DS - 160 Unlawful Present Question. Please Please help

[soha]

Hi All,

Can someone please help me with the following question in filling DS 160 ?

Have you ever violated or overstayed unlwafully in USA ? - do i have to fill YES or NO as per my dates below. Looks like i stayed for about a month after my denial date.

will answering YES will create any problem in new H1b stamping ?. Some people are saying to mention NO. I am really worried now. Please advise.

I 94 Expired - Nov 4 2012

Applied For Extension - August 2012

Pettition Denied - Feb 8th 2013

Left USA - March 3 rd 2013. I received denial notice only during last week of february and i left after clearing off personal things in few days.

Thanks,
Soha

[raghvi]

Hi All,

Can someone please help me with the following question in filling DS 160 ?

Have you ever violated or overstayed unlwafully in USA ? - do i have to fill YES or NO as per my dates below. Looks like i stayed for about a month after my denial date.

will answering YES will create any problem in new H1b stamping ?. Some people are saying to mention NO. I am really worried now. Please advise.

I 94 Expired - Nov 4 2012

Applied For Extension - August 2012

Pettition Denied - Feb 8th 2013

Left USA - March 3 rd 2013. I received denial notice only during last week of february and i left after clearing off personal things in few days.

Thanks,
Soha

Technically your presence from I-94 date expiry onwards was out of status period even with an extension request filed.

In my opinion you would need to answer YES. I wonder why it took over 6 Months to decide on your extension request and why you didnt upgrade to premium in that time frame.

Also, I dont think that this woould directly hamper your chances of your H1.

This is my opinion not legal advice.