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Out of Status and DS-156?

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  • Out of Status and DS-156?

    Hi all,
    thanks very much for any advice/experiences recounted related to this...

    last year, i was on a H1-B but was unexpectedly laid off (entire team was terminated by surprise). I took the advice of several lawyers and based on this (they said the only problems I might have in future would be if I applied for permanent residency where I would have to explain this out of status period), I stayed "out of status" (my I-94 had not expired) for a couple of months to sort out my affairs before going back to the UK
    I am now applying for a F-1 for PhD (with full funding and tuition from major US research university)

    On form DS-156, do I need to answer yes to the question about whether I have ever violated the terms of a visa because I was out of status.? (under Q. 38)

    (I've looked around and there seems to be different answers on different sites about whether being out of status on an unexpired I-94 is a visa term violation. I've seen it said that a violation of status is different from a violation of the visa and not the same thing; and I've seen it said that being out of status is a violation of visa status...)

    thanks for any input...

  • #2
    Originally posted by londonerbudoshow
    Hi all,
    thanks very much for any advice/experiences recounted related to this...

    last year, i was on a H1-B but was unexpectedly laid off (entire team was terminated by surprise). I took the advice of several lawyers and based on this (they said the only problems I might have in future would be if I applied for permanent residency where I would have to explain this out of status period), I stayed "out of status" (my I-94 had not expired) for a couple of months to sort out my affairs before going back to the UK
    I am now applying for a F-1 for PhD (with full funding and tuition from major US research university)

    On form DS-156, do I need to answer yes to the question about whether I have ever violated the terms of a visa because I was out of status.? (under Q. 38)

    (I've looked around and there seems to be different answers on different sites about whether being out of status on an unexpired I-94 is a visa term violation. I've seen it said that a violation of status is different from a violation of the visa and not the same thing; and I've seen it said that being out of status is a violation of visa status...)

    thanks for any input...
    So let me rephrase. You stayed in the US after being laid off, when you positively knew you were doing something illegal. You cannot "stay for a couple of months" to sort out your affairs.

    Now you want to come in F1 and think about lying on an immigration document - which is not only a bad idea per se, but also against the US law.

    And you're looking for advice about how to best cheat and lie.

    What does that tell us about your character?

    And you sincerely expect to get away with this? You *DO* understand what the penalties are, right? Including an indefinite ban to enter the US?

    The idea of this forum is for people to help people sharing their knowledge and experience - on legal ways to come and stay in the US.

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