回复:谢谢8老师,第2个问题是这样的

来源: 2012-09-26 10:10:18 [博客] [旧帖] [给我悄悄话] 本文已被阅读:

律师说填DS160的时候有这样一个问题:

 

Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?

 

因为我的h1b有8个月和4个月的h1b waiting approval gap了,所以应该填Yes. 是不是应该这样?

-Say "No" unless your I-94 expired during your stay in US. Please note that "out of status" is not equal to "unlawful presence" and you are legal to stay during the application is pending.

 

还有H1b的终止日期给延长了8个月,这样我的h1b总时间会达到6年零8个月。会有问题吗?

-You can not use that 8 months of h1 time due to USCIS mistakely grant, but you can make up the time you spent in China during the 6 year H1 duration.