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Hi all,
~ I went to US on F1 visa and subsequently got H1B approval. (Just I-797 and not a stamped visa on passport as I was already there in the US)
~ Lost my job and yet stayed there, left US before I-94 ( attached with I-797 petition) expires.
Now,
My wife is there on H1B, we recently got married and I'm applying for H4 visa. Two doubt I have:
1. What should I answer for the question on DS160 "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?"...I have answered 'No" for two reasons
a) That I-797 was a petition and not a visa so I was fine unless I stay beyond date mentioned on I-94.
b) Didn't want to raise a red flag in the system when I was not sure about the question....is my reasoning right?
2. I have already filled out DS160 and paid visa fees ( Not yet scheduled appointment). If I conclude that I have a erroneous DS160 and go for a new DS160 form, do I need to pay fees again or can I use new DS160 and old MRV to schedule appointment?
Thanks in advance.
~ I went to US on F1 visa and subsequently got H1B approval. (Just I-797 and not a stamped visa on passport as I was already there in the US)
~ Lost my job and yet stayed there, left US before I-94 ( attached with I-797 petition) expires.
Now,
My wife is there on H1B, we recently got married and I'm applying for H4 visa. Two doubt I have:
1. What should I answer for the question on DS160 "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?"...I have answered 'No" for two reasons
a) That I-797 was a petition and not a visa so I was fine unless I stay beyond date mentioned on I-94.
b) Didn't want to raise a red flag in the system when I was not sure about the question....is my reasoning right?
2. I have already filled out DS160 and paid visa fees ( Not yet scheduled appointment). If I conclude that I have a erroneous DS160 and go for a new DS160 form, do I need to pay fees again or can I use new DS160 and old MRV to schedule appointment?
Thanks in advance.
