vu2vut/Ram
i am enclosing a letter that i had written to the US consulate in Mumbai for securing a new visa recently. I got my new visa re-issued without any problems, I wasnt asked any question by the consular officer. But do you think the consulate will look at my entry-exit date more closely during the CP process. Please advise?
Also, as soon as my lawyer had found out that I had overstayed he sent me back to india to get a new visa. I was told by the VFS people in B'bay that as long as I didn't overstay more than 180 days I would be OK but its hard to take their word for it.
Here's my letter to the US Consulate in Mumbai -
I have been working with ABC company since July 1999. I was issued my first H1-B visa valid from March 2000 to March 2003. In September 2001, while working in the U.S. in valid H-1B status, I was assigned a new position as a Product Development Engineer for ABC Company in Nashville, TN. A new H-1B petition was filed with BCIS and I was issued a new I-797A form confirming my temporary employment from September 2001 to May 2004 with the company. Upon entering the United States back from vacation in January 2003, I was inadvertently issued an I-94 with an expiration date of March 2003 (based upon the expiration date of my old H-1B visa) instead of the expiration date per the new I-747A form. During my entry I presented my passport and my new I-797A approval notice. As a result of this error, my I-94 card expired in March 2003, while I was present in the U.S.
While preparing documents for a revalidation of my visa, my company’s lawyers noticed the error and alerted me to the fact that my I-94 card had expired. I immediately departed the US to rectify the problem. Therefore, I am applying to the US Consulate in Mumbai for an issuance of a new H1-B visa based on my new I-747A form, valid from September 2001 to May 2004.
Do you think I was wrong here? Is this going to be a serious case considering that I did not overstay more than 180 days(which I know is a big problem)
Thanks for your help.
vu2vut said:
If you proceed with 485, you will be inside US and will have access to an attorney (and possibly can fight the case), in the event USCIS finds out the disparity in I-94 dates. During CP, your access to proper legal procedures in highly limited.
I dont know about the validity of argument that the INS officer stamped the 'wrong' date. In many cases INS officer decides your allowed period of stay inside US and the VISA is merely an application for entry into US.
Please confer with a competent lawyer before your decide.