Barred for 3 years


inapcha

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My i 94 expired in Oct 2011 and we immediately filed for extension in same month.I got a denial on June 26, 2012. I found another employer, went out to Canada on August 8, 2012 and got successfully stamped and continued working.

 

When i went for stamping last month, my visa was refused and the consulate officer barred me for 3 years as he said my stay was illegal for the period Oct 2011 to August 2012. Is this correct as Murthy.com website states otherwise.

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My i 94 expired in Oct 2011 and we immediately filed for extension in same month.I got a denial on June 26, 2012. I found another employer, went out to Canada on August 8, 2012 and got successfully stamped and continued working.

 

When i went for stamping last month, my visa was refused and the consulate officer barred me for 3 years as he said my stay was illegal for the period Oct 2011 to August 2012. Is this correct as Murthy.com website states otherwise.

After I94 expiry if you had stayed in US for more than 180 days without any valid status that is an automatic 3 year ban. And, how will you justify the stay between June 26th 2012 and Aug 8th 2012?

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according to murthy.com
 

Unlawful Presence
 
Unlawful presence usually starts when a foreign national remains in the U.S. beyond the expiration date noted on his/her I-94 without having a pending application or petition to extend, change, or adjust status. The individual typically continues to accrue days of unlawful presence until s/he leaves the United States. If s/he does have a properly filed application or petition pending, and the case is denied, this foreign national must depart the United States immediately or accrue unlawful presence beginning from the denial date.
 
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