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Have I overstayed the time period authorized on my I-94 form

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  • Have I overstayed the time period authorized on my I-94 form

    Please help,
    Have I overstayed the time period authorized on my I-94 form???

    I got my visa stamped thru COMPANY A, and my Visa and I-94 was to expire on Sep 2010.

    Before my visa expired (on Sep 2010) , I changed my employer to COMPANY B.
    Company B applied my visa as Extension and Transfer on Aug 2010 (one month before my first visa was to expire)

    In January 2011, I got my visa approved (applied from COMPANY B.)
    The visa and I-94 say valid from Dec - 01-2011 TO 2013.

    Again I change to Employer (COMPANY C). this time I got the visa to and from the date , which COMPANY C applied.

    But I'm worried about the part of COMPANY B's visa. how come my visa and I-94 say valid from Dec - 01-2011 TO 2013. Even though it was applied on Aug 2010?

    My question is
    My first I-94 ( valid till 20-Sep 2010 )

    And second visa and I-94 say valid from Dec - 01-2011 TO 2013.
    In this time I was never being out of US. But there's 2 months gap between First visa expiration date and new VISA validity date.

    But I joined and start working with the company B from SEP 22, 2010, I'm having proper salary stubs for .these time period.

    Was I, out of status for about 2 months in US. ?
    Would my case be consider as " overstayed the time period authorized on my I-94 form."

    In this situation is it safe to go for visa renewal stamping.
    I'm little bit scared now?

    I was thinking to apply for visa renewal as Third Country national .
    But the consulte website say "Applicants who have not fulfilled the requirements of their non-immigrant status in the United States, having violated the terms of their visas or who have overstayed the time period authorized on their I-94 form; "
    CAN NOT APPLY VISA as Third Country Nationals (TCNs) .

    Please help.
    Last edited by Canadian1; 01-05-2012, 11:11 PM.

  • #2
    Was I, out of status for about 2 months in US. ?
    >>> There is a difference between being out of status and illegal. You are illegal for those 2 months.

    Would my case be consider as " overstayed the time period authorized on my I-94 form."
    >>> Yes.

    In this situation is it safe to go for visa renewal stamping. I'm little bit scared now?
    >>> Depending on the VO, you may get questioned and it can cause issues.

    I was thinking to apply for visa renewal as Third Country national .
    But the consulte website say "Applicants who have not fulfilled the requirements of their non-immigrant status in the United States, having violated the terms of their visas or who have overstayed the time period authorized on their I-94 form; "
    CAN NOT APPLY VISA as Third Country Nationals (TCNs) .
    >>> That is correct. You need to get the visa stamped in your home country. If you go to a third country for stamping, you can get stuck there on a 221g admin processing.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Thanks shervin143 ,

      I cant really go to my home country, due to project requirement.
      If I go I can lose my present project as I'll not get the long leave.

      I'm having international travel job. That's the reason I want to have my visa stamped.

      If I get an administrative query, what questions can be asked?
      Because in my case, it';s just matter of circumstances, it was not my intention to break the US rules.

      If asked what the questions be asked. ? If issued the 221(g), what sould be the possible questions?

      I already changed the employer (B), can they ask any proof from that employer, if so I'm doubt if he (emploer B) would able to provide, since it was a very small company that's the reason I change to employer C.

      Should I contact to consular in TNC location?

      Comment


      • #4
        There can be no questions at all. They can simply issue you a 221g slip and ask you to wait until the admin process gets over. Search and read the threads on 221g admin process. They will perform background verification process by sending your documents to USCIS site officers in U.S and it can take up anywhere between a week to several months for the admin process to get completed. I am not saying that you will get it. BUt the chances are high when you have accumulated illegal stay. Contacting a officer at the consulat over the phone (if at all it is possible) will not get you any proper answer. They can decide that only when you attend the interview based on your dcouments and it depends on the VO as well.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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