H1B denied - Have you ever been unlawfully present - DS 160 question? left US after 31 days

USA H1B
1

Hi All,

my case i had i-94 valid till jan 15,2023 from employer A
I transfer my h1b from Employer A → B, this transfer got denied on jan 7, 2022 got official notice on jan 14, 2022
i joined in company B On Oct 13,2021
after denial i left USA On Feb 15, 2022
in this case what should we answer for DS 160 Question "
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?"

2

You can answer ‘NO’ as your past I-94 was valid and you may qualify for 60 day grace even after USCIS denied the transfer.

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