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  1. #1
    Join Date
    Nov 2009
    Posts
    1

    Question DS-156: Have You Ever Violated the Terms of a U.S. Visa or Been Unlawfully Present

    Hi,

    I am filling up the DS156 form and are few questions which I need your help to answer.The reason is

    I was in US till May'2009 on H1B. The validity of my H1B visa and I-94 was till Mar-2009. Since I had changed the employer in Feb'2009, the employer had applied for H1 tranfer and I was in US based on the tranfer application. I got H1 tranfer rejection notice in Apr 2009. After that I returned to India in May 2009, within 30 days notice give in rejection notice.

    To mention here, my new employer did not process my salary from Feb-2009 to Apr-2009.

    After this I had again applied for fresh H1B from another company which has been approved and I have to go for the H1 interview. Can you please help in aswering the below questions in DS156.

    1. Have you ever been refused a US visa?
    2. Have you ever violated the terms of a US visa or been unlawfully present in, or depoted from the United States?

    What should be the best answer to the above question.

    Thanks in advance

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: DS-156: Have You Ever Violated the Terms of a U.S. Visa or Been Unlawfully Presen

    1. It sounds like you weren't denied a visa, but were denied a transfer and extension.
    2. From what you say, you did overstay but your presence was legal per the pending AOS and the grace period in your rejection notice.

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