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Visa will be denied for being out of status?

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Apache24

Junior Member
What is the name of your state? DC

Is it likely that a person, who was out of status on a H1-B visa for over 6 months (but valid I-94) be denied a visa for a new H1-B at the consulate 2 yrs after he returned back to his country?
 


HomeGuru

Senior Member
Apache24 said:
What is the name of your state? DC

Is it likely that a person, who was out of status on a H1-B visa for over 6 months (but valid I-94) be denied a visa for a new H1-B at the consulate 2 yrs after he returned back to his country?
**A: yes, the denial is likely. Do you have diplomatic immunity?
 

DEREKCH

Junior Member
Its very unlikely you will be denied coz it seems you did not accumulate any days of unlawful presence as your I-94 was still valid.

You were out-of-status which is a lot lesser evil than unlawfully present - this is a VERY important distinction.

It is unlikely that any consulate can dig that deep (2 years) and put 2 + 2 together. So be confident......
 

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