Am I 5 years banned from re-entry?/Did I overstay?

G

Girlnextdoor

New Member
Here's my case:

I became out of H-1B status in November, 2007. At the same time the company sent out H-1B revocation letter to INS;
I filed for conversion to B2 10 days later and recieved the receipt letter from INS soon;
I left the US in June, 2008 when my B2 application in INS system is still PENDING;
The stay period on my I-94 card (which came with my H-1B approval letter),which turned in to airline staff at leaving, is far beyond June 2008.

My question is:

1) When will INS input my leaving date into their system? Do they look at I-94 card only? The person who judges overstay or not will also check pending visa application? Did I overstay or not?
2) I haven't checked my B2 application since leaving. Will the visa officer see I already left the US when he look at my file?
3) My company will send me to the US for 3 month training, will oversea consulate grant me visa?

Thank you very much.

I am so frustrated
 
Last edited by a moderator:
Even if you had received a B2 visa, it would have been good for only 6 months. You left 7 months after your H1B was revoked.

Bans are for 3 or 10 years; I do not understand your 5 year remark in your posting's title.

See a US immigration lawyer in your home country with all of your papers and timeline.
 
My h-1b was revoked in November 2007 and I left in early June - that is 7 month period.

I just checked INS system my change of visa status online, it's still pending. And I was told as long as the application is pending, I am not considered illegal stay.

Can some real expert comment on my case? Thank you a lot.
 
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