DS-160 question / brief out-of-status / plans for stamping in Toronto

ajaysharma

By ajaysharma,
in H1B : Visa Stamp

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ajaysharma Advanced Member

ajaysharma

Posted
Posted

Would be great to hear similar experiences / or an idea of how to approach this.

 

I was out of status (H1B) for 2 days (yes, days). i.e. the difference between the USCIS receipt date and my employment last date was 2 days due to an internal process mess-up by my new employer.

 

My H1 got approved with I-94, no problems there.

 

Anyway, now it's time to go and get a new visa stamped as my current one expires soon. I'm planning to go to Canada (Toronto) for this purpose. 

 

Two questions:

 

1. In DS-160, it asks "have you ever otherwise violated terms of your visa" -- well I didn't intentionally violate, but I guess I am however still impacted. Do I say "Yes" and specify "two days" in the explanation? Or are there any directives that would allow me to say "no"?

 

2. If "yes" above, would it be a big deal at the Toronto consulate? (has anyone else been in a similar situation)

 

I'm going to check this with the company lawyers. For all I know I wasn't even out of status depending on when my previous company cancelled my H1 and treated what as my last day.

 

Thank you all for your answers,

 

  • 3 weeks later...
champswc2011 Advanced Member

champswc2011

Posted
Posted

Hi Ponte,

 

True (about getting i-94 w/o issues) but that doesn't negate the fact that I still need to deal with a DS-160 disclosure...

@AjaySharma... Can you please let me know how did it all go. A friend of mine is exactly in the same scenario he was out of Status for 11 days from Oct 23, 2013 to Nov 2, 2013.

I94 valid until Oct 2015.  He left for India using the ticket booked by his company. 

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