Is it safe to travel?

D

dewey_daniel

Registered Users (C)
I wrote part of this mail in another thread but I need an answer for a question that is killing me.

I am a "federal employee". I work as an MD for VA hospital.
Came with my H1 in 2002. Submitted I140 and I485 together in April 05.
I-140 was approved in June 05 (EB1, self sponsored). FP was done in July. I485 is pending. I've got the H1 renewal approved from VSC (valid until 2008), and I am ready to go back to my country to have a new visa stamp for three more years, although my H1 visa stamp is still valid until August 31st.

The problem is that I was on J1 from 1994 to 1998, and while being on training in 1996, I overstayed my J1 for about 120 days. There was a misscomunication with the ECFMG and my IAP-66 was never issued on time. This happened in the middle of my training. As a result, when it finally arrived there was a period uncovered of about 100 days and I had to leave the country and re-apply for a J1. I faced the fact that possibly they would not grant me at that time. The consular agent was a bit upset since he said this had put me out of status, but he gave me another J1. In any case, I've got more J1s up to June 1998 when I left the country and paid my two year rule back in my country (I actually stayed from 1998 to 2002 in South America), to then return with my H1.

Big question: 1) Will that out of status back in 1996 count against my attempt to re-enter the US with a new (hopefully) visa stamp, or even with the old one since it is still valid?

Thanks.

Daniel
 
Your overstay in 1996 should not be a problem. What is in doubt is whether you have met the two-yr home residence requirement of J1. If I remember correctly, staying in a third contry does not suffice that requirement. Is your contry in South America? Did you stay in your home country from 1998 to 2002? If not, you may have a problem with your GC
 
imwatcher123 said:
Your overstay in 1996 should not be a problem. What is in doubt is whether you have met the two-yr home residence requirement of J1. If I remember correctly, staying in a third contry does not suffice that requirement. Is your contry in South America? Did you stay in your home country from 1998 to 2002? If not, you may have a problem with your GC
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Thanks for your feedback. In fact I stayed in Argentina (my home country) from July 1st 1998 to November 18, 2002. I did pay the two-year rule requirement. My doubs about the "out of status" related to some articles warning about traveling outside after filing I-485. My lawyer did not give much importance to it.
 
as long as you have an advanced parole you should be in good shape. Make sure you also carry your I485 receipt notice however consult an attorney about your out of status situation.
 
Jaggy said:
as long as you have an advanced parole you should be in good shape. Make sure you also carry your I485 receipt notice however consult an attorney about your out of status situation.
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Thanks Jaggy. I do not have AP. I have still a valid H1 (until August 31st) and I have the approval of the H1 renewal for which I need the new stamping if I decide to leave in July. When I was asked by my lawyer if to go for AP or H1, I decided to continue using H1. I am wondering if I should have asked for both.
 
Hi, dewey daniel and any other experienced persons, my wife has a similar situation. I would like to know if a person with less than 180 days of overstay get adjust of status. Thanks
 
Hi, dewey daniel and any other experienced persons.Sorry, I messed up. my wife has a similar situation. I would like to know if a person with less than 180 days of overstay get adjust of status in US. Thanks
 
I think it depends on the situation. I spoke to my lawyer in detail of what has hapenned to me and he said I will be fine. He does not think it will affect negatively the I485. In fact, there was no fault of my own when the out of status occurred and as soon as I realized that it has happened, I left the country, and asked for another visa in BA. Certainly, you can file and see what immigration has to say about it. It is possible that the case may be transferred to a local office for interview.
 
Although AOS can be denied based on violation of status or overstay, they are a bit different. In 1996, my I-94 read D/S. Since my IAP 66 was screwed at ECFMG, I had a status violation, but I did not overstay (overstay is remaining in the US beyond a certain date on the I-94. The consequence for overstay is visa cancellation. Again, AOS can be denied in both cases, but I think that willfull overstay may be difficult for AOS. In any case, I think it depends on the case and on the interpretation that the immigration officer may want to give to the violation.
Has she filed yet?
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I am not a lawyer
 
Hi everyone,
Can someone please tell me if it is okay to travel if you were out of status at one time of your stay in US. Although I have gotten passport stamping done (i-551), I haven't yet received my GC. Therefore, I am a little worried to travel without the actual plastic card because I over stayed at one point. Does anyone have any experience of travelling with PPS who was out of status. I would greatly appreciate any response. :confused:
 
I think that when you got your passport stamped, you are all set and should be able to travel. You are a PR. You are fine
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I am not a lawyer, just trying to help.
 
Thanx dewwy_daniel. Fortunately I got email from USCIS that they have mailed my card. So now I dont have to worry at all. :D Thanx everyone.
 
A FU note. I went to Argentina and had successful H1B renewal stamping and enter the US OK. Still waiting for 485 approval.
 
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