1st time H1 stamping, jaxen & others pls help.

M

mroncesvalles

Registered Users (C)
My sister went to Italy to apply for H1 Visa, her case was a little bit complicated. I appreciate if anybody can share some light. The details of her case is as follow;
- She came here last July 2002 on a multiple visa.
- Her H1 petition was approved but the change of status was denied. INS said she overstayed but advised her to apply for the Visa at the consulate in Manila.
- She applied for 1st extension of I-94 and was approved. however the 2nd extension were not received by INS for some reason in spite proof of certified mail receipts.
- The latest letter from INS regarding the approved H1 petion and the denial of the change of status was dated August 2002 and they left for Italy on September 2002.
- INS forwarded the approval of the petition to Manila, but she chosed to go to Italy because she has a job waiting for her in case she will be denied the H1 Visa.

Our questions and fears we need your help are;
1. Is her multiple visa automatically cancelled?
2. Will she be barred from entering US because of overstaying which I believe in not her fault?
3. When will the 180 days overstaying starts, at the end of her latest I-94 or the latest letter of INS regarding the approved petition and denial of change of status which is August 2002?
4. Will the Italian consulate process her papers even though INS forwarden the approved H1 petition in Manila?
5. In your honest opinion, will she get an H1 Visa?

Than you in advance for those who will respond especially to jaxen.

Miguel
 
Details incomplete

What multiple visa?????

1. Assuming it was visitor visa, it will be cancelled by the next US consulate she will apply for H1.
2. Without the receipt from INS, she does not have any solid proof. And if the "multiple visa" she was referring to was visitors visa, she cannot extend I94 beyond one 6 month period. So her 2nd extension application was invalid. This means she was out of status.

3. out of status in this case starts from expiry of I94. Asking for a new I94 is a method by INS to make the applicant to leave US, so that if proved, they can prevent the applicant from entering US.

4. Did she take an appointment with US consulate in Italy?
 
thanks for your reply jaxen..

jaxen,

i appologies for not responding fast, as i was trying to reach my sister reagarding your question.
- there is a correction, my sister came here last July 2000 and not July 2002.

1. Yes the multible visa is the tourist visa.
2. So she was out of status since July 2001, which is the
date in I-94 of her 1st extension.
3. When they left for Italy the airline asked for their I-94 and
she surrendered it.
4. They applied through a drop box procedure at the US
Consulate in Rome Italy.

New Questions.
1. Since it is more that 180 days since July 2001 and the day
they left which is September 2002. Will they be barred from
entering US for 3 yrs or so?
2. Will the recent approval letter, which advises them to apply
to a US Consulate abroad, will not be considered?
3. Please reply to # 4 & #5 of my previous query. thanks.

Please inform us of the possible actions the US consulate would do regarding her application.

Thanks again jaxen.

Miguel
 
I am not a soothsayer. She has already applied with US consulate at rome. Wait for the results.
 
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