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Urgent -Does my 2 weeks stay after my h1b Denail is called overstayed and not legal?

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  • Urgent -Does my 2 weeks stay after my h1b Denail is called overstayed and not legal?

    My h1b expired in sep 13th , 2017 however my h1b extension was filed prior to that but it went to RFE and finally got denied on 11th dec of this month.

    While making my travel arrangements for dec 25th to leave the country I have been asked to fill a question in DS-160 form called “ did I ever overstayed the amount of time granted by an immigration official?"

    Here my question is should I select ‘Y’ or ‘N’ ? As i said above 11th visa got denied and 25th is travel where these 2 weeks should i mention as overstayed as 'Y' or is it ok if i select ' N'?

    Thanks,
    Dumbi

  • #2
    You should say yes. DS-160 is the nonimmigrant visa application. Are you applying for a new visa? Note that by staying past the date on your I-94 and past the denial of your extension of status, you trigger INA 222(g), which means you can only apply for US visas from your country of nationality from now on.

    This is my personal opinion and is not to be construed as legal advice.

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