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truelies
09-27-2012, 03:38 PM
I was laid off by company A at 11/2011, my i-94 expire date 3/2013; At 6/2012, company B applied H1b transfer for me and got approved at 9/2013 without i-94. So need to go back to China to apply the h1b visa and reentry US.

The problem is DS-160 form have a question "violated the terms of a U.S. visa" Yes or No choice. I was "out of status" for 7 months before 6/2012, and wait for 3 months before 9/2012's approval. Should I answer 'Yes' or 'No'? My understanding is "out of status" not equal to 'violated the terms of a U.S. visa', also I never got a H1b visa outside US. Is that correct? Thanks

simple.life
09-27-2012, 08:14 PM
you were out of status for a little over the 180 day threshold i think it should be ok but i am an optimist at heart. check with an attorney

Did your employer A paid for an airline ticket for your return to China when they laid you off. They officially owe you that and you can sue them for it.

truelies
09-27-2012, 08:39 PM
you were out of status for a little over the 180 day threshold i think it should be ok but i am an optimist at heart. check with an attorney

Did your employer A paid for an airline ticket for your return to China when they laid you off. They officially owe you that and you can sue them for it.

I am still very confused on that yes/no question. No, company didn't pay my ticket. They said it's not a must.

truelies
09-27-2012, 08:40 PM
you were out of status for a little over the 180 day threshold i think it should be ok but i am an optimist at heart. check with an attorney

Did your employer A paid for an airline ticket for your return to China when they laid you off. They officially owe you that and you can sue them for it.

I am still very confused on that yes/no question. No, company A didn't pay my ticket. They said it's not a must.

simple.life
09-27-2012, 10:50 PM
Never lie on an immigration application form ever.

I would put yes then explain in an letter or to the interviewing officer that you were actively interviewing during that time.

truelies
09-27-2012, 11:06 PM
Never lie on an immigration application form ever.

I would put yes then explain in an letter or to the interviewing officer that you were actively interviewing during that time.

I just want to know the correct answer. If the answer is 'no', I put it 'yes' then it's still a lie.

simple.life
09-27-2012, 11:28 PM
just because you didn't receive an h1b stamp on your passport doesn't mean you weren't in the US on terms of an h1 visa.

you have received your renewed h1 without a new i-94 which means they know you were unemployed!

is it the term of an h1b visa to be employed? yes or no

if yes, have you violated that term? yes

truelies
09-28-2012, 12:31 AM
just because you didn't receive an h1b stamp on your passport doesn't mean you weren't in the US on terms of an h1 visa.

you have received your renewed h1 without a new i-94 which means they know you were unemployed!

is it the term of an h1b visa to be employed? yes or no

if yes, have you violated that term? yes

I believe I am 'out of status', not 'violated h1b visa', because I never received a h1 b visa before. From 6/2012 to 9/2012, I am waiting for approval, I think this period is legal to stay in us.

truelies
09-28-2012, 12:38 AM
My lawyer said it should be ''no"; I asked another lawyer online said 'yes'. I am no so sure.

PERM12
09-28-2012, 02:23 PM
My lawyer said it should be ''no"; I asked another lawyer online said 'yes'. I am no so sure.

Follow one of the Attorney you trust / Hire...

H1B Visa terms state that you should be employed 40hrs a week with the employer filing for your H1B Visa -- you were out of job for that duration of 9 months is a volations of visa terms as per my understnading, However remember myself or any one replying in this forum is not an attorney and can not give you legal advice. All we can suggest is never give any false information on immigration documents.

Rb_newsletter
09-28-2012, 05:38 PM
My lawyer said it should be ''no"; I asked another lawyer online said 'yes'. I am no so sure.

You should go by whatever your new company lawyer says. If he says no it is no. Because only the new company lawyer knows your complete situation/status.

Other lawyers might not have full picture. They have to go by what you say and you may not be aware of all legal stuffs.

If you are still concerned, then get a written proof from your company lawyer. So if someone points finger at you for gap, then you show the letter from your lawyer and ask them to talk to lawyer.

GCVivek
09-30-2012, 01:27 AM
This was clearly a violation of US Visa. If you are thinking of applying for GC at anytime....it will be a waste of time. Any violation (even if you marked "no" on the form) will disqualify you from US permanent residency. If you plan to go back to China and settle there after you h1B terms, it's fine to stay. If you want to leave China (like most of the 2 Billion people there want to), you should start your process in Australia or Canada. Just my advice. No matter what you hear, you have lost your US chance.

I was laid off by company A at 11/2011, my i-94 expire date 3/2013; At 6/2012, company B applied H1b transfer for me and got approved at 9/2013 without i-94. So need to go back to China to apply the h1b visa and reentry US.

The problem is DS-160 form have a question "violated the terms of a U.S. visa" Yes or No choice. I was "out of status" for 7 months before 6/2012, and wait for 3 months before 9/2012's approval. Should I answer 'Yes' or 'No'? My understanding is "out of status" not equal to 'violated the terms of a U.S. visa', also I never got a H1b visa outside US. Is that correct? Thanks

simple.life
09-30-2012, 08:59 AM
I'm certain if OP falls in love and gets married, this violation will be overlooked. There are many other instances where this issue wouldn't matter.

simple.life
09-30-2012, 04:14 PM
my above comment regarding marriage was in relation to GC process and not h1b visa.

OP should do a search on this forum where you will find examples of similar applicants answering YES and got their visa after explaining the situation to the officer.

listen to your lawyer but note that they cannot do anything if the visa is denied in China. The decision by consulate officer is final.

next time apply for a b1 visa if you find yourself in the same situation.

good luck.

supender
10-01-2012, 07:27 AM
Hi Op, I have been in the same situation in the past and I marked yes, I got my visa from Consulate in Delhi, India in 2008. In fact I am going to India again in November to get my visa stamped after being in status for last 4 years-now. I will be marking yes to the question again-as the questions says 'Have you ever....".

First you need to understand out of status and unlawfully present are two different thing.

Unlawfully present is days after expiry of I-94. If you accumulate over 180 days after I194 , you get an automatic ban of 10 years for re-entry. It is bad, fortunately, you are not there.

However, there is no rules on barring entry for out of status. Out of status means not being paid"If you are I94 expires on 3/2012 , you have not accumulated any days of unlawful presence.

I actually did accumulate 30 days, I answered yes to the question and still got H1B visa to re-enter. I have an approved I140. I have been told more than two lawyers, the gc shoul not be a problem.

Have faith, do the right thing. Things will work.

I will pray for you.

supender
10-01-2012, 07:37 AM
Correction, I meant to say:Your I94 EXPIRES ON 3/2013