Overstay on L1 visa for 90 days because of USCIS mistake

[rarora]

My husband was working for X company and came to US on L1 visa. The L1 visa was expiring in dec 2006. The company filed extension for L1 visa in october and we got approval for same in November.

Now in Mar 2007, my husband decided to switch jobs and gave all our paperwork to Y company's attorney. The attorney figured out that the L1 extension was not actually and extension but a consular new L1. So he indicated we were out of status and needed to go for stamping to the home country. We talked to our employer X and they checked all paperwork and figured out that they had filed everything correctly, but USCIS approved a new consular petition. We had to fly to India immediately and get stamping done for L1 visa.

Later we also had to go to stamp H1 visa as my husband switched jobs. Both the time, my husband had to answer a question about overstay in US as 'Yes'. But no questions were asked during that time.

Now we again plan to go to india and are in our 7th year H1b extension. We have I-140 approved and have valid petition till 2013 June. My husband is direct employee for health care industry.

- Will the overstay pose a threat to our H1b stamping?

- Lot of 221g are issued these days, based on our scenario what are the chances of 221g?

[BigJoe5]

No and infinitesimal.

[tusharvk]

can you pls explain how it is overstay?

once someone files for extension or change of status, that person's stay is valid until the uscis make decision..

[rarora]

can you pls explain how it is overstay?

once someone files for extension or change of status, that person's stay is valid until the uscis make decision..

Although we applied for extension, we received a new L1 approval from USCIS. So our L1 expired in december. And we had new L1 cons approval from USCIS and hence we needed the stamping. But we could not figure it out until March when an attorney actually looked at our approval and indicated its CONS approval and hence stamping is required for staying in US. So ultimately we stayed on L1 cons approval from Jan to March without stamping which was not valid. But it was not our mistake, it was USCIS mistake that they gave us CONS approval, even though our employer filed extension papers.

[man_1975]

@rarora,

Could you check I-129. it has all inoformation about I-94 extension. if your employer does not field that information, then USCIS approve your case with CONS processing.

[tusharvk]

Although we applied for extension, we received a new L1 approval from USCIS. So our L1 expired in december. And we had new L1 cons approval from USCIS and hence we needed the stamping. But we could not figure it out until March when an attorney actually looked at our approval and indicated its CONS approval and hence stamping is required for staying in US. So ultimately we stayed on L1 cons approval from Jan to March without stamping which was not valid. But it was not our mistake, it was USCIS mistake that they gave us CONS approval, even though our employer filed extension papers.

sometimes, uscis may give consular processing even if you apply for eos.

what is the recommendation of your atttorney regarding when you can go? You need to go at some point, right?