Expired I-94, Fresh H1 Stamping in Delhi and Reentry

[bhartiya_12]

My I-94 has expired on 15th of this month and fresh H1 applied by my prostective employer under premium processing. Should have been a transfer came but employer forgot my expiry date is 15th so big mess up. He says new H1 should come by thursday. So I have to go to India( delhi) and get new H1 stamped and then come back.

It seems to me that my bigger problem might be when I come back here after getting the visa at port of entry since the office here at port of entry will most definitely know that I overstayed even if the embassy in India does not know. By the way I have to apply in delhi. Any feedback on the H1 cases there in terms of what they usually ask?

If the immigration officer on port of entry or embassy in delhi asks me about why I overstayed can and should I clearly say that my employer screwed up(of course nicely) instead of coming up with stories. He actually forgot to remember that my expiry date was 15th. Usually will they deny entry based on a few days overstay? I understand its their discretion but whats the general practice/experience in such cases.

I am also taking courses in a masters program so I am guessing I should take some documents from the school also which show that if that helps my case for visa or on return at port of entry.

Please respond soon

Thanks

 

[ginnu]

If the immigration officer on port of entry or embassy in Delhi asks me about why I overstayed can and should I clearly say that my employer screwed up(of course nicely) instead of coming up with stories.
----- I don’t think they will know or ask such question because your illegal stay is less than 180 days better tell the truth
He actually forgot to remember that my expiry date was 15th. Usually will they deny entry based on a few days overstay?
------ no problem
I understand its their discretion but whats the general practice/experience in such cases.
----- I don’t see problem
I am also taking courses in a masters program so I am guessing I should take some documents from the school also which show that if that helps my case for visa or on return at port of entry.
---- I will not disclose that School info, only if asked then give the info and don’t unnecessarily give explanations, they are interested in H1approval notice and other required documents for H1 visa stamp

 

[bhartiya_12]

----- I don’t think they will know or ask such question because your illegal stay is less than 180 days better tell the truth

***** do you mean if they ask I tell the truth?

 

[ginnu]

***** do you mean if they ask I tell the truth?
----- yes tell the truth, I am 995 sure they are not going to ask you about I-94 becase diffrent department of USCIS/BCP collects the I-94 at departure from airline then data is entred in to system.
Relax!! I know few cases who overstayed few days then departed and are back with H1 visa stamp. The big problems comes of you staty illegal or out of status more than 180 days. I hope you will get H1 stamp and will be again in status.