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Overstayed or Not - Please help

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  • Overstayed or Not - Please help

    Dear Experts,

    Request your expertise advise on my situation.

    1. Entered into USA in L1A-I visa on Aug-2015 and at that time my visa was valid till July-2016. ( I was issued I-94 till Sep-2017 during this entry and CBP website still shows the same)
    2. In May-2016, I applied for my second/final L1A extension and expected the approval till Oct-30-2016.
    3. On Oct-06-2016 2 PM EST, I got approval email from my company that my extension is approved. When I checked the receipt number in USCIS website, I found the petition is approved till Oct-05-2016.
    4. Immediately I left USA on Oct-06-2016 at 8 PM EST (within 6 hours, just leaving my stuffs as it is to my friends).
    5. I got the petition hard copy in my hands on Oct-13-2016 and i-94 entry in the petition copy shows Oct-05-2016.


    My questions are

    1. Am I considered overstay since I left Oct-06-2016 ( CBP I-94 says Sep-2017, but last approved petition i-94 shows Oct-05-2016)
    2. I am applying for L1A visa and in DS160 there is entry asking for illegal stay/out of status/overstay, what should i mention

    I am confused and worried on this situation whether to call this as overstay in my visa application and if there will be any negative impact.

    Appreciate your inputs.
    Last edited by Neetu; 01-05-2019, 02:12 AM.

  • #2
    Originally posted by Neetu View Post
    1. Am i consider overstayed?
    No, since your I94 was valid till Sept 2017 - you did not over stayed.

    Since your petition expired on Oct 5 2016, you should not have worked beyond that date.
    Originally posted by Neetu View Post
    2. Do i have to mention this as overstay in my L1 visa application?
    Originally posted by Neetu View Post
    No, it was not overstayed - so no need to mention.
    3. I am now applying L1A visa and while filling DS160, there is point asking illegal stay/overstay what should i mention?
    Nothing.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

    Comment


    • #3
      Thank you so much. please share your opinion with my missed inputs

      Originally posted by Libra_14 View Post
      No, since your I94 was valid till Sept 2017 - you did not over stayed.

      Since your petition expired on Oct 5 2016, you should not have worked beyond that date.

      Nothing.
      Thank you so much for your opinion.

      Sorry and my bad, I missed to update one more detail

      My I-94 in CBP website as of today(Jan-4-2019) says it is valid till 10-Sep-2017, but the i-94 card came with with last L1A -I approved petition on Oct-05-2016 says the I-94 is valid till Oct-05-2016. I left USA on Oct-06-2016, in this case

      1. Will USCIS mark me as overstayed
      2. Do i have to call this in DS160 form as overstayed/out of status.

      Please advise.

      Comment


      • #4
        Originally posted by Neetu View Post
        Thank you so much for your opinion.

        Sorry and my bad, I missed to update one more detail

        My I-94 in CBP website as of today(Jan-4-2019) says it is valid till 10-Sep-2017, but the i-94 card came with with last L1A -I approved petition on Oct-05-2016 says the I-94 is valid till Oct-05-2016. I left USA on Oct-06-2016, in this case

        1. Will USCIS mark me as overstayed
        2. Do i have to call this in DS160 form as overstayed/out of status.

        Please advise.
        Since 2013 I94 is online & those cards doesnt have any value. Whats online is correct.

        On the other hand, USCIS is not that strict on long term visa holders.

        You didnot overstayed. Keep printout of online I94 & if questioned during interview show it.
        - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

        If my opinion helping you, then please do click "like" button below.

        Comment


        • #5
          Thank you so much.

          Originally posted by Libra_14 View Post
          Since 2013 I94 is online & those cards doesnt have any value. Whats online is correct.

          On the other hand, USCIS is not that strict on long term visa holders.

          You didnot overstayed. Keep printout of online I94 & if questioned during interview show it.
          Thank Again and Appreciate you for taking time to answer my query.

          Your opinion relived me from the confusion and given me the confident.

          Comment


          • #6
            Originally posted by Neetu View Post
            Thank Again and Appreciate you for taking time to answer my query.

            Your opinion relived me from the confusion and given me the confident.
            Best of luck & please share your experiences once you go through the visa interview.
            - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

            If my opinion helping you, then please do click "like" button below.

            Comment


            • #7
              Thank you

              Originally posted by Libra_14 View Post
              Best of luck & please share your experiences once you go through the visa interview.


              Sure, I will share my interview experience

              Thank you.

              Comment

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