Business Visa, and its impact on Consular Processing

[sansin]

I came to USA for the first time in 1997 January on B1 Visa. Stayed for 2.5 months in that visit.

Then I came again on a new B1 Visa on November 1997. In that visit, I stayed a little short of 4 months. I OVERSTAYED my I-94 (I-94 was for 3 months, so overstayed by about 28 days), because my Company lawyer at that time filed for converting my B1 to H1B, and she said its OK to overstay the I-94 if the H1B case is pending. I got the H1B approval notice without any problem, went back to India, got the H1B Visa stamp, and came back to USA on H1B in March 1998.

Now that I am going for Consular Interview, I have the following questions:

1. I overstayed my I-94 in 1998, at the time of converting from B1 to H1B. Do you see any problems with my overstay on B1? Could the Consular Officer make an issue out of this?

2. Do I need to show at the time of my Consular Intervew, my original B1 Visa related documents? Other than the B1 Visa in the passport, I have not retained any of the B1 related documents, not even the I-94. However, I do have the original H1B Approval Notice (Form I-797) that I got in March 1998.

Please let me know your views on the above issues.

Thanks
Sanjay

 

[vm1214]

Now that I am going for Consular Interview, I have the following questions:

1. I overstayed my I-94 in 1998, at the time of converting from B1 to H1B. Do you see any problems with my overstay on B1? Could the Consular Officer make an issue out of this?

{ My assumption, as you didn't have any problem in getting H1B visa stamped back in 1998 at the Bombay consulate, I see no problems getting it now}

2. Do I need to show at the time of my Consular Intervew, my original B1 Visa related documents? Other than the B1 Visa in the passport, I have not retained any of the B1 related documents, not even the I-94. However, I do have the original H1B Approval Notice (Form I-797) that I got in March 1998.

{IT's always good to have an orignal I-797 so if you remember who was your lawyer better get the duplicate from him before you go for interview}

Please let me know your views on the above issues.

Thanks