DS 160 Form - Out of Status Question

[miasanbm]

In DS-160 form there is a question "If you stayed more than the time granted by immigration officer or if you violated the staying policy"..I have the following situation...kindly suggest me what should be my answer

I was in L1B visa last year which was expiring in Sep 2012...My employer applied for L1B extension much before my visa/I-94 expiry date in my passport...however the L1B petition for extension was denied by USCIS...my employer received the denial notice and asked me to stop working and leave the country within 10 days...I left the country on the 10th day after selling my household goods, car, other settlement etc...

as per the law if petition is applied before visa/I-94 expiry date I can stay and work legally up to another 240 days grace period until visa decision is received...therefore I think I didn't accrue any unlawful presence as I was within the 240 days grace period and left the country within 10 days after my employer notified me about petition rejection...

so I was thinking about answering the question as No in my DS-160 and carry copy of last year's L1B petition receipt notice and my employer's email on leaving the country within 10 days...if VO asks anything I can explain and present the documents...

Can I get an advise if I am doing the right thing or should I say Yes?

Also can someone provide me the link of USCIS website where the 240 days grace period is documented? I can carry a printout of that as will just in case required in the interview

[Nattybone]

In DS-160 form there is a question "If you stayed more than the time granted by immigration officer or if you violated the staying policy"..I have the following situation...kindly suggest me what should be my answer

I was in L1B visa last year which was expiring in Sep 2012...My employer applied for L1B extension much before my visa/I-94 expiry date in my passport...however the L1B petition for extension was denied by USCIS...my employer received the denial notice and asked me to stop working and leave the country within 10 days...I left the country on the 10th day after selling my household goods, car, other settlement etc...

as per the law if petition is applied before visa/I-94 expiry date I can stay and work legally up to another 240 days grace period until visa decision is received...therefore I think I didn't accrue any unlawful presence as I was within the 240 days grace period and left the country within 10 days after my employer notified me about petition rejection...

so I was thinking about answering the question as No in my DS-160 and carry copy of last year's L1B petition receipt notice and my employer's email on leaving the country within 10 days...if VO asks anything I can explain and present the documents...

Can I get an advise if I am doing the right thing or should I say Yes?

Also can someone provide me the link of USCIS website where the 240 days grace period is documented? I can carry a printout of that as will just in case required in the interview

Hello, Miasanbm.

While i agree with you on the 240 day grace period, however, i am personally of the view that if one stays beyond the date mentioned on the I94, even if it is based on filing a valid petition especially when the extension has been denied, the person has accrued an overstay. So, i would in this case write Yes on the query on the DS160 in regards to overstay. In their system (while it does not capture everything), they are clearly able to record your entry and exit date and match it with your visa validity, so you do not want to come across as some trying to mislead the consulate.

Personal Opinion. I am sharing the link below which carries mention of the 240 day stay.


I hope this helps.

Wishing you luck.

Cheers,

[miasanbm]

Thank you