I came to US on F2 visa and applied for H1, day before yesterday i came to know that my H1B got denied. But my husband got his status changed from F1 to H1 in October. As I am out of status I am going to home country to apply H4. I am filling DS-160 form and was asked "Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official, or otherwise violated the terms of a US visa?" Yes/No. Now as I am "out of Status" what should I answer to this question. Thanks in advance!!!
Explain your self on the form about your previous status and your husband;s status and all. Wonder how long were you out of status all together? Another words, when your H1 application was denied, how long before the denial were out of status. If not more that six months you should be filing a waiver of 212(d)(3) with consulate. Always best to hire an immigration attorney. Best of luck.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,nor should it be viewed as establishing an attorney client relationship of any kind.
If your H1B with change of status was filed prior to expiration of your F2, your stay was authorized so you overstay only after the denial day.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Your F-2 status ended when your husband changed F-1 status to the H-1B and your request ( submitted by your prospective employer) for the H-1B was denied. You do need to visit the U.S. consulate in your home country to obtain the H-4 visa.
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