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Overstayed 45 days while waiting for USCIS visa extension response

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Uros

Junior Member
What is the name of your state (only U.S. law)? New York

Before my J1 visa grace period ended at Oct 16 I applied to USCIS for a visa extension, and a few days ago I received a visa denied answer, sent on Nov 22. From what I understood, if I leave the country in less then 20 days after my visa request was denied I should have no negative consequences if I decide to apply for a J1 visa again next year.

What troubles me is that I don't think I will be able to convince the consul in my country the next time I apply that I have legally overstayed while I was waiting for USCIS response, because I don't have anything to show for it (I don't have an extended I-94 form which is usually presented in similar situations). The only "proofs" that I have are:
- Visa extension application filed on Oct 12
- Visa denied response received on Nov 22
- Hypothetical proof of leaving the US before Dec 12 (20 days after)

As far as I'm concerned that should be enough to convince anyone that I overstayed legally, but the problem is that noone asks for my opinion, especially not a consul who has a few minutes per applicant to spare. Does anyone have any experiences with similar cases? I could really use some advice here. Thanks in advance guys!
 
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