I-94 Overstay

L1toGC

Registered Users (C)
Hello guys,

Here is my story. I had a B1 and stayed for 6 month. Booked my fight back on the same day my I-94 expired. (16.Dec.2003) At the airport I found out the flight was overbooked and the airliner rescheduled my flight to the next day. So I overstayed my I-94 for 12 hours.

Theoretically this means I lost my status and my visa is VOID. OK, I returned do my home country and after 3 month I came back with a new L1 visa. At the POE the inspector gave me no hard time and issued an I-94 for 3 years.

Here my question:
1. Can I find out if my old B1 is really being voided? May be, the overstay was unnoticed (less then a day and not my fault).

2. Does this overstay have an impact on my new L1? May be, the overstay was not known by the time they issued my new L1

3. I’m now filing for EB1. (I-140/485) Is this overstay history a reason to reject my application?

Base line is can I clean up my USCIS records somehow?

Thank you all
 
Just a personal opinion, but I think you are making too much out of your 12 hour overstay. There are 3 and 10 year bans for people overstaying more than 6 or 12 months respectively. I also have not heard about cleaning up your record at USCIS since it is a fact that has happened no matter the circumstances.
To be on the safe side, keep copies of everything that might prove your point such as boarding passes and original ticket itinerary. Also, you might want to consult your attorney.
 
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