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I went to US for step 2 cs and match on b1 visa. Got several interview calls and got matched .as my B1 was expiring so applied for an extension. i received the letter that your application is pending.as the match was over, i went back with a j1( my application was still pending ) 1 month after the expiray date .My J1 was thrice refused that year.next year my PD again send me a contact and i reapplied for j1 but somehow (may be )i was unable to convince the visa officer, so again refused. ironically my application was still under process, and after one and half year i received a letter of rejection due to lack of some docs alongwith a cheque of 40$!!
now want to reapply for b1 and i have sufficient strong ties(permanant govt job,married with two kids etc)
kindly tell me ;
1-was my 'overstay' of 1 month legal as the extension application was pending and i got final refusal after 1 1/2 years.
2- what are the prospects of getting b1 after these issues and history.
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I'm not sure if I am giving you the correct information but as far as I know, they consider your status as legal while pending decision but as soon as you get the rejection, they retrospectively see your status as overstay.
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Talk to an immigration lawyer.
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definitely u need a immigration lawyer
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Guy/gal. I'm a bit missing the thread of your story. So, for instance, you came to US on B1 in october 200x. 1q: what was the expiration date of your I-94? Did you apply for extension of your B1 being in frames of your initial I-94 or you did it beyond expiration date of your first I-94? Just to make sure that I understood everything correctly.
To dragondoc. That's, true, you are considered ok while your application is pending, but if it is pending for 1.5 year (and obviously beyond that requested date for extension you applied) - than it is better to leave USA within 180 days, otherwise you will be banned from entering for 3-10 years.
There is good website immihelp.com.
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dear x_rayed
i went in oct200x and the i-94's expiration date was march200x+1. i applied for an extension in january and i left the country in april and at that time it was pending.
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Well, as soon as you applied for extension in January 200x+1 up to, for instance, April 20th 200x+1, and left US on April 20th at 23.59, from my point you didnt bent any law. So, I understand that you are experienced in going to US embassy, and as I 've had numerous visits over there, I would advice you to shedule another one turture, bring your endless documents (letter ro officer with the reqest for extension, your air tickets, disapproval of your extension of status request with its date (which, as I calculated, should be 200x+1+1.5)) and, .... be eloquent and convincing when you r on your interview. The thing is, from my experience again, as soon as one applies for extension it gets staight under suspicion of potential immigrant.
So, keep your pecker up and good luck.
