Urgent: I-94 expired in past, going for h1-b stamping with valid i-797

[Shanya]

Hi,

Today date: 10/20/2017.

I am in a different situation here. this is my past experience:

I went to India and got a H1B stamping till July 10 2016 with passport expiring in Jan 25 2016. The POE issued the Online I-94 till Jan 25 2016.I completely forgot about the I-94 and applied for a new passport which came in feb, 2016. In June, I realized my I-94 got expired on Jan 25,2016 and called my Employer A and asked for options. As I am on expired I-94 <180 days, I should go out of the country and get a new I-94 on my existing visa. I crossed the border and got a new I-94 untill July 20, 2016(he gave me 10 days grace period).I applied a H1 transfer with client and got I-797 till Sep 2018(Max of 6 years) and same for I94. They filed my PERM labor which is in processing. My current Employer B/Lawyers are not aware of the situation.


I am planning to visit India this year end, Now my questions are:
1. Will I face problems by visiting India with my valid I-797 and go for H1 stamping with my past "overstay".
2. What should I answer to the Question in DS-160 for Overstay? If I answer YES, Immigration office even consider my genuine answer and issue a visa or I end up with a Query?

with answering "NO" - I get into trouble of lying. some are suggesting that, they only find it they will overlook the dates.
3. Does anyone have the experience?

Please help me,

[Shanya]

Hi,

Today date: 10/20/2017.

I am in a different situation here. this is my past experience:

I went to India and got a H1B stamping till July 10 2016 with passport expiring in Jan 25 2016. The POE issued the Online I-94 till Jan 25 2016.I completely forgot about the I-94 and applied for a new passport which came in feb, 2016. In June, I realized my I-94 got expired on Jan 25,2016 and called my Employer A and asked for options. As I am on expired I-94 <180 days, I should go out of the country and get a new I-94 on my existing visa. I crossed the border and got a new I-94 untill July 20, 2016(he gave me 10 days grace period).I applied a H1 transfer with client and got I-797 till Sep 2018(Max of 6 years) and same for I94. They filed my PERM labor which is in processing. My current Employer B/Lawyers are not aware of the situation.


I am planning to visit India this year end, Now my questions are:
1. Will I face problems by visiting India with my valid I-797 and go for H1 stamping with my past "overstay".
2. What should I answer to the Question in DS-160 for Overstay? If I answer YES, Immigration office even consider my genuine answer and issue a visa or I end up with a Query?

with answering "NO" - I get into trouble of lying. some are suggesting that, they only find it they will overlook the dates.
3. Does anyone have the experience?

Please help me,

Anyone please reply??

[raghvi]

Hi,

Today date: 10/20/2017.

I am in a different situation here. this is my past experience:

I went to India and got a H1B stamping till July 10 2016 with passport expiring in Jan 25 2016. The POE issued the Online I-94 till Jan 25 2016.I completely forgot about the I-94 and applied for a new passport which came in feb, 2016. In June, I realized my I-94 got expired on Jan 25,2016 and called my Employer A and asked for options. As I am on expired I-94 <180 days, I should go out of the country and get a new I-94 on my existing visa. I crossed the border and got a new I-94 untill July 20, 2016(he gave me 10 days grace period).I applied a H1 transfer with client and got I-797 till Sep 2018(Max of 6 years) and same for I94. They filed my PERM labor which is in processing. My current Employer B/Lawyers are not aware of the situation.


I am planning to visit India this year end, Now my questions are:
1. Will I face problems by visiting India with my valid I-797 and go for H1 stamping with my past "overstay".
2. What should I answer to the Question in DS-160 for Overstay? If I answer YES, Immigration office even consider my genuine answer and issue a visa or I end up with a Query?

with answering "NO" - I get into trouble of lying. some are suggesting that, they only find it they will overlook the dates.
3. Does anyone have the experience?

Please help me,

1. Dont see why.
2 & 3. You should answer truthfully. Lying because of fear of a query would only make matters worse if discovered. Lying on federal visa application and getting caught can be far worse then a query which can be clarified.

This is my opinion not legal advice.

[Shanya]

1. Dont see why.
2 & 3. You should answer truthfully. Lying because of fear of a query would only make matters worse if discovered. Lying on federal visa application and getting caught can be far worse then a query which can be clarified.

This is my opinion not legal advice.

Thank you Raghvi.

I have one more Travel question while filing DS160:*"Have you traveled to any countries within the last five years"?

As I crossed the Mexico border(with in 15 miles) and entered US for my I-94 extension, would that be considered as a travel and I need to enter mexico for the above question?

Your help is much appreciated.

[raghvi]

Thank you Raghvi.

I have one more Travel question while filing DS160:*"Have you traveled to any countries within the last five years"?

As I crossed the Mexico border(with in 15 miles) and entered US for my I-94 extension, would that be considered as a travel and I need to enter mexico for the above question?

Your help is much appreciated.

Yes.

This is my opinion not legal advice.