You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
illegal stay after H1B terminated
- Thread starter komal123
- Start date
fluid_situation
Registered Users (C)
You are out of status the day you lose your job (or the last day you can prove you were working for the employer you were authorized to work, usually by way of pay stub).
Check out http://www.murthy.com/ukperiod.html (section "Regulations as Authority") for DHS's interpretation of "unlawful presence" and "period of stay authorized by the attorney general". These may apply for 3/10-year bar.
If you are looking for COS or EOS, you should start the process with BCIS before you go out of status. If they suspect that they you are out of status, they will issue an RFE and depending on the case, they will either deny the petition or approve without I-94 (which means you have to go out of the country and come back with a new I-94/ visa stamp as applicable).
I am not a lawyer, but many things are gray here ...
Fluid
Check out http://www.murthy.com/ukperiod.html (section "Regulations as Authority") for DHS's interpretation of "unlawful presence" and "period of stay authorized by the attorney general". These may apply for 3/10-year bar.
If you are looking for COS or EOS, you should start the process with BCIS before you go out of status. If they suspect that they you are out of status, they will issue an RFE and depending on the case, they will either deny the petition or approve without I-94 (which means you have to go out of the country and come back with a new I-94/ visa stamp as applicable).
I am not a lawyer, but many things are gray here ...
Fluid
Originally posted by fluid_situation
If they suspect that they you are out of status, they will issue an RFE and depending on the case, they will either deny the petition or approve without I-94 (which means you have to go out of the country and come back with a new I-94/ visa stamp as applicable).
I am not a lawyer, but many things are gray here ...
Fluid
how safe is it to travel to the home country for stamping the new h1b ?
===============================
how safe is it to travel to the home country for stamping the new h1b ?
===============================
It depends on which country you are from.
In india, chennai consulate takes a lot of time to process.
It is by appointment only..... other consulate are little ok.
Meow
how safe is it to travel to the home country for stamping the new h1b ?
===============================
It depends on which country you are from.
In india, chennai consulate takes a lot of time to process.
It is by appointment only..... other consulate are little ok.
Meow