Pending Visa

[DaveSana 13]

Again, it is not necessarily true that she overstayed.

For example - read this:

https://www.usavisanow.com/h-1b-visa/h1b-visa-resources/h-1b-renewal-extension/

It says -

240 Day Rule:

This is the H1B visa 240 day rule where an individual can continue to work for the current employer for up to 240 days after the current H-1B visa expiration if he/she is waiting for the USCIS decision.

So, you just need to know the real deal on whether she overstayed or not.

And only USCIS can tell you that.

If she did overstay, that could affect your fiancee application...obviously.

[DaveSana 13]

I agree with CalifornianSunset....

Just find out from USCIS what the real deal was when she left Guam, before you apply.

Edited November 5, 2016 by DaveSana

[Nico22 68]

The company she worked at have the attorney and he was the one who did the process and stuff for applying for H2B visa. My fiance H1B visa expired on december 2015 before the visa expire they attorney filed for the new visa for her. She went back to Philippines on feb 2016 coz of her dad. So basically she overstayed for 60 days. If that 240 daya is legit then i think she should be fine. Right now the H2B visa is still on process. He doesn't have any docs about the new visa coz the attorney handles it.

[EM_Vandaveer 2,408]

Even if she accrued overstay (I don't think she did), 2 months means no ban anyway, so it won't cause problems.

Edited November 5, 2016 by EM_Vandaveer