I overstayed I94 4 months and 17 days on H1B visa

HI,
I am working with H1B visa, I accidentally over stayed my I94 for 4 months and 17 days, as soon as I came to know this I came back to India will this be an issue for my stamping ,

On 2015 Jan 1st I entered USA I had my VISA stamped till 15 Sep 2017, I switched to a new company as direct employee on 2016 July so I got new I797 valid till May 2019, after that I traveled to INDIA on Dec 2016 and when I came back to USA I didn’t get stamping because my old VISA was valid for more than one year,

the issue here was when I entered USA I got my I94 extended only till July 22 2018 because of my passport expatriation date, but my I797 is valid till May 30 2019,

I was in assumption I can stay till my I797 valid date, I didn’t get my I94 renewed once I got my new passport,
Once I came to know I can’t stay with I797 date I immediately left USA at Dec 7th 2018.

My employer said you need to go for stamping with the current I797 which is valid till 30th may 2019,

  1. I like to know will this be a problem in Visa interview ?
  2. Is there possibility of getting rejected ?
  3. Will this be an issue in port of entry even if I get my Visa stamped ?
  4. Should I do any thing additional for Visa interview ?.

Thangadurai

Over staying i94 is counted as OUT OF STATUS time

Yes to all your questions.

Over-staying your i94 validity is counted as ‘Out of Status’ time and you have 4 months 17 days.
They CAN question you at every point about WHY you overstayed.

You do have a valid reason that your passport expired and you did not realize that your i94 date was matched to passport expiry.

It depends on the visa officer at US embassy visa interview, immigration officer at US port of entry and CBP officer at US airport to believe you and take appropriate action.

Thank you for quick replay.

Regards,
Thangadurai

1 Like

I have few more questions,

Every where the talk about if you have overstayed more than 6 months to 1 Year you will be bared for 3 years and overstayed more than a year you will be bared for 10 years, but what happens when a Non Immigrant overstayed less than 6 months?.

Regards,
Thangadurai

For each future visa application, you will have to explain why you overstayed.

Visa officer can deny your application at US embassy based on your overstay history.

Immigration officer at US port of entry can deny you entry based on your i94 overstay.

Anything can happen.

thank you for the quick reply

HI Anil,

I was lucky this time I was able to enter USA after my VISA stamping, so when they ask have you overstayed your VISA is it same as Overstayed I94 ?. or Visa overstay is different from I94 overstay.

I overstayed my I94 but not my I797 so what would be the correct answer ?

Regards,
Thangadurai

Overstay after i94 expiry is your visa overstay.

Ok, after the overstay of 4 month I went to india and got my visa stamped and returned back to USA, now my new employer is ready to file green card so, since I am currently under lawful stay will it still be an issue ?

We don’t know what decision the green card case officer will take.

But, they do look at your previous cases.