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Posted on 18 May 2011
Q.

Overstayed in US - H1b stamoing in Delhi,India

I have overstayed in US for a less than a month (27 days) after my H1b extension got denied(with expired I94).I applied for new H1B from new company within these 27 days. Now I am in India and need to apply for H1B stamping (and H4 for spouse) in India based on new approved H1B visa.

1. What potential issues overstay can cause during visa stamping in India and/or entry into USA, and how to address these issues?

2. What reasons/documents are helpful in justifying the overstay? My wife is pregant and there was a test pending before we left.Would that help?

3. Specifically, how to respond to following question in DS160:"Have you ever been unlawfully present,overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?

User's Location: India
Category: H1B Visa (Work Visa)
Posted on 18 May 2011
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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