tweetyforlife
New Member
My husband and I were on a J1/J2 visa from August 2001- July 31, 2004. In 2004, the H1B cap was reached as early as February 2004. My husband applied for COS/EOS to H1B/H4 before our I-94 expired but he didn't make it to that year's cap. He got the H1-B approval on October 25, 2004. As, a consequence, our I-94 showed a gap period between August 1 to Oct. 24, 2004.
I-94 expired July 31, 2004
New I-94 starts Oct. 25, 2004.
We have since renewed our H status twice already with no problems and we are on our 7th year extension (expiring in 2013). My husband already has his I-140 in 2008.
My question is: we want to go home and visit our home country. We need a visa to re-enter. Will we be granted a visa and will there be no problems in obtaining such a visa if we have gap in our status (from J to H)?
Are we out of status between August 1 to Oct 24? ( I thought that even if I-94 expires and we have a timely filed COS/EOS, we are authorized to stay, and if the petition is approved, which it was, we are not considered out of status. Is this correct?)
what is the general effect of having such a gap in status? What can be done with it?
What do wet put in the visa questionnaire saying: Have you ever violated the terms of your non-immigrant visa...or overstayed ....blah...blah..?.
Will this have an effect if we ever apply for I-485?
Will going home and re-entering US erase this previous gap or violation for AOS purposes?
Thank you so much. Please help.
I-94 expired July 31, 2004
New I-94 starts Oct. 25, 2004.
We have since renewed our H status twice already with no problems and we are on our 7th year extension (expiring in 2013). My husband already has his I-140 in 2008.
My question is: we want to go home and visit our home country. We need a visa to re-enter. Will we be granted a visa and will there be no problems in obtaining such a visa if we have gap in our status (from J to H)?
Are we out of status between August 1 to Oct 24? ( I thought that even if I-94 expires and we have a timely filed COS/EOS, we are authorized to stay, and if the petition is approved, which it was, we are not considered out of status. Is this correct?)
what is the general effect of having such a gap in status? What can be done with it?
What do wet put in the visa questionnaire saying: Have you ever violated the terms of your non-immigrant visa...or overstayed ....blah...blah..?.
Will this have an effect if we ever apply for I-485?
Will going home and re-entering US erase this previous gap or violation for AOS purposes?
Thank you so much. Please help.