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statuslaw 12-26-2007 07:47 PM

DS-156, question 38, please help!!!

I will have H1-b visa interview in Toronto. I have questions about DS-156 and need your help! Here it is:

(38). Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States? Yes/No

My situation is:

I am/was a student in a US university. In May 2007, I got my H1-b approved with company AA. In June 2007, I got a good internship position in a top company BB (a potential full time position). In July 2007, I asked company AA to revoke my H1-b because I can not have my CPT and OPT with the approved H1-b. In August 2007, I worked in company BB with my CPT (curricular practice training).

However, the H1-b has not been revoked in time (so far it is still in pending) because USCIS asked for additional information from company AA for the H1-b revocation. My student status was terminated\overrode by the H1-b automatically on October 1, 2007. But I never noticed it.

On October 28, I was refused admission into the US. The custom officer red-crossed my I-20. He told me that I did not have status in the US and sent me back to Canada (I am a Canada permanent resident). Company BB filed a new H1-b for me and got approved. Now questions is:

For (38), Since my H1-b invalidated my CPT but I was not aware of it. I was unlawfully present in US between Oct. 1, 2007 and Oct. 26, 2007, i.e., violated the terms of visa. Is it right? However, my CPT was valid until December 31, 2007 (although invalidated by H1-b). Should I choose Yes or No?


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