I was laid off on the 31st of December 2015 due to a loss of research funding. After that I applied to multiple research positions in my field, my plan was to stay until the end of January, see how things workout and leave the US before 31st. But I was called for multiple onsite interview during most part of February, due to this I had to stay until the end of February. I left the US on 1st march, 60 days after losing my job. Recently I was offered a position with a renowned research group, they filed for my H1B (consular processing) and sent me the approval notice. Since I do not have H1B visa stamp in my passport I am required to appear for a visa interview at the Mumbai consulate. For my DS160 question about unlawful presence/violation of status question, I have answered YES and gave a brief explanation, Is this the right response? Would this response affect the interview?
I would really appreciate if you guys would give me your advice on this situation.
Yes, you must acknowledge that you were out of legal status for 60 days. You should have changed status in the US while you were looking for a new job, but you should still be eligible for another H-1B visa. Good luck!
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
You have given the correct response, which is "Yes," regarding whether you have ever had a violation of your status since, for a period of 60 days, you were not maintaining your H-1B status. However, you should still be found eligible to receive a new H-1B visa. I wish you the best with your visa application.
This information does not establish an attorney-client relationship or any responsibility or liability on the part of the attorney for actions taken by the recipient arising from having read this information. The recipient of the information is advised to contact an experienced attorney for a formal consultation regarding this matter.
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