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.