the U.S. government can get you in bigger trouble. Quote Link to comment
User099 Posted June 23, 2020 Report Share Posted June 23, 2020 You should discuss this with an attorney. Quote Link to comment
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