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  • Out of status question

    In case when there is a RFE after I-94 expiry date to a H1B extension application, when does the out of status begin in the following cases?

    1) RFE is responded and results in denial. The person then leaves US as soon as possible. Does it begin from the denial notice date or from the I-94 expiry date?

    2.a) The person starts working on gathering documents but later decides not to respond to RFE, instead withdraws the extension petition and leaves before the date by which RFE should have been responded. Did the person loose status in this case?

    During future visa applications in consulate, what should be the answer to the following question in DS-156?
    2.b) Have you ever violated the terms of a U.S. visa or been unlawfully present in, or deported from, the United States?

    2.c) What should be the answer if consular officer asks if you ever have overstayed in US. Should the person answer 'yes' and then explains or can the answer be a simple 'No'?

  • #2
    The date the I-94 expires is the date one becomes illegal if an extension gets denied.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      What happens in the following scenario?

      2.a) The person starts working on gathering documents but later decides not to respond to RFE, instead withdraws the extension petition and leaves before the date by which RFE should have been responded. Did the person loose status in this case?

      Is there a clear definition from USCIS for such scenario?

      Comment


      • #4
        The answer remains the same for all scenarios.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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