H4 visa rejected

A

Anita100

New Member
I was having an H1B visa,till July 2001,when I got terminated by my consulting firm.However they suggested that I may take one more month to search for a project ,else they would revoke my H1B.Following their advice ,I waited for some more time till I applied for my change of status from H1 to H4.
However my husband\'s h1 was getting transferred during the same time,and he got his H1 in Sept2001.Due to which the company\'s lawyer applied it in October\'2001.Since we were unaware of the laws,and did\'nt get proper advice,my H4 was applied late.
Now I have got a letter from INS,stating that my H4 is rejected and that I am an illegal immigrant.
Please advice on this front.
Would going back to India,to get H4 stamp,be helpful.

Thanks.
 
No Title

Very sorry to hear that. But as you have been present illegally in the USA from that July 2001; you have invited close to a 5 year ban of reentry. You should leave the country as soon as possible as INS is aware that you are an illegal immigrant here and most probably you will not make it back.
 
No Title

But I consulted a lawyer and he told us that my illegal status begins from April\'02 is when I recd the letter.
INS also has options where we can get my case opened again and provide some evidence that late filing was due to some reasons beyond our control.So I am wondering whether I should follow this route or go to India and try to get H4 stamped.

Thanks,
 
No Title

Always the best suggestion is provided by your lawyer. Do as he says. This is purely a non-professional forum where people provide opinions bases upon their experiences.
 
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