H1b stamping , went out of status in the past

[Crimson]

Hi everone i have an issue with status in the past
Please provide your suggestion,
In july 2013 i have applied for my OPT stem extension , and i was given an RFE in august , which i have not received, asked uscis and raised a SR request to resend RFE , which was not sent in 30 days , again i have raised 2nd service request to resend RFE. Still i have not received my RFE and I was denied of I-765 ( opt extension ) on November 2013
I have filed Motion to reopen on November 2013 which was denied on January 2014 , as the evidence for RFE was not sent.
I have refiled Motion to Reopen & FOIA to get RFE On feb 2014 with **** ** law firm, In april i have received RFE and i have responded uscis with my RFE.
Mean while in April previous employer filed an H1b to me in consular processing, which was sent with RFE on May 2014 and later denied of H1b on August 2014 . On the basis of two grounds 1) Insufficient or inappropriate client letter 2) beneficiary is maintaining out of status .
Until that time i was not informed by USCIS or my lawyer saying unlawfully present or out of status , so then i realized and booked a flight ticket to india on Aug 2014.
On aug 2014 before my travel my Motion to reopen filed in February got approved , my attorney informed me regarding my stay in USA from now is legal.I have cancelled my travel back to india.
Later on in Feb 2015 my OPT got approved , with no time left on my OPT extension ( as my opt extension start and end dates approved are from september 2013 to feb 2015 ).
I have applied for college, applied for employment at new employer and i got college admission and CPT approval on March 2015 , from then i am working on my CPT.
And my new employer filed h1 which was approved and change of status with an rfe, i am planning to go for stamping in india.
While filling ds 160 there is one question whether u stayed unlawfully or out of status in usa . Which i need to answer yes asi know as uscis mentioned that in the past.
Now my question regarding my unlawful stay , how can i defend at visa stamping please provide me your suggestions.
Is this going to be a problem from getting stamped?
Will that be ok if submit all the documents during my stay ?
Are they going to pull all the records?
Any help is appreciated

Thanks
Crimson

[shervin143]

If your MTR was later approved with a new I-94 covering all the time that you have spent in U.S, then your presence is not unlawful. If you have breaks between your I-94, then you have to mention it as illegal stay and mention the reason about your case history.

[Crimson]

Thank you appreciate your response.
my motion to reopen has been approved , and issued an EAD with all the time from september 2013 to feb 2015 .
But i am not aware of I-94 card, if they have any breaks or not. please let me know how i can verify that .

And my empolyer has filed my H1b petition for non immigrant status in april 2015 , which was approved in september 2015 with I94 receipt number and vaidity until my H1b validity.

Thanks
siva

[shervin143]

It is hard to say without looking at all your I-94s and the EAD card that you received. Check with the same attorney who filed you case. They can guide you properly since they will have all your case history. You can also contact a good immigration attorney with all your details. It is important you get this clarified properly without entering wrong information in DS160. Online consultation for most of the big law firms will cost somewhere between $100 to $150.

Thank you appreciate your response.
my motion to reopen has been approved , and issued an EAD with all the time from september 2013 to feb 2015 .
But i am not aware of I-94 card, if they have any breaks or not. please let me know how i can verify that .

And my empolyer has filed my H1b petition for non immigrant status in april 2015 , which was approved in september 2015 with I94 receipt number and vaidity until my H1b validity.

Thanks
siva