H1b stamping - Unlawful Presence - back dated approval - DS-160

Hello @Anil_Gupta,

I have seen that you have been helping out the community with your advices. I needed some help as well. Thanks.

Here is the timeline of my case:

  • I-94 expired on Jan 10, 2020
  • H1b extension was filed before that, RFE was issued and we have responded to that as well and it was under process
  • Before 240 days from expiry employer filed another Extension with premium processing.
  • Stopped working after 240 days but remained in US.
  • We got approval on the first application with back dated expiry of May 31st 2020.
  • Second application got issued RFE questioning my status, responded to it and got approval for it but with consulate processing
  • I left US within a week of receiving the notice

So here are my questions for DS-160:

  • Present Employer or School Name: What should I enter here? Should I say I am currently unemployed or putting down petitioner as current employer is okay?
  • Intended date of arrival: Should this be any date in future since I don’t know when I will get the appointment?
  • Intended length of stay in U.S.: Since I have extension approved for until May 2023 is it okay if I enter 2 years here or should it be less than 2 years?

Another question is for the Emergency Appointment:
If I get a letter from employer and client stating that my presence in US is needed because I can’t work from India and if I am not there in US then it will result in huge loss and hardship for my employer and client. Do you think I have a chance of getting the application approved? I am a Software Developer and was working remotely in US due to COVID. But can’t work from India because of VPN issues.

I think I am qualified for exemption from the Presidential proclamation since I was there in US before it was issued and I am intending to return for same employer and will be working on same client/project

Your present employer is the one whom you are currently employed with. If it is H1B sponsor, then write their name.

Intended date of travel should be the tentative date which you plan to travel irrespective of appointment dates available.

Length of stay can be same as H1B petition validity.

You may qualify for emergency appointment. Visa officer at US embassy take each case separately.

Thanks Anil! Did you come across any software developer who managed to get EA appointment approved for H-1b with business emergency? I am mostly seeing H4 approvals everywhere with family separation or medical emergency as the reasons.