out of status ds-160 form question


poojapp89

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Posted

Hello once again.

This is my scenario that I had previously posted.

Hello,

 

I have a complcated case here.

I travelled to usa on an f1 visa in 2008. I got my first H1 in sept 2011 with company A. After this I was laid off in feb 2012. But they reassured me that they would not notify uscis till I file my next petition. Later I filed for my next h1 transfer with an indian consultant company B in April. But due to overload of petitions my h1 reciept itself came back only in june and a month later my H1 was approved. However by then my family back in India needed me to come back due to some conditions that had prevailed and hence i decided to quit work with the company and returned to India in Dec 2012 for good.So in reality I never worked with company B and I also could not gain any H1 documents from them due to my sudden exit.  All I have left with me now is my H1 reciept no for company B. Since then I got a job in India with company C. Got married and settled down here.

 

2 years later in Jan 2015 my current company C filed for my new H1. The petition got approved in April 2015. Now I will be going for my H1 stamping. What could be my chances ahead? Also any help on how to attend the interview questions would be appreciated.

 

My question is: In the DS-160 what should be my answer for the question on unlawful presece or overstayed or other violations. yes or no? I am confused as out of status has not been mentioned in the question.

 

Any help is appreciated.

Posted

From Feb 2012 to day you left US you were not working during that time. If this is true then yes you are out of status during that time and explain the same to vo. I don't see any issues in your case other than this one.

Posted

Hi...i had a talk with my lawyer whp filed the petition.he says i need strong evidence for going to india permanently. Which i do not understand. I returned to india for personal reasons. Why should it concern the uscis?/also for the period i had stayed in the usa after my approval

I have the pendimg car loan documents from the bank which i paid completely in installmemts before leaving for india.should this suffice?

Posted

Hi...i had a talk with my lawyer whp filed the petition.he says i need strong evidence for going to india permanently. Which i do not understand. I returned to india for personal reasons. Why should it concern the uscis?/also for the period i had stayed in the usa after my approval

I have the pendimg car loan documents from the bank which i paid completely in installmemts before leaving for india.should this suffice?

You need to find a good attorney.

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