Hi, I had an H1B Visa Stamping interview at Mumbai Consulate. I was initially on L1B visa which expired in Feb 2021. My firm got my H1B petition and got my change of status approved in Oct 2020. I have a 797A document with i94 stating my validity till Oct 2023. However the consulate officer claimed I illegally overstayed on my visa and worked illegally over a year and handed me 212(a)(9)b2 and state i have a 10 year ban in the country. Was this correct and how can it be overturned?
Hi @anil_am22 need your urgent inputs, I have similar case and have a dropbox appointment on Nov 9 2022, and need to travel on Nov 5 from US.
I also had a H1 extension denial in 2019, filed through consular processing for a new employer- got the approval, and in DS-160 had mentioned as yes (gave the reason of 11 days stay) I had got the 221g eventually and it was cleared later in 5-6 weeks
This time again I got the new extension- and in DS-160 I will fill as yes with reason but I am afraid it might trigger 221g again, I heard from few colleagues that they were told not to put as yes for similar cases as they also traveled immediately after the result and few days are reasonable to wrap up things and go
I am planning to say yes and be transparent as you advised but do you know if this triggers 221g in most cases? and as per law even though its not applicants fault even a single day is counted as overstay? USCIS themselves takes 7-8 days to send the notice.
P.S.- I didn’t had any issues in I-140 or H1 extension but DS-160 is the only place where this question comes, wondering it this triggers more scrutiny
Would really appreciate your help if you can suggest.
Hi @Cheshtha_Gupta can you please update what happened in your dropbox, did you got any 221g? I also have a dropbox coming soon, I assume you answered yes and provided explaination
I am also in the same boat. Can you please update what happened in your case?