Overstay or Illegal Immigrant or Out of Status ???

[ByrceChester]

My L1B maxed out of 5 Years. But i was having valid I-94.

Please advise on the following
1)Am i fall under Illegal immigrant or Overstaying or Out of status?? (please note i was having valid I-94, which means i can legally stay..right)

2) Please tell me, whether 3 yrs ban triggers in this case ?? How do i know whether i come under overstay category and 3 yrs ban has been triggered ?? ( i was having valid I-94, which means i can legally stay in the US,..Right?)

3) Does Visa max out period overrides I-94 Doc ??.

4) Will there be any issue if i apply visa again after 2 years cooling period... ??

Is there anybody out there with similar experience and re-entered US again ?

Plz help.

[raghvi]

My L1B maxed out of 5 Years. But i was having valid I-94.

Please advise on the following
1)Am i fall under Illegal immigrant or Overstaying or Out of status?? (please note i was having valid I-94, which means i can legally stay..right)

2) Please tell me, whether 3 yrs ban triggers in this case ?? How do i know whether i come under overstay category and 3 yrs ban has been triggered ?? ( i was having valid I-94, which means i can legally stay in the US,..Right?)

3) Does Visa max out period overrides I-94 Doc ??.

4) Will there be any issue if i apply visa again after 2 years cooling period... ??

Is there anybody out there with similar experience and re-entered US again ?

Plz help.

L1B allows max 5 Years stay in US and L1A 7 Years, irrespective of I-94 given at the Port Of Entry. Are you sure you calculated 5 Years/7 Years of physical stay in US?

Why did you wait for so long while in US to ascertain this 180 days is 6 Months time....

1. You will fall under overstay category and have to declare the same under suitable point in the DS-160.
2. How long was the over stay for ? A 180+ overstay can potentially trigger the ban.
3. Yes.
4. No one can say how the VO would take the overstay period.

This is my opinion not legal advice.

[ByrceChester]

L1B allows max 5 Years stay in US and L1A 7 Years, irrespective of I-94 given at the Port Of Entry. Are you sure you calculated 5 Years/7 Years of physical stay in US?

Why did you wait for so long while in US to ascertain this 180 days is 6 Months time....

1. You will fall under overstay category and have to declare the same under suitable point in the DS-160.
2. How long was the over stay for ? A 180+ overstay can potentially trigger the ban.
3. Yes.
4. No one can say how the VO would take the overstay period.

This is my opinion not legal advice.

H,
Thanks for quick reply. Based on your answer, i have my queries.

1) In DS160, they were asking only the last 5 entries... where exactly i need to declare that i overstayed ??.
2) I overstayed exactly 5.5 months. will it trigger a ban?
3) Agree. [was not aware that visa max period will override I-94]--Late lesson learnt here.
4) My I.94 issued by them was a mistake from their side, then how can i be held accountable. As per law, i stayed in US and did abide the rules.
5) This incidence was happened 2.5 years ago, now my employer is filing L1A. what shall i do now? will it be okay to proceed??
Please advice...I am totally restless these days.

[raghvi]

H,
Thanks for quick reply. Based on your answer, i have my queries.

1) In DS160, they were asking only the last 5 entries... where exactly i need to declare that i overstayed ??.
2) I overstayed exactly 5.5 months. will it trigger a ban?
3) Agree. [was not aware that visa max period will override I-94]--Late lesson learnt here.
4) My I.94 issued by them was a mistake from their side, then how can i be held accountable. As per law, i stayed in US and did abide the rules.
5) This incidence was happened 2.5 years ago, now my employer is filing L1A. what shall i do now? will it be okay to proceed??
Please advice...I am totally restless these days.

1. I believe there is a question, "have you ever violated the terms of a U.S. visa". You have to answer YES and provide valid reason.
2. 5.5 Months is less than 180 days so NO.
4. Following the laws of land is equally your responsibility. Your employer is responsible too to ensure you have the valid paperwork to work.
5. I think you should go ahead and if questioned, be honest about the mistake and mention that you had a valid I-94 hence didnt know at that time.

This is my opinion not legal advice.