H1B VISA STAMPING AFTER 2 MONTH OVERSTAY AS I GOT INJURED AND HAD A FRACTURE **URGENTLY**


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Posted

I overstayed for around 2 months in USA as i got badly injured. As I fowl down and I had a fracture in my shoulder. I have a medical certificate from doctor stating that i had an injury and was not in a situation to do any thing. I got the certificate from doctor on 24/Oct/ 2012, all though it was still bit bad. then i vacated an apartment, donated my stuff to salvation army and got back to India on 21/Nov/2012. My visa was expired on 07 Sept 2012.

Now i got the offer from the same company i was working for from past 4 and half years on March for different client. I went though a client interview from india. Client was happy with my interview. Client wanted me to join from Mid of April. My company filed my h1b extension based on I-140 approval. They (my company) received h1b approval until Oct 2015. I will have to go for visa interview in Delhi. What sorts of question i should expected in visa interview. I am little bit worried on overstay. What kind of question they may ask and what should be my answer for those. Please advice me.

Posted

First of all, hope you are recovered now!!! Generally, (from different forums, cannot confirm if this true), a 90 day overstay is not frowned upon. However, your case has extraneous circumstances - you were injured and couldnt travel and you have the doctor's certificate to back that up. Just be honest during the interview and tell them the truth. Other than regular questions posted in these forums, anticipate to explain your extraneous circumstances only if asked. Don't volunteer.

Posted

Better to consult an attorney to prepare some documentation. Think we just cannot give plain answers. Documenting the facts with reasons would be good. So that even VO feels you have all valid reasons.

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