H1B overstay/Out of status


Ankita_99

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Hii ,

Need help H1b  legal status -Complex pattern

 

I have filed my extension  ,which would have entitled to an automatic extension  of work authorization pursuant to the 240 days rule  on Jun 27 ,2019 .However ,I had to travel outside us urgently  on Jun 19 ,2019  and returned back on 15-july-2020.I have submitted my documents with attorney and they are unaware of my travel ,they filed my extension while I was outside us. I have not received my approval till 20-Feb-2020 ,Again ,I traveled back to home country for my marriage on 20-Feb-2020 ,Then 1st week of March ,received Notice to intend of deny my extension as I was outside the us on 27-Jun-2020 .  Then my attorney responded to uscis requesting a second chance to correct the form ,Now they correct the I-129 (part 4 )for outside US  and Consulate notification  .finally I have received my approved I797 B (without i94 ) on March 2020 .

 

Now My question is – after my I94 expire (30-sep-2019) -I was working in USA till 20-Feb-2020 ,considering 240 stay rule ,Is this situation , I was eligible for 240 stay rule ? I check with my attorney ,they said ,officially , I was working for a short period without work authorization ,But we can’t fix anything and as the petition is approved there is no issue .

 

Due to covid -19 ,I am outside the US since my last travel (20-feb-2020) .Now planning for visa stamping -and in DS 16o there is an question –“Have you ever been unlawfully present ,overstayed the amount of time granted by an immigration officials or otherwise violated the terms of a U.S. Visa ? Answer Yes/No “

 

Need help on answering above questions in DS-160 . Based on my case ,Should I mention Yes ? If yes ,will there be any problem in my stamping ? Can you please guide me on this ?

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