H1B to H4 to H1B

[jairichi]

Thanks for giving me a good hope!

 

Have you seen any case like mine, where employee on H1B visa was laid off/quit the job and applied late for COS and still got next H1B visa through consular processing?

If you look in this forum you will find posts similar to yours.

[jairichi]

But, the end date on my I-94 is till Sept 2015. Still it will be considered as Overstay?

If your I94 has expired it would be considered illegal presence. Since you are not in any status now it is considered overstay.

[myvisastatus]

If you look in this forum you will find posts similar to yours.

Hello jairichi,

 

Actually, I tried searching this forum for posts similar to my situation.

 

But, I did not find anyone who has cleared visa interview after being in situation like me. May be they have not posted their experience after clearing the interview!

[myvisastatus]

Hello Jairichi/others,

 

I am in my home country (India) and will soon have to appear for consulate interview. I am filling out form DS-160.

 

So, there is one Q bothering me:

 

Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?

 

How should I answer this Q?

 

Approach 1: [Explaining with specifying reason for delay in filing COS]

Shall I tell the truth that I was laid off and I was not aware of the fact that I have to file for COS immediately after being laid off (and when I came to know this, I immediately filed...but by that time 40 days were already passed from the time I was laid off)?

 

OR

 

Approach 2: [Explaining without specifying reason for delay in filing COS]

Shall I just mention that I filed for COS 40 days late after I was laid off (without giving any reason for late filing)?

 

 

If I decide to go for approach 1 (explaining with reason), then do you think that I should give any other reason that would be more convincing than this? If yes, what would be that more convincing reason?

 

Thanks in advance. 

[myvisastatus]

If you look in this forum you will find posts similar to yours.

 

Hi Jairichi,

 

Will you please give me your email id or contact number? It will be of a real help for me.

 

Please forward me your contact details (email id/contact number) at myvisastatus2014@gmail.com if you are comfortable with it.

 

Thanks a lot.

[myvisastatus]

Hello All,

Thanks a lot for the answers and the help till now.

I am in my home country and will be appearing for consulate interview soon.

[myvisastatus]

Hello All,

Thanks a lot for the answers and the help till now.

I am in my home country and will be appearing for consulate interview soon.

I am filling out form DS-160 for taking visa interview date.

There is a Q in that form which is bothering me:

"Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?"

Well, the fact is that I filed for COS from H1B to H4 a bit late (40 days after my last day of employment).

Will you please let me know which approach should I take while answering this Q?

Approach 1: [Explaining with specifying reason for delay in filing COS]

Shall I answer that "I filed 40 days late because I was not initially aware that I had to file immediately after I was laid off. I was figuring out for few days what exactly is to be done and when I got information that I have to file immediately for COS, I did. But, it was 40 days late after my employment had finished by then."?

OR

Approach 2: [Explaining without specifying reason for delay in filing COS]

Shall I just answer that there was delay from my side in filing for COS?


What do you think, which approach should I take?

And if you think I should go for approach 1 (Explaining with specifying reason for delay in filing COS), then what do you think of the reason that I am going to provide? If you think, I should give some other more convincing reason, please feel free to suggest me some other more convincing reason.

Thanks a lot.

[jairichi]

Hello All,

Thanks a lot for the answers and the help till now.

I am in my home country and will be appearing for consulate interview soon.

I am filling out form DS-160 for taking visa interview date.

There is a Q in that form which is bothering me:

"Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?"

Well, the fact is that I filed for COS from H1B to H4 a bit late (40 days after my last day of employment).

Will you please let me know which approach should I take while answering this Q?

Approach 1: [Explaining with specifying reason for delay in filing COS]

Shall I answer that "I filed 40 days late because I was not initially aware that I had to file immediately after I was laid off. I was figuring out for few days what exactly is to be done and when I got information that I have to file immediately for COS, I did. But, it was 40 days late after my employment had finished by then."?

OR

Approach 2: [Explaining without specifying reason for delay in filing COS]

Shall I just answer that there was delay from my side in filing for COS?

What do you think, which approach should I take?

And if you think I should go for approach 1 (Explaining with specifying reason for delay in filing COS), then what do you think of the reason that I am going to provide? If you think, I should give some other more convincing reason, please feel free to suggest me some other more convincing reason.

Thanks a lot.

Mention the truth and nothing else.

[myvisastatus]

Mention the truth and nothing else.

 

 

Thanks.