律師說填DS160的時候有這樣一個問題:
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?
因為我的h1b有8個月和4個月的h1b waiting approval gap了,所以應該填Yes. 是不是應該這樣?
-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.
還有H1b的終止日期給延長了8個月,這樣我的h1b總時間會達到6年零8個月。會有問題嗎?
-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.