Over stay for 172 Days in US unknowingly- L1B

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Hi, I was in US from Jan 2008 to Nov 2010 with L1B. While i was in US during that time again I have applied L1A Blan in US and i came back to india for visa stamping and it got approved until 08/feb 2013 as L1B. when I landed with my family in US we all got I-94 until Nov 2013. meanwhile I had a chance to go to AUS from US for official Purpose. When I came back to US i got I-94 entry until Oct 2015.

So i thought of trying to extend my family I-94 to Oct 2015 on Aug 2013 because my family members I-94 expiring soon. During the time only i came to know about L1 B we can stay only 5 years and i over stayed. as per L1 B i suppose to leave by Feb 27 2013 but i left from US on 18-Aug 2013. which is 172 days over stay.

Now i am in cooling period of one year and had a plan to apply fresh L1A Blan again after 18-2014. I just want to know is there any problem will come in my Visa interview because of my 172 days over stay (but i have copy of I-94 with me which is saying Oct 2015.)

can you any one tell how could i answer If any question from the officer about my over stay.

[raghvi]

Hi, I was in US from Jan 2008 to Nov 2010 with L1B. While i was in US during that time again I have applied L1A Blan in US and i came back to india for visa stamping and it got approved until 08/feb 2013 as L1B. when I landed with my family in US we all got I-94 until Nov 2013. meanwhile I had a chance to go to AUS from US for official Purpose. When I came back to US i got I-94 entry until Oct 2015.

So i thought of trying to extend my family I-94 to Oct 2015 on Aug 2013 because my family members I-94 expiring soon. During the time only i came to know about L1 B we can stay only 5 years and i over stayed. as per L1 B i suppose to leave by Feb 27 2013 but i left from US on 18-Aug 2013. which is 172 days over stay.

Now i am in cooling period of one year and had a plan to apply fresh L1A Blan again after 18-2014. I just want to know is there any problem will come in my Visa interview because of my 172 days over stay (but i have copy of I-94 with me which is saying Oct 2015.)

can you any one tell how could i answer If any question from the officer about my over stay.

Only physical stay in US counts towards the 5 Year calculation , so would first advise to write down all entry and exit dates and do a calculation whether you overstayed or now.

If indeed you did overstay then irrespective whether you got an I-94 beyond 5 Year or not, it was yours and your employer's responsibility to adhere to the rules and the follow the same. Overstay would have to be declared in subsequent petition under the suitable question of overstaying.

Now, whether that has a bearing or not depends upon the officer and how deeply USCIS goes into your past records for future petitions.

This is my opinion not legal advice.