I-94 extension denied and applying for L1B

[Today24]

Hello,

My I-94 extension got denied on Nov 2008 and I cam back to India. Now my company is applyng for L1B again. While filling the D 160 form for L1B, I struk up with 2 questions.

1. 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.
Ans: Yes or NO. If Yes means give explanation.

What should I mention here?
We applied for I-94 extension before the expiry date. Decision came after 6 months from expiry date. Denial notice says " The beneficiary is required to depart the US within 30 days from the date of this decision or be subject to removal proceedings". I cambe back 3 days after I recieved notice. So Should I mention above details in the form.

2. Have you ever been denied visa, been refused admission to the US or withdrawn your application for admission at the point of entry?
Ans: Yes or NO.

As my visa was never denied and only I-94 should I mention "No" here?


Looking forward for your suggestions.

[shervin143]

1. 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.
Ans: Yes or NO. If Yes means give explanation.

What should I mention here?
We applied for I-94 extension before the expiry date. Decision came after 6 months from expiry date. Denial notice says " The beneficiary is required to depart the US within 30 days from the date of this decision or be subject to removal proceedings". I cambe back 3 days after I recieved notice. So Should I mention above details in the form.

>>> USCIS gives you 6 months in advance to apply for the I-94 extension. If you applied the extension at the last minute and if it got denied, then the time spent after the I-94 expiry date will be considered as illegal presence. Of course you will have to mention this in the DS-160 form. The consulate would anyhow know. Answer YES and give the same reason what you have mentioned above.


2. Have you ever been denied visa, been refused admission to the US or withdrawn your application for admission at the point of entry?
Ans: Yes or NO.

As my visa was never denied and only I-94 should I mention "No" here?

>>> The question clearly asks about your visa and not your petition for extension. So you can answer NO to this question provided your visa is never rejected by the consulate when you went for a visa interview.

[Today24]

Thanks for your prompt reply. I spoke to my attorney and they suggest

1. Say "No" to overstay as you have returned before that 30 days grace period

2. Say "Yes" and mention that your extension denied and nver been your visa denied.



Is it correct?

[shervin143]

There is no such thing as grace period. Anytime spent after I-94 expiry is illegal, unless the extension is granted. The information that I have provided in my previous reply is to the best of my knowledge. If your company attorney is suggesting otherwise, then I would suggest you to follow them as they are your sponsors.

Thanks for your prompt reply. I spoke to my attorney and they suggest

1. Say "No" to overstay as you have returned before that 30 days grace period

2. Say "Yes" and mention that your extension denied and nver been your visa denied.



Is it correct?