H1B stamping: 2 months out of status in past

[rajgot]

I am getting ready for H1B stamping in India-Hyd by filling DS 160. In 2009 i lost job on 10/30/2009 when i was on H1B, i got severance pay and have pay stubs for month of 11/2009. I changed status to F2 on 12/14/2009 (the receipt date). So technically i was out of status from 10/31/2009 to 12/13/2009. I got job after few months and went back to H1B and currently i am on 7th year of H1B after getting extension. Now i am going to India for stamping.

- In DS 160 what do i answer to this question:
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?

- In previous employment is it right strategy to say i was employed till 10/30/2009? I know my H1B was not revoked for at least 1 months after i lost job.

- Does anyone know if i can safely get visa stamping?

Thanks

[Nattybone]

I am getting ready for H1B stamping in India-Hyd by filling DS 160. In 2009 i lost job on 10/30/2009 when i was on H1B, i got severance pay and have pay stubs for month of 11/2009. I changed status to F2 on 12/14/2009 (the receipt date). So technically i was out of status from 10/31/2009 to 12/13/2009. I got job after few months and went back to H1B and currently i am on 7th year of H1B after getting extension. Now i am going to India for stamping.

- In DS 160 what do i answer to this question:
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?

- In previous employment is it right strategy to say i was employed till 10/30/2009? I know my H1B was not revoked for at least 1 months after i lost job.

- Does anyone know if i can safely get visa stamping?

Thanks

Hello, Rajgot.

Had you been Out of Status, i feel, the USCIS would not have allowed you F2 COS and then subsequent H1 COS. It seems that while you lost your job, your payroll was still run by your employer.

If your payroll was indeed run (as you were allowed COS, else COS would have got declined) then you were not Out of Status. Do you have any idea how this happened?

Cheers,